CIRCUIT 6 JUVENILE JUSTICE
BOARD
MEETING MINUTES
Monday, January 24, 2005
Pinellas
County Board of
Board
Conference Room/Downtown Clearwater Courthouse
315 Court Street; Clearwater, Florida
DRAFT
MEMBERS IN
ATTENDANCE: MEMBERS ABSENT:
Statutorily
Required Members: Marion
Fleming, Circuit Court Judge
Bernie
McCabe, State Attorney, 6th Judicial Circuit Robert
Dillinger, Public Defender, 6th Judicial Circuit
Everett
Rice, State Representative
Jim Mills, Juvenile Welfare Board
Pasco
Council - Appointed Members: Lt.
Kathy Brown, Pasco Sheriff’s Office
Paul
McClintock Sheriff
Bob White, Pasco Sheriff’s Office
Mark
Phillips, Youth & Family Alternatives
Ben F.
Shirley, Dept. of Children & Families OTHERS IN ATTENDANCE:
Teri
Simpson, Big Brothers Big Sisters (late arrival) Pinellas Council Representatives:
Terry
Phayre, Pasco Sheriff’s Dept. (for Bob White) Jackie
Griffin-Doherty, Chair (late arrival)
Rev.
Bruce Wright, Presenter
Pinellas
Council - Appointed Members: DJJ
representatives in attendance:
Calvin
Harris, Pinellas County Commissioner, Chair Tim
Niermann, Circuit Manager
Martha
Lenderman Cathy
Corry, Partnership Coordinator
Browning
Spence, Juvenile Welfare Board (for Jim Mills)
Nancy
Zambito, Pinellas County Schools
1. WELCOME & CALL TO ORDER
Chair
Calvin Harris called the meeting to order at 2:05 p.m. after waiting a few
minutes for the potential arrival of Bob Dillinger.
2. ATTENDANCE; QUORUM COUNT
Members and
representatives completed an attendance log.
A quorum was determined.
3. APPROVAL OF MINUTES
Nancy
Zambito moved, seconded by Bernie McCabe, to approve the minutes of the regular
meeting of September 20, 2004. Motioned
carried unanimously.
4. PUBLIC COMMENTS
Calvin
Harris asked for comments from the public.
There were none.
Calvin
Harris then introduced guest Keti
Krekovic, a student at Gibbs High School who is participating in the
Executive Internship program.
5. JUVENILE JUSTICE COUNCIL REPORTS:
Pinellas Juvenile Justice Council – Jackie Griffin-Doherty,
Chair
In the
absence of Jackie Griffin-Doherty and at the request of Tim Niermann, Rev.
Bruce Wright gave the report of the Pinellas Council. He described an increase in membership that
has consisted primarily of community members, business owners, parents and
youth. He described that a lot of work
has been done on Outreach which has included three public community forums with
participation by youth and parents. There have also been changes in the
leadership positions on the Council.
Bruce Wright explained that the Community Needs committee has provided
data on gaps in service via surveys that included parents and youth. A special committee on Zero Tolerance policy
has been created by the Council. Bruce
Wright, Chair of this committee, would later be making a presentation about the
work of the committee. Tim Niermann noted that the Zero Tolerance committee
membership included John Feeney, who attended this Board meeting as a
guest. Tim Niermann added that the
Strategic Plan is scheduled for vote at the next Council meeting.
Jackie
Griffin-Doherty arrived later in the meeting and gave a brief report. She announced that the next meeting of the
Council is scheduled for January 27 and explained that this meeting will
include Circuit Board member elections and the election of new Council officers
for the recently vacated positions of Secretary and Parliamentarian. Jackie Griffin-Doherty reported that there
will also be a review of the Strategic Plan to determine whether to adopt the
Plan and she explained that she has already worked 20 volunteer hours this week
on finalizing the Strategic Plan. She
emphasized that her vision as Chair of the Council is to work toward”
proactive, healthy, solution-building approaches.”
Pasco Juvenile Justice Council – Mark Phillips, Chair
Mark
Phillips reported that the Council recently elected new leadership including
Mark, Scott Larson and Danielle Taylor-Fagan.
At the last meeting, the Council approved bylaws and also formed a Grant
Review committee. They are also working
on the Strategic Plan. The Council
decided to participate in Juvenile Justice Week this year, in March, and will
plan a turn-around award recognition event.
6. JUVENILE JUSTICE CIRCUIT
MANAGER REPORTS:
Department of Juvenile Justice Update – Tim Niermann,
Circuit Manager
Tim
Niermann explained that the Department is getting used to Secretary Schembri’s
leadership, and that the Secretary has two areas of particular interest: Zero Tolerance and minority
overrepresentation. The Secretary also
wants to make sure prevention is sound, although there is less money this year
for prevention grants. Tim Niermann
stated that the Governor has released his budget, but Tim Niermann said that he
hasn’t seen the details of the budget.
He noted that there is money for improvements & upgrades for
residential programs, as well as allocations for substance abuse treatment and
mental health treatment. Tim Niermann
said that the new Secretary has some alternative thoughts and that he places
heavy emphasis on up-front services and diversion, while the former Secretary
had a lot of emphasis on deep end programs.
