THE TASK FORCE ON CONTRACTING AND PROCUREMENT IN THE MISSISSIPPI

DEPARTMENT OF CORRECTIONS MEETING MINUTES

December 19, 2014
The Task Force on Contracting and Procurement in the Mississippi Department of Corrections
meeting was held on Friday, December 19, 2014 at 2:00 p.m. in the Governors Conference
Room, on the 19th floor of the Walter Sillers Building located at 550 High Street in Jackson,
Mississippi 39201.

TASK FORCE MEMBERS PRESENT

Mr. Andy Taggart, Co-Chairman
Ms. Constance Slaughter-Harvey

General Mike Moore

Mr. Bill Crawford

Call to Order
Co-Chairman Andy Taggart called the meeting to order and announced that Judge Robert L.
Gibbs, Co-Chairman, was absent due to other obligations, and that Judge Gibbs sent his regrets
to the Task Force for missing the meeting.
Approval of Last Meeting Minutes
Mr. Crawford moved to approve the Minutes of the December 12, 2014 meeting. The motion
was seconded by Ms. Slaughter-Harvey and unanimously approved by all members present.
Narrative Outline Attachment A
Mr. Crawford presented an overview of a document outlining his thought process which might
be used to organize the information that will be reviewed by the Task Force. This method
included thoughts and suggestions for appointing honest and able agency heads over various
oversights and processes that are not working. The outline supported the use of comparative
information with regard to data sets.
Co-Chairman Taggart noted that the entire document packet is available to any guests who
would like a copy.
MDOC Correctional Officer Services Contract Attachment B
Rick McCarty, Interim Commissioner for the Mississippi Department of Corrections, was
recognized by Co-Chairman Taggart and presented information on a proposed personal service
contract for Task Force consideration. The contract is for correctional officer services for which
two sealed bids were received in September. This contract provides contracted correctional
officers for the entry points at the South Mississippi Correctional Institution, which has had
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Procurement in the Mississippi
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staffing problems. This contract is a tool to supplement their efforts to obtain workers at that
facility. The two bids were $20.99/hour and $13.54/hour. The guards will be paid between
$10.34 and $10.54/hour. The lower bid was chosen, which was Security Protective Services.
Personal Service Contract Review Board staff reviewed and recommended approval, but
consideration by the Board was postponed at their meeting last Tuesday in order for the Task
Force to review.
General Moore and Co-Chairman Taggart asked questions regarding contract costs, pay to
officers, and the need to outsource officers for this facility. Mr. McCarty provided all requested
information and discussed the Department of Corrections goals to maintain a secure and safe
facility, which will assist with recruiting and retaining permanent staff.
Co-Chairman Taggart stated that it was his understanding that this was a time sensitive request
because MDOC is approaching the ceiling of the contract. Mr. McCarty affirmed the time
sensitive nature and stated that the services were procured as a small purchase procurement, but
that this contract needs to become a permanent contract through the Personal Service Contract
Review Board. Ms. Slaughter-Harvey expressed concern about approving the request at this
point in time and suggested two weeks to review the matter further. Mr. McCarty stated that it
could cause a problem because MDOC could go above the $100,000 limit and that would violate
the law. Ms. Slaughter-Harvey also stated that she was concerned because paying a guard
$10.00/hour would provide fertile ground for enticement for guards to smuggle in contraband.
Ms. Slaughter-Harvey stated that Tess Funches is her niece. Ms. Slaughter-Harvey abstained
from further involvement due to her relation to Tess Funches, Director of the Personal Service
Contract Review Board.
Mr. Crawford asked questions regarding the level of pay for the guards as well as MDOCs
ability to obtain bids in that area. Mr. McCarty provided additional information regarding
language in the contract and that no increase was provided for. He also provided information
about the number of vendors who expressed interest in the bid, which was five, but that only two
submitted a bid.
Co-Chairman Taggart asked whether these guards would be working alongside guards who are
state employees. Mr. McCarty stated that they would not be. These guards will be stationed only
at the entry points.
General Moore asked Co-Chairman Taggart if the Task Force had any legal role in this. CoChairman Taggart stated that the Task Force does not have any legal authority, but that the
Governor has instructed that certain contracts be presented to the Task Force for review.
General Moore made the motion to recommend that MDOC move forward with the contract. The
motion was seconded by Mr. Crawford, and the vote was unanimous with Ms. Slaughter- Harvey
abstaining.

