Wadoc Report Staff Sexual Misconduct and Security Compromise Halford 2003
Download original document:
Document text
Document text
This text is machine-read, and may contain errors. Check the original document to verify accuracy.
STATE OF WA.SHINGTON DEPARTMENT OF CORRECTIONS WARNING THIS FILE IS THE PROPERTY OF THE WASHINGTON CORRECTIONS CENTER FOR WOMEN INTELLIGENCE & INVESTIGATIONS OFFICE CONTENTS MA Y BE DISCLOSED ONL Y TO PERSONS WHOSE OFFICIAL DUTIES AEQUIRE ACCESS. CONTENTS MAY NOT BE DISCLOSED TO THE PARTY(S) CONCERNED NOR TO COUNSEL, WITHOUT SPECIFIC A UTHORIZA nON OF THE SUPERINTENDENT. CASE TQPIC: POSSIBLE STAFF MISCONDUCTIBREACH OF SECURITY CASE #: Mr. HALFORD 06-041-:-03-F01 DATE OPENED: 6/10/03 DATE CLOSED: 6/25/03 sign and date at time of review or receipt IN OFFICE REVIEW CASE OUT REVIEW 196 CONFIDENTIAL Washington State Correction Center for Women Intelligence & Investigations Case File 06..041..03-FOl . , .. CONFIDENTIAL 197 Washington Corrections Center for Women Intelligence & Investigations Investigative Case #06-041-03-FOl 25 June 2003 TO: Belinda D. Stewart Superintendent, WCCW FROM: Steven B. Baxter . Investigator, WCCW POSSffiLE STAFFISECURITY COMPROMISE: MR. PATRiCK HALFORD SUBJECT: DNR"'~ cq Bobby Greene. ;~~~:'"~~~ed:tb:~I~::::~~;e~::es~a:""'~~:S:~:~~:::s SYNOPSIS: WCCW 1&1 was notified on 6/10/03 of a possible staff compromise by and she had not been home. Acting Superintendent Di!!Jll1epoorianwas notified and a case was opened. / . t t i In6/Im1a/ote3 .. "0' ~,,""" .......9 Ji4al@if··_.rlastcellmateandfriendwasintervieWedon at 073 !"•• and questioneIriiffii'.· .... ,c;-d' any problems with staff while at WCCW. 11M '., y ~ted. that she had no knowledge of any problems and became defensive at further questioning. 'lIMl_Was instructed to not talk about this with anyone and the interview was terminated. $ At 1000 6/11/03, Pat H'!!!()l'<!clllled the 1&1 office and stated that he had talked with ~d heard,I '!"c~?ut 1IM~ Mr. Halford stated that he wanted to clear the air and that hehad been at ~ouse aboiittwo weeks before, gave her a DNR hat, had lunch and talked, but didn't want anyone.to get the wrong idea. I informed Mr. Halford that I was looking-into the matter and requested that he write me a memo which he stated 'he would do but never delivered the document to this date. ' ms'. u On 6/12103 Mr. Halford left a mess"g~ on my phone stating that he had been thinking about th,.,rr incident and had talked with his supervisors. They had decided that no further contact would bell1lldewith ex-inmates except in helping them get jobs with DNR and to let me know they had been talking with 2 to 3 inmates that have release to help them got on with DNR. Mr. Halford went on to say that he would tell the . rest of the DNR crew supervisors this information, On 6/12/03 at f520 hrs. contact was madewithlnmatEl.......'l!hostated th,atMr•.Half?rd had indeed been at her house and had bronghther the DNRb,alllOdfecoD;;Denaatious. ~tated that he had asked her if she would like to have lunch. and had,taken her to arestaurant. ~ted that the talk, had been aboutherworking for DNRand was not personal in any way. . .. ' ." . _/'ter , Conclusion: Halford,h"!'ad.mittedto con!licting!#at herre[eas~ andta!king to at least two others about DNR jobs ~r their release. ¥,.H~lfordtil~Q;'~il\ ttthat he has notified.his supervisors about the situation and thalnev.. rules will he implemented on ~on!lictingUunatesllf'ter'release. Prior to this in~esti~ati.