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Audits lash at Corrections' flaws
This is an archived article that was published on sltrib.com in 2006, and information in the article may be outdated. It is provided only for personal research purposes and may not be reprinted.

Favoritism is widespread in Utah's Department of Corrections, legislative auditors said Wednesday.

Administrators blocked investigations, high-ranking officers avoided punishment and executives violated policy to give associates plum jobs, according to the audit. The report also states that more than 100 Corrections officers failed to get the required training to maintain their police officer certification.

Another audit released Wednesday shows the Corrections Department manipulates the retirement system more than any other agency by rehiring professional staff shortly after they retire, allowing them to collect a paycheck and their pension.

House Speaker Greg Curtis called the findings "troubling," while Senate President John Valentine demanded a follow-up audit in one year to see if the problems have been fixed.

"There seems to be a culture that is breeding serious discontent," said Curtis, who noted that several corrections employees have asked for legal protection in exchange for talking to auditors.

Corrections Executive Director Scott Carver said he didn't know why employees would worry about retribution. He acknowledges the training errors, but dismisses every claim of preferential treatment.

"We agree there is a perception of favoritism," he said. "We disagree that there is evidence of favoritism."

Auditors identified 10 cases of preferential treatment including a captain who after testing positive for meth was placed on paid administrative leave for seven months so she could receive her police retirement; a supervisor who lied to a Highway Patrol officer after being pulled over, saying he was speeding to a stabbing when he was really on his way to a shooting range; and an administrator who blocked an internal affairs investigation of a supervisor.

Carver took exception to some of the findings, pitting his version against the auditors' investigation.

Auditor General John Schaff said the audit ''can't be glossed over.''

A 2003 study by the department found that three out of every four employees believe favoritism exists.

And more than 90 percent of those interviewed by auditors had the same opinion.

The Fraternal Order of Police's corrections chapter, commonly referred to as the FOP, asked for the audit back in January. FOP members claimed widespread cronyism, nepotism and unfair treatment by Carver and his deputies.

The audit is not so strongly worded, but after a legislative hearing Wednesday, auditor Kade Minchey said: ''There is a clear problem down there.''

The fraternal order's executive director, Kelly Atkinson, said Wednesday: "We are happy to see that the audit has validated the concerns and the issues that were brought to us by upper-level correctional management."

At the heart of the favoritism complaints are the department's internal affairs unit, called the Bureau of Professional Standards, and its leader, Ron Benson.

He retired from the department in 1998 after a botched investigation that resulted in a lawsuit, which the state settled for nearly $500,000. Benson returned to the department six years later and reclaimed an investigator position the following year.

Auditors and the FOP claim his hiring and quick promotion violated policy and showed favoritism.

Benson calls it ''jealousy,'' fueled by officers whom he has investigated in the past.

"There are certain people in this department who don't like me," he said. "People feel it is my fault that their behavior got them disciplined."

Benson is backed by Carver, who said the department didn't violate any policy or show Benson any preference when he was rehired.

The dispute hinges on Benson's police certification.

He claims he met the requirements by working for the department as a reserve officer after his retirement. Benson said a few times each month he passed on tips from old informants to investigators primarily in the Provo area but also in Salt Lake County.

But reserve officer supervisors in each area say they know who Benson is and are sure he didn't work for them.

Further, the department can't locate Benson's reserve officer agreement. Administrators say it's lost. FOP claims it never existed.

To square the situation with the state's police certification office, Benson got his friend and former boss Leo Lucey to write a memo.

The audit calls that memo "misleading" and "seemingly falsified."

Carver insists everything was done aboveboard and that Lucey had "no motivation to falsify records." He said auditors failed to understand the difference between a position requiring law enforcement certification and a position requiring a person to be law-enforcement certifiable. He said Benson is compliant and in good standing.

This dispute is not the only issue involving Benson and his office.

Benson also is accused of lying to a Highway Patrol officer after being pulled over for speeding. He told the trooper he was headed to the Gunnison prison to investigate a stabbing. He was really headed to a shooting range. The exchange was recorded on the trooper's dash camera and made available to Benson's supervisors. He never was disciplined.

The audit also says the internal affairs unit has failed to investigate serious policy violations and possible illegal actions, sometimes under the requests of managers.

Auditors recommend that Carver give the unit more autonomy and oversee Benson directly. He has already made this switch.

Carver claims the FOP continuously harps on his handling of Benson, raising the issue with his office, Gov. Jon Huntsman Jr.'s now-defunct transition team and then with auditors.

"It kind of skews the impression that is given," Carver said. "I am really at a loss to say why their efforts are focused on him."

Carver claims FOP's charges of unfair and unethical treatment are either groundless or have already been remedied and that only a ''subset'' of the 2,400 corrections workers actually harbor feelings of favoritism.

He said he had the same feelings when he was an officer 20 years ago.

''If someone asked me, 'Do I believe favoritism is going on?' I would have said, 'yes.' I would have said that based on limited knowledge and understanding'' of executive actions, he said.

Carver doesn't believe he will ever be able to totally eliminate such feelings, but he hopes to curtail complaints by providing officers with more information about disciplinary matters.

But the audit says such feelings are "deep-rooted" and widespread.

An internal Corrections survey found the staff considered favoritism as serious a problem as their low pay, which is below that provided to similar workers at county jails.

Carver says morale and staff concerns are his No. 1 priority. He says grievances and disciplinary actions are down since he took over officially in January 2005.

Auditors point out that the department received more grievances than any other Utah agency.

As for deficient training, Carver conceded his administration failed to check employees' status. Every officer is required to complete 40 hours of ongoing training each year, but 107 workers had failed to do so.

One division director hasn't hit the 40 hour mark in four years. One captain hasn't been adequately trained for six years. Neither has been disciplined.

Carver promised all his officers will complete the necessary training by Jan. 10, or be removed from their law enforcement positions.

He hopes to convince lawmakers that favoritism is a phantom issue and that serious concerns raised by the audit will be addressed before the next legislative session begins in just a few weeks.

"I'm hoping the impact is not too negative because we have very important issues in the upcoming legislative session that we need to deal with, such as staff compensation," he said.

mcanham@sltrib.com

Examples of alleged wrongdoing

* Gov. Jon Huntsman Jr.'s transition team requested that Corrections Executive Director Scott Carver hire a deputy from outside the agency to root out favoritism. Instead, Carver hired a person "directly related to and involved with many of the favoritism concerns."

* A senior officer allowed an unauthorized person to come into the prison. An officer reported the security breach. The senior officer received modest punishment. The officer who reported the violation was then transferred and told to "get a thicker skin."

* A Board of Pardons employee transferred to the Corrections Department for one month. During that time, the person received an $8,000 retirement bonus. The employee then returned to the previous position at the Board of Pardons.

Director denies ethical, professional lapses
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