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UMMC Air Support Contract Attachment C

The next contract discussed was between the University of Mississippi Medical Center and
MedComm, which provides air transport (helicopters) for the neo-natal unit. Co-Chairman
Taggart stated that there is no connection with this contract and MDOC. Co-Chairman
introduced Dr. Craig Orgeron, with the Mississippi Department of Information Technology
Services (ITS), to discuss the details of this contract.
Dr. Orgeron stated that ITS procures technology commodities and services for state agencies. He
stated that there has been a lot of anxiety around sole-source contracts. Dr. Orgeron provided an
overview of the vetting process and the makeup of the ITS Board. He stated that the contract was
pulled from the ITS Boards November and December agendas in order to get the Task Forces
opinion. Dr. Orgeron stated that he believes this request is less about the business of UMMC and
MedComm, and more about the Task Force providing guidance to agencies like ITS with respect
to sole-source contracts.
Mr. Crawford asked about the mechanism of the review of these contracts. Dr. Orgeron provided
information about the process. Mr. Crawford asked what would happen in these types of
situations if there were no sole-source contracts. Dr. Orgeron stated that a bid or RFP (Request
for Proposal) would be done.
Dr. Orgeron asked the Task Force if there are any directions that the Task Force would choose to
give or not give in terms of this business.
Mr. Crawford commented that he appreciated the thoroughness of Dr. Orgerons analysis. Ms.
Slaughter-Harvey asked who is on the ITS Board. Dr. Orgeron listed the Board members and the
company for whom each of them works.
The Task Force discussed what the motion would be and it was determined that the motion
would be that the Task Force believes this contract is outside the scope of the Task Forces work
as assigned by the Governor General Moore offered that motion, which was seconded by Mr.
Crawford. The motion was unanimously approved. General Moore added favorably that further
education on the effective sole-source processes of ITS be a part of future Task Force
recommendations. Dr. Orgeron asked the Task Force whether this action sets a precedent that
any sole-source contract taken to the ITS Board not dealing with MDOC should be handled as
normal by the Board. Co-Chairman Taggart responded that sole-source contracts of ITS need not
be brought before the Task Force that are not related to the Department of Corrections.
Mississippi Department of Corrections Commissioner Appointment Attachment D
Co-Chairman Taggart read a letter from Governor Phil Bryant dated December 19, 2014,
appointing Marshall Fisher as the Commissioner of the Mississippi Department of Corrections,
effective January 2015 through the duration of Governor Bryans term. Governor Bryant also
expressed his gratitude to Rick McCarty for his service as Interim Commissioner.
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Task Force Website & Ethics Hotline