~n another DJ';lR crew supervis?r wall found driving 6n theper,uneter~!ld ~ee attachment 1) WIth his private par. approachedRi~herd Dunnstated.thathehadinformation to pass to DNR inmatesandsaid "I guess I can't talk to themthrough the fence;" This information is passed to you for your infOljnatiorilactionc , ' . . .. ' . . ¥t. When '1 ATTACHMENT 1. IR dated'6/;7/03 198 STATE OFWASHINGTON DEPARTMENT OFCORRECTIONS INCIDENT REPORT PLACE / AREA OCCURRED Wc.c..W SOXIt \\'RIIv\~rt.R.O E..bl"VlS'.6A'ta DA~/·rEOFIN/I~~ (Pi .{)~\ . OFFENDERS INVOLVED DOC NUMBER , LIVING UNIT USE OF FORCE INCIDENT D YES ~ NO WITNESSES E,.2(.,'O '"'h :r. r:>.VL . DETAILS: Who was Involved. what look place, how did it happen, description of eny injuries, damage, use of force, etc. Altach additionai sheet, if necessary. _"ii .... ~UI \~OO I V'l 'C~i 1:- WI>.S SA6\~~r.J[)C~ 'HE. ~Ol.l'rt-l Pefl.IM~ ~ 11.1 \.\'S~~~\). \\E:. ~ 1;~iJ\"I~teb.:1\5 R.IC~ 1)Vf-iN, /; N6VJ .!)NR c..1Z.1r/.oJ ~\l~\IIS0R.. ® ~ID \.\i>b It-\~OQ.N\'" 1""10;..1 'rC \\$ ~lJ 't\) ]1lE J:NR. INMA:TeS ~\ti C.%I4S, C-.!Il~~()u-r aIJ S\i~1, HE SAID 'I!. c::,\ff.S 1.. eM! "i1\L.t i1J 'T't\SM Trl~V"14 I\-It ~1:lf,\C.EJ t~~ ~ ~" ":L. \'{)Y) Hli'-\ 1J1l ~WD ~1~EC.:rB'D HIM 'rO Puf&..IC A~S i"tl~'( I+''s ,.,jFOfZ..M"""r'\Jo-..I.;tt) S;-~Ff, NO' ItJN\A'n:::.~, J: Ai.:3fJ ThLDf./.II\1 ~O\TCl "bR,1 I/~ H\sfR\ VATS \ISM ICJ,...JS. ON \i-l-6 PeA,.I M 6i1 1£1' <. ReAD, *' ..., IMMEDIATE ACTION TAKEN: ~t:> ~&. \.II' .DATE TiTLE REPORTING STAFF SIGNATURE DATE / TIME .RECEIVED INVESTIGATION ASSIGNED TO BY Distribution by Associate Superintendeht: Supe1intendent . ' .D. Intelligence Officer Sl'iltt'C&nmander 0 cliriical Director SafetY Officilr ' 0 Other o o o DATE 0 Other OJ Other ....,--_--,---,-__ 0 Other ,Atfachment( , ) . 'DOC 2'1-458 (10/16/2001) WCCW 199 STATE OF WASHINGTON DEPARTMENT OF CORRECTIONS OAnCEOFCORRECTIONALOPERATIONS WASHINGTON.CORRECTIONS CENTER FOR WOMEN P.O. Box 17, MS: WP-04, 9601 Bujacich Rd, N.W., Gig Harbor, WA 98335-0017 July 14, 2003 TO: Patrick Halford, Department ofNaturaJ Resources FROM: Michael Green, Correctional Captain SUBJECT: ME;MORANDUM OF CONCERN ~ ·_",~.N";~ Specifically, you admitted that you had visited the home of recently released inmatJ 5 (lD@&!~~~ave her a Department of Natural Resources (DNR) hat, and had taken her to lunch. You stated that this interaction was strictly for recruitment purposes and you wished to help her get a job with DNR, and that your contact with her was by no means personal. You further revealed that two or 'three other recently released inmates were also contacted in a similar fashion to recruit them for future DNR employment. . I have attached a copy of Department of Corrections (DOC) Policy 801.005 Employee of Relationships with Offenders. It is imperative that you familiarize yourself with'the contents . .- I this policy. Of particular note are the definitions contained within the policy which state in pertinent part: "Employee: When used in this policy" includes any contract, volunteer or employed person of the department. ; . Offender: An individual who; I) is currently under the jurisdiction of the Department or 2) has been discharged from the jurisdiction of the Department within the past six months." Also, I. wish to draw your attention to paragraph II B of the policy. This section requires . employees -to report unofficial c~ntacts with IQ10wn offenders, their family members, or close personal '. associates to the appointing authority on DOC form 3-039, Report ofContact .with an :. ..... -. . . . .l Offender. '. I wish to emphasize that you must use caution when dealing with offenders and be mindful of the appearance of improper association. Please be aware that future incidents 'Yhich do not adhereto department and facility guidelines may jeo'pardize your authorization -to facility grounds and programs. Regarding your recruitment effo~ts for DNR vacancic;s, I r'ecommend that you direct inquiries to the Department of Personnel or your appropriate Human Resources office. 