Under the former Secretary’s administration, 300+ residential programs
were developed. A lot of high-risk
programs are closed, like the one in Largo.
There was discussion as to how the pendulum swings depending on who is
in charge; that it’s the same Department, they just keep changing the
name. Tim Niermann explained that one of
his roles is to visit legislators and he is waiting for direction from the
Department as to the message to deliver to legislators.
Department of Juvenile Justice Grant
Report – Pat McGhee, Prevention Specialist
There was
no report because of the absence of Pat McGhee
7. CHAIR COMMENTS
Chair
Calvin Harris noted that Bayside High School is now open. He emphasized the need to not label kids and
that we need to keep kids out of the system.
He said that just because a kid does dumb things does not mean that he
is a criminal.
8. OLD BUSINESS:
BYLAWS - Review/Revise
At the last
Board meeting, Bylaws were distributed for review and consideration for
revision. Tim Niermann noted that The Pinellas
Council is having their Board member elections soon, and suggested that it
might be prudent to wait to form a Bylaws Revision Committee until after the
new members are on board. Martha
Lenderman and Teri Simpson volunteered to be part of the Bylaws Review/Revision
Committee.
OFFICER ELECTIONS - Form Nominations
Committee for election of Chair & Vice-Chair
Calvin
Harris asked for volunteers for the Officer Nominations Committee. He suggested that 3 people could probably do
this. Bernie McCabe noted that elections
took place not too long ago and questioned why there was a need for another
election. Calvin Harris and Tim Niermann
explained the need for new elections in that Commissioner Harris’ term is up; he
has been in the position of Chair longer than is stipulated in the Bylaws. The Bylaws reflect a limit of two consecutive
one-year terms.
Bernie
McCabe then nominated Bob Dillinger (in his absence) to be a committee
member. Browning Spence nominated Jim
Mills (in his absence) to be Chairman of the Officer Nominations
Committee. Martha Lenderman said that we
need to move this along quickly. She
then read the applicable section of the Bylaws which stipulates that the
committee shall consist of at least one board member from each county council. Martha Lenderman and Teri Simpson volunteered
to be on the committee and to bring a slate of nominees to the April meeting.
9. NEW BUSINESS:
PRESENTATION - Pinellas Juvenile Justice Council, Zero
Tolerance Committee
Due to
technical difficulties with the video system in the board meeting room, this
presentation was postponed until after Board Announcements. See below, following Agenda item #10.
JUVENILE JUSTICE WEEK – March 20 to March 26, 2005
Pinellas
hasn’t decided; Pasco is working on turn-around awards to acknowledge youth who
have made substantial improvement in their program.
JUVENILE JUSTICE DAY AT THE CAPITOL
– Thursday, March 24, 2005
Department
has some events planned where the goal is to get the legislators ear and eye.
DJJ DETENTION COST SHIFT
The
Legislature had agreed to continue funding detention through June 30. They are looking at how to fund 90 million
dollars in detention services. Tim
Niermann explained that the law for the cost-shift (from the state to the
counties) was not passed appropriately.
This will be revisited in the Spring legislative session. Pasco County has already sent their money and
it is the understanding of Tim Niermann that Pasco will get a refund.
DJJ ANNUAL REPORT
Tim
Niermann suggested that at the April board meeting, a committee be formed to
prepare the Annual Report to the Department, which is due June 2005.
MEETING LOCATIONS for future
meetings of the Circuit 6 Board
The next
board meeting is scheduled for Monday, April 18, 2005. Meeting locations were not discussed.
There was
discussion on whether April 18 might be too late in the month to meet because
the board may need to participate in the DJJ Delinquency Prevention grant
approval process by giving final approval to the grants recommended by the
councils. Paul McClintock moved,
seconded by Mark Phillips, to empower the councils with this duty. Vote was
unanimous.
10.
BOARD MEMBER ANNOUNCEMENTS
Paul McClintock - stated that he has heard the name
of the Department of Juvenile Justice might be changed to the Department of
Juvenile Services, but said that he did not know anything further. Martha Lenderman thinks the name Juvenile
Justice is knee-jerk and said that she likes Juvenile Services better.
Ben Shirley – Department of Children &
Families is releasing the RFP (Request For Proposal) within the next week for
community based care. Current provider, through June 30, is Sarasota YMCA.
Martha Lenderman – Senate committee is working on a
bill with Senator Campbell regarding the Baker Act. She suggests that all members take a look at
this good bill which will get appropriate medications to children under
psychiatric care.
Paul McClintock – stated that the Pasco turn-around
breakfast in the past was provided by the Sheriff’s representative and hoped
they could assist again.
Browning Spence - JWB has been working with DJJ and
detention regarding first-time offenders and a plan for them that includes
follow-up; JWB has released the RFP to work with that population and will be
going to the Board in March with those recommendations. Board approved releasing the proposal and has
allocated $150,000 for the rest of this year.
The are now in the selection process.
The goal is to address the revolving door for a lot of kids.