The development of a separate Task Force website with a confidential information tool was
discussed. Co-Chairman Taggart referenced current policies and features in practice (MDOC
policy 12-04 and a Fraud Hotline through the Office of State Auditor) but suggested that the
Task Force develop its own secured tool. Shawn McGregor, Deputy Director of the Mississippi
State Personnel Board, provided information about options based on his conversation with
Michelle Blocker of ITS. Those consisted of linking a page to the Governors website (at the
Governors discretion) and/or establishing a separate website for the Task Force. Mr. McGregor
stated that ITS indicated their vendor would place a priority on building the site and could
complete a website within two weeks of the Task Force providing the information to be posted.
ITS has an agreement with this vendor to provide these services at no cost; however, there would
be fees for any ongoing management of the site. Dr. Orgeron stated that ITS would complete it
quicker than two weeks and would waive any of the charges.
Co-Chairman Taggart and Mr. Crawford discussed the need for a mechanism by which
employees and the public can privately communicate with the Task Force. It was suggested that
placing a page on the Governors already existing website may be more practical and accessible.
Co-Chairman Taggart introduced Aubrey Leigh Goodwin, with the Attorney Generals Office, to
speak on whether the Public Records Act allows confidential communication via the website.
After reviewing the Act along with state laws on Whistleblower Protection, it was suggested that
the Task Force add on to a website belonging to, and hosted by, a law enforcement agency (such
as the State Auditors Office, Attorney Generals Office, Ethics Commission, or PEER
Committee). This avenue would provide the most protection under the current statute with
regard to going before the Legislative Session and providing confidentiality to informants.
General Moore expressed a desire to discuss these matters with Marshall Fisher to get him
involved and establish an environment of trust. Co-Chairman Taggart stated that he would be
responsible for communicating with Mr. Fisher.
Contract Language and Disclosure of Consulting Agreements
Co-Chairman Taggart commented on the laws and requirements of lobbyist registration. There
are no such requirements for consultants/contractors to be identified when entering into an
agreement with a state agency. It was suggested that language be included in contracts to the
effect that the contractor agrees that he is not paying a consultant to perform services in the State
of Mississippi except those reflected in the contract, or that if he does, it would show up in an
appendix to the contract with a statement of how much is being paid. Co-Chairman stated that
this was for discussion by the Task Force.
Ms. Slaughter-Harvey suggested that the practices of other states be evaluated to determine
potential requirements.
General Moore supports the proposed requirements and believes that they will be a deterrent.
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Co-Chairman Taggart will follow-up with Monica Ritchie, Director of Purchasing and Travel for
the Department of Finance and Administration, and Drew Snyder, Deputy Counsel for Governor
Phil Bryant, who will be focusing on contract language and consultant disclosures.
Tentative Schedule of Benchmarks Attachment E
Co-Chairman Taggart presented a framework of deliverables to Governor Phil Bryant consisting
of: a preliminary report due December 31, 2014 (advising the Governor where the Task Force is,
what has been done to date and the contemplated course of work going forward); a framework of
legislative recommendations by January 12, 2015; a search for audiences with appropriate
legislative chairmen to present Task Force status and developments; and provision of a MidSession report to Governor Bryant by February 27, 2015, and final report and recommendation to
the Governor by June 30, 2015.
A draft for consideration by the Task Force will be discussed at the December 29, 2014 meeting
of the Task Force.
General Moore asked how the Task Force would actually work and how information would be
gathered (best and worst practices). He suggested that people be brought in that could provide
information to the Task Force as well as topics the Task Force could discuss. Ms. SlaughterHarvey suggested a thorough review of Commissary services in the Department of Corrections.
Chairman Taggart referred the Task Force to the two documents provided by ITS (Attachment F)
and the Personal Service Contract Review Board (Attachment G) regarding their processes.
Tentative Schedule of Meetings Attachment H
The next scheduled meeting is Monday, December 29, 2015 at 10:00 a.m. After that, meetings
will commence every two weeks on Fridays. It was also discussed that a new meeting location
will be chosen. Co-Chairman Taggart stated that he will work on the location.
Other Topics of Discussion
Drew Snyder discussed a spreadsheet (Attachment I) compiled of vendors for the Department of
Corrections (many of which were not registered through the Secretary of States Office). Ms.
Slaughter-Harvey asked if these companies are required to register with the Secretary of States
Office. Mr. Snyder stated that they are not. Ms. Slaughter Harvey stated that she believes it
should be a requirement that anyone coming to Mississippi to do business be required to register
with the Secretary of States Office.
Ms. Ritchie discussed a spreadsheet (Attachment J) compiled of current and historical data on
Department of Corrections contracts which list the type of contracts, type of services, provider
information, and the price authorized. She added that the majority of the contracts were food
related. Mr. Crawford asked how far these contracts go back. Ms. Ritchie responded that they go
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back to 2009. Co-Chairman Taggart stated that an arbitrary time period of 2009 was chosen, but
that more information could be compiled at the direction of the Task Force.
The question was raised as to whether information about the principals could be included. Ms.
Ritchie stated that some of that information is included on the spreadsheet that Mr. Snyder
provided, but that most of the information is not contained in the states accounting system.
General Moore suggested Rick McCarty and his staff join with Ms. Ritchie and the Department
of Finance and Administration to determine and provide information on the principals and
services in the MAGIC/Legacy reports. Co-Chairman Taggart directed Rick McCarty and his
staff to match up their data with the information provided by Ms. Ritchie to provide the Task
Force an idea of who the principals are. The contracts should be prioritized by dollars with
method of procurement.
Mr. Crawford stated that he had heard rumors of behavior that should have been red flags that
problems existed. He suggested that a financial review be performed along with an analysis of
the bid process. Mr. Crawford suggested that the bid process be available online in addition to
implementing the pre-notice of bids. He questioned how to strengthen the process without
making it too bureaucratic. He suggested posting notice in advance of the bid process. He stated
that a site is currently available that provides this information, but it is difficult to find. Mr.
Crawford also stated that the internal control process failed. Co-Chairman Taggart stated that the
system did what the system worked as it was designed, but that problems still occurred.
General Moore stated he believes providing more information about contracts would be
beneficial to the State because it would provide a basis for the discussion needed to address the
issues.
Adjournment
The Task Force on Contracting and Procurement in the Mississippi Department of Corrections
adjourned this meeting with the assignment of submitting topics of focus to one another and
preparing the draft of the Governors preliminary report. General Moore stated that he would like
to hear more from Rick McCarty with Mississippi Department of Corrections, to better assist
with recommendations. Ms. Slaughter-Harvey also requested that Deanne Mosley, Director of
the Mississippi State Personnel Board, appear before the Task Force. Co-Chairman Taggart
added that he would like Ms. Mosley to provide insight on the mechanical functioning of the
PSCRB on the premise that the members all have contracts that come before the board for
approval, where some more independent entity could be crafted to review those contracts.
Co-Chairman Taggart stated that for working purposes, he made note to have Rick McCarty
address the Task Force next time, that the Task Force would think of a way to dig deeper on the
Commissary contract issue, and to have Deanne Mosley address the Task Force on the Personal
Service Contract Review Board.
General Moore stated that another obvious representative to appear would be from the State
Auditors office.
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Co-Chairman stated that it was his understanding the MDOC internal audit was nearly complete.
Mr. McCarty confirmed that to be true. Co-Chairman Taggart requested that a copy of that be
provided to the Task Force upon completion for them to review.
Co-Chairman Taggart announced that the meeting was adjourned and that the next meeting will
be held Monday, December 29, 2014, at 10:00 a.m. The location is to be determined.

Andy Taggart, Co-Chairman

MDOC Task Force

Robert L. Gibbs, Co-Chairman

MDOC Task Force

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