200 • DEPARTMENT OF CORRECTIONS I " 'POLICY POLICY NUMBER a01.005 EMPLOYEE RELATIONSHIPS WITH OFFENDERS TITLE r .. .... ," .... .. ... .. ... Page 1 of3 EFFECTIVE DATE: March 1, 1998 SUPERSESSION: DOC Policy 854.075 dated July1, 1983. AUTHORITY: The General au1horily of the Secretary of Corrections to manage and directthe Department. RCW 72.09.050. PURPOSE: To provide guidelines to ensure that employee relationships with offende~, theirfamUy members, and/or close personal associates aremaintained In a professional manner. APPLICABIUTY: All employees, voluntee~, and contradstaffofthe.Department DEFINmONS: Employee: When used in thiltpolicy, includes anycontract, volunteer or employed person of the ~' ( • depllrtment ' Offender: An individual Y/llo: 1) is l;Urrently under tile jlll'isdlcllon of the Department; or2) hasbeen discharged from thejurisdiction ofthe Department within thepast sbc months. .. -', ... .... .... .. : . . .. ,," .. ' -'c' ', .. ;~._ < .... , S8)IlJai Abuse: Ar)y actof a s8llllalnature thattakes advantage of or 8lCploils an offender, or s8)llJai contact obtained bypersuasion, inducement, enticementi compulsion, influence, enCouragement, intimidation, seduction, uses of au1horily, threats of harm or loss of prilriJeges, promises, favoritism, coerCibt:l;force,etq. . . ' ,-, "" I,,' • • 1 SeleUal'Assault: An assault thet is s8)llJai in nature. SeleUal COnlllct: Anybeha\iorthat in~u~es"but is notIlmtted to, hugging, fondling, kissing, .intentional touching, eitherdireclly or through cl.olhlllg, ofthegenitalia, anus, groin. breast, innerthighs, or buttocks of another indMduaTof anyOther phySiejl contact e~pt handlshakes orillat allowed bY policy far purpOses o( lifesaving !l~ m~illtainii)gSe~Hty.Eialnples' of prohibited' coirtaet include neck rubs, back rubs;hairto,uching. massages and ClIre,sses. ' SeleUal Harassment of an Ottender: SelClJally offensi'le comments and gestures, seleUal advances, requests far selClial favors or otherverbal .or physiCal contact ofa seleUal'l)ature. ' ' POLICY: '. nd cJose,fll!!rsonal associates must Ile . d bepartment , tnelnbersor' . .." ' ·ecled i~8t .\ ......, " :," ,:::i"~ • i' \ C( 1201 DEPARTMENT OF CORRECTIONS TITLE • POLICY POUCY NUMBER 801.005 . EMPLOYEE RELATIONSHIPS WITH OFFENDERS Page 2 of3 themwithdignity and respect. Personal and/or wnofficial busin\lss relatlonshipS with offenders. their famOy members. or close personal associates areprohibtted. . I. FawritismJProfessionalism A. WhOe employees must recognize the indMduality of offenders, they must do so wtthout showing favoritism. Conwrsely, grudge holding, bias, or neglil!ivism toward or regaldingan offenderis prohibtted. Reactions to offenders mustalways be professional andnot affected by personal or othersubjectlw issues, biases, or stereotypes. 11. Association with Offenders A. Association with offenders,beyond thatwhich is required in the performance of official duties with the Department, is prohibtted inthe interest of professional unbiased service. Personal communications and/or relationships ,between employees aad offenders, their family members, or close personal associates are not appropriate andare prohibfted. B. Unofficial contacts (those not authorized within ian employee's officialduties) with known Offenders" theirJamOy membero, or c1o~e peisonalassoc;iates~!llill!tlel'l!por,tBilby ef1lployees to the appointing autllority through theirimmediate suPllrvisor On [lOC form 3-039,Reportof Contact with an Offender (see attachment). Thisdoesnot include casual contacts or unintentional contacts. Le., gre~g an offendenNhen passing On the street A completed DOC form 3-039wm be maintained inthe employee's personnel file. C. Employees are qautioned that personal relationships bytheirimmedlatefamDy memberswith offenders, 0ffllnder'l! famOy members, or close personal aSsociates of offende(S haw the potential to poseconflicts for employees at work. D. Employees who have a Pre~ngfamfty orpersonal relationship with an il)dMdual who comes underthejurisdiction of the Departmerrt mustreport tIlis relationShip On a [lC)C fonn 3-q39 iinmealatelyupontheirinftlalllmployment withthe Departmllnt( oruPOnlJllcof1linllaware of the indivklllal'$~tu,S Ill~ an offender). If neCllSSary,an Jl'liPlo)'l!Elor anOfflll'!9llrmlllYI:l!l reassigned ~tthed~c;retIcmoftheapPOintlng alllhority,onlll~~e~. toa~id po\entilliconllid$. f;ffo rlS wil be madetorelllS5igntl1e0ttenderbeforerelllS5igni!1g th,e. employee.En')pll)~may bere.assigned to another po~ition'woljtlll;ltion(oraitemate job resPOn~ibnili~siftheil'profassional responsiliDilieswouldotl)erwisll requirll dil'ectcorrtlllct with the offender. '; E. Physical contact or :communication of a selaJal nature directed toward an offenderthat establishes an inappropriatll rela~onship Including, but not limited to, 5ellUal'abuse, sBlaJal assault, selOJal contact, or selOJal'harassment is'prohibited. " . III. Gratuilies A. No employeemay give or acceptgills,gratuities orfawrs, barter, or haw anyfinancial dealings wtth for'an offender, their'tamOy members, or close peroonal associates willioutthe wrilIIln,approval of the appointing authority, Gratuities inclUde anifbrm of.propertY or sennce regardlesS of tlrIsriC!a1 vi!lue. The purchase of offender cflrios is ailowed only underthe established'purChasing guicl:ellnEis of each II1SIitutionitacllity.' , or "'\ I 202 DE?ARTMENT OF CORRECTIONS • PQLICY EMPLOYEE RELATIONSHIPS WITH OFFENDERS rv. . POUCY NUMBER 101.005 Page 3 of3 MeSsages and Articles ot Property A. Emplpyel!$ may mll engage in the lllInsmjsslon pf messagl!$, maio or articles of propertyfor or to pffenders, theirfamilymembers, or close personal associates, ex:ept as part ot their oflicial duties. v. Writs, Petitions. and l.egal Concerns A. Employees are not to assist, ad\'ise, or coul1$el offenders in their preparatlcn ofwrils. appeals, or petitions for _~ clemencyor Other legal concerns, nor should they support such adillns in anyway. EmplQYeeS may refer offenders to the appropriate legal service agencyor persons tor assistance in these matters. VI. Offender Sponsorship A. Employees shallnat seM! as parole, fl1l10ugh, or personal outing sponsors for pffendelS. . VII. Sanctions A. Violations pt the prohibitions stated in this policymay resultin corrective or disciplinary actiPn 'up iO'and including dismissal. S«:eptlons to this policyrequire the wriltenpermissicn of the Secretaryor designee and must be routed through the employee's appointing authority. REFERENCES: DOC Policy 801.001. Ethics ATTACHMENTS: Atlachment 1 • DOC form 3-039, Reportof Contactwith an Offender. \ " -+- 203 ~ STATE OF WASHINGTON DEPARTMENT OF CORRECTIONS REPORT OF CONTACT WITH AN OFFENDER NAME OFFICE INSTITUTION JOB TITLE (WITH DOC) NAME OF OFFENDER,OFFENDER'S FAMILY MEMBER, OR CLOSE PERSONAL ASSOCIATE OF THE OFFENDER LOCATION OF CONTACT DESCRIPTION OF CONTACT LENGTH OF CONTACT DATE OF CONTACT DATE OF REPORT EMPLOYEE'S SIGNATURE TITLE SUPERVISOR DATE COMMENTS: CONTACT WAS o o SIGNIFICANT NONSIGNIFICANT SUPERINTENDENT/OCO OR ASSISTANT DIRECTOR TITLE SIGNATURE DATE COMMENTS: Distribution: WHITE-Personnel File Yellow-Supervisor PINK-Employee DOC"03·039 (F~P 61~OOO) QCO \) .204 • ~ :. NUMBER STATEOF WASHINGTON DEPARTMENT OF CORRECTIONS DEPARTMENT WIDE • . SIGNATURE POLICY DIRECTIVE o Offender Manual DOC 800.010 0 Spanish ~,~ !!.£P err: JOSEPH D. LEHMAN, SECRETARY EFFECTIVE DATE 2/26/01 PAGE NUMBER 1 of 4 TITLE ETHICS SUPERSESSION: DOC 800,010 effective 8/7/00 REFERENCES: DOC 100.100 is hereby incorporated into this Policy Directive; RCW 42.52;WAC 292-110-010, 060; ACA 3-4024; ACA 3-4067; ACA 3A-07; ACA 7E-13; DOC 190,300 Reporting State Employee Misconduct (Whistleblower); DOC 806.005 Memberships in Professional & NonProfit Organizations; DOC 816.010 EmploymenWolunteering of Relatives/Household Members; DOC 850.025 Outside EmploymenWolunteer Activities; DOC 850.450 Employee Participation as Board Members or Consultants to Boards; Employee Handbook POLICY: I. The Department shall provide direction to employees to assist them in making appropriate choices, acting in a manner.that demonstrates high ethical standards, and complying with provisions of RCW 42.52, WAC 292-110-010, and WAC 292-110-060. [7E-13] II. Employees are to avoid actions that use, or create the appearance of using their position for personal gain or private advantage for themselves or another person. [3-4067] III. [3-4067] [3A-07] The Department has adopted a Code of Ethics and statement of values that exemplfy standards and principles that serve to gUide individual behavior. The Employee Handbook contains information on these and other areas of responsibility and expectations. IV. The Department and its employees are prohibited fr0 using state resources for private rTl benefit or gain. Department employees are expected to maintain high professional and ethical standards at aH timesu in keeping with the Department's role and responsibility to . . serve the people ofthe state of Washington, DIRECTIVE: I. General Expectations 205 NUMBER TITLE DOC 800.010 A. EFFECTIVE DATE ETHICS 2/26/01 PAGE NUMBER 2 of 4 Employees are responsible for knowing and adhering to applicable ethics laws, policies, and Policy Directives and for making choices that exemplify an adherence to high ethical standards. Information on issues related to state ethics, including interpretations and clarifying examples of RCW and WAC, is available at http:\\www.wa.gov/ethics. 1. Employees shall not: a. Have a financial or other interest or engage in any business or professional activity that is in conflict with their official duties. [3-4067] b. Use their official position to secure special privileges for themselves or any other person. [3-4067] c. Receive any compensation from a source, except the state, for performing or deferring the performance of any official duty. d. Accept any gifts. The following items are excluded from the gift restriction: e. 1) Items from family, friends, or other employees not intended to influence the employee'sperformance or nonperformance of their official duties. . 2) Unsolicited plaques and awards of appreciation. 3) Items of nominal value, regularly and normally offered by an organization to customers, potential customers, or the. general public as samples or for public relations or advertising purposes. 4) Food and beverages on infrequent occasions in the ordinary . course of meals, when related to official duties. . 5) Awards; prizes, scholarships or other items provided in recognition of academic 9r scientific. achievement. Disclose confidential inforrnati,on to anum;1I1thorit:ed person or use confidential Jnformationfor personal benefit or tobsneflt another. , ." ., "'" f. Use state resources for personalbenefit.or to benefltanolher, except as required during th"e execution of.their official duties.' g. Use state resources for political campaigns. [3-4024] [7E-13]' .: ':.•...... '.':' ,""'''". ....... - h. Asslst another person a trans~ction invoiying the state if they participatedin that transaction, or the "trah~acUon was part of their ; .... -" . , 'c., ' " . '..'. ''':'' :. . ' .. , . .' ".<', in ..". .'. ,· ·.·f .;'. . .: : ,.,.:.•':.'.-,:.': ..-.., ..": , ." . ' ,f 20'6 NUMBER TITLE DOC 800.010 EFFECTIVE DATE ETHICS 2/26/01 PAGE NUMBER 3 of 4 job responsibilities anytime within the past 2 years, except as required during the execution of their official duties. 2. Former employees shall not: a. b. B. Within one year of leaving state employment, accept employment or compensation from an employer contracting with the Department if, during the 2 years immediately preceding termination of state employment they: 1) Negotiated or administered a contract with the new employer in excess of $10,000; and 2) Their duties with the new employer would include fulfilling or implementing that contract. Within 2 years following the termination ofstate employment, have a beneficial interest in a contract or grant which was expressly authorized or funded by executive action in which the employee partlclpated. The occasional and limited use of state resources that supports the . organizational effectiveness, enhances job related skills, is reasonable, and of negligible cost, does not violate an ethics law, and does not undermine public trust and confidence. 1. 2. Employees may make occasional but limited use of state resources with prior Supervisor approval, only if: a. There is no cost to the state; b. It does not interfere with the performance of the employee's official duties; c. It does not disrupt or distract from the conduct of state business due to volume or frequency: and d. It does not compromise the security or integrity of state information or software. '. Occasional and limited use of state resources does not include use for: a. The purpose of conducting an outside business; b. The purpose of supporting, prDmotlng, or soliciting for an outside organization or group unless provlded;by law or authorized by the .Secretary/designee;. 'p 207 NUMBER TITLE DOC 800.010 II. EFFECTIVEDATE 2/26/01 ETHICS PAGENUMBER 4 of 4 c. Campaigning or other political activity; [7E-13] d. Advertising, selling, or other commercial uses; or e. Illegal activity. f. The appropriate use of state resources ultimateiy rests with the employee who uses or authorizes use. Reporting Violations A. Employees shall inform their Supervisor of any actual or potential violations of this Policy Directive. 1. When in doubt, employees shall consult with their Supervisor and/or local or Regional Human Resources Manager. 2. Alleged violation(s) of RCW 42.52 may also be filed directly with the Executive Ethics Board at the following address: 1125 Washington Street SE Post Office Box 40100 Olympia, Washington 98504-0100 3. The Executive Ethics Board has the authority and responsibility for investigating complaints and may take punitive action against the employee and/or agency if violations occur. B. The Appointing Authority/designee will bea single point of contact within their area to respond to questions and/or complaints about this Policy Directive and. other ethics related issues. // . C. The local or Regional Human Resources Manager will assist in the identification and resolution of potential problems.related to ethics laws and Policy Directives. r · D. ..... '. Violations may lead to corrective or disciplinary action up to and including dismissal. DEFINITIONS: Words/terms appearing in this Polley Directive may be defined in the Glossary section of the Policy Directive Manual. . ' ATTACHMENTS: None~ DOC FORMS (See AppendiX): None ' "--c. 208