Mark Phillips praised the Pasco programs PACE and
the Marine Institute. He said there was
discussion in meetings about having a DCF representative on the Council that is
involved in privatization and wonders whether it is worthy of proceeding with
requesting legislative changes regarding required Council representation.
Nancy Zambito stated she has enjoyed her service
on the Board as this is her last meeting in attendance as a Board member. Chair Calvin Harris thanked her for her
service and welcomed her to attend future meetings.
Teri Simpson stated that all of the site visits
for Big Brothers Big Sisters have been conducted by Pat McGhee and, to the best
of her knowledge, they are 100% in compliance with their grant from DJJ. She described how Pasco County is the first
agency to use high school students in the neighborhood programs. Pasco was the pilot; Hillsborough and Polk
counties are next.
PRESENTATION:
Rev.
Bruce Wright, Chair - Zero Tolerance Special Committee, Pinellas County
Juvenile Justice Council
Rev. Bruce Wright introduced himself as Chair of the special committee on Zero Tolerance of the Pinellas County Juvenile Justice Council. He described his background, including that he is the Associate Pastor of Solid Rock Church and Director of Refuge Ministries. He is a licensed addictions counselor, has worked as a substitute teacher, and has over 20 years of experience working with youth. He explained that the Zero Tolerance committee was comprised mostly of Council members that included parents and youth. He expressed his frustration, and that of other committee members, that the school system and the law enforcement community did not participate though much effort was made to request their involvement. He shared how representatives from the school system provided only criticism at Council meetings and offered nothing in the way of meaningful or constructive input.
Bruce then
gave an introduction to the next part of the presentation, a 10 minute
video-clip featuring excerpts of DJJ Secretary Anthony Schembri’s address to
the Statewide Juvenile Justice Circuit Board Chairs’ meeting on December 2,
2004 in Safety Harbor, Florida. The
excerpts shown were primarily statements made by Secretary Schembri in relation
to the issue of Zero Tolerance and included Schembri’s candid, and often blunt,
comments about youth who he believes deserve 2nd, 3rd and 4th chances; that
“this approach does not make us soft on crime, but smart on crime” and that
“we have to start taking the long view
about what we do.” Secretary
Schembri emphasized “I’m in a business where I don’t want the customer to
return”. He also stressed to the
Circuit Board Chairs’ the need to “talk to people other than yourselves;
talk outside of your circle.” He was
emphatic in stating that “Decisions are made by people who show up.” Secretary Schembri indicated that he has a
research office that has developed a white paper and he is meeting with the
DOE.
Bruce
Wright explained how the DJJ Secretary was speaking in similar language as the
Zero Tolerance Committee.
He then
quoted a portion of the law, FS 1006.13 “Policy of Zero Tolerance for Crime and
Victimization” and explained that PJAC (Pinellas Juvenile Assessment Center)
arrest data for 2004 shows that in Pinellas County some 64% of students have
been charged with offenses on school property that do not fit the parameters of
the statute. In the meantime less than 1% were for weapons charges, which was
the concern the policy was primarily enacted to address. In particular, a great majority of those
charged were for two charges: “Disorderly Conduct” and “Disruption of School
Environment” which are subject to broad interpretation and could be applied to
almost any behavior a particular school administration finds inconvenient. He shared how the American Bar Association
and two peer reviewed national studies by legal foundations, ‘The Impact of Zero Tolerance and other
Exclusionary Policies on Kentucky Students’ as compiled by the Youth Law
Center in Washington D.C., and ‘Zero
Tolerance: Is It Worth It?’ by the
New Jersey Education Law Center, have reached negative conclusions concerning
how this policy has been applied. Bruce
Wright shared how this policy has the potential to criminalize students for
normal childhood and adolescent behavior that in the past would have been
handled via “in-house” discipline by school administrators - such as, for
example, two students getting in to an argument that escalates into a fight, or
for unconventional forms of dress. In
regard to arrests made for drug charges, Bruce Wright shared how he as an
addictions counselor understood that treatment was better than criminalization.
He
concluded by summarizing the recommendations of the committee:
GOAL -
Reduce the number of arrests of children on school property by 50% by the end
of 2007.
STRATEGIES
-
At the county level, work in cooperation with the Pinellas
County School Board, public school administrators and School Resource Officers
(SRO's) to reduce the arrests of children by
1. Seeking
to limit the use of law enforcement as a means of discipline in public schools
and restoring public schools to the use of "in-house" discipline via
school administration.
2. By
re-definition of certain "delinquent acts and crimes" as
"childhood misbehavior."
3. Request
the school board re-evaluate the existing policy of "school-based
management" which leaves too broad a discretion to individual school
administrators in regard to the application of law enforcement remedies to
discipline problems.
At the state level, work in cooperation with Florida's
Juvenile Justice Boards and Councils to recommend to the State Legislature a
revision of F.S. 1006.13 to provide a more specific, less ambiguous definition
of the parameters of Zero Tolerance as applied to particular offenses and so
narrow the range of its application.
Tim
Niermann emphasized the missing components of these meetings; that while the
committee is working off national studies, they need additional information
concerning the local situation that could be supplied by school personnel and
law enforcement.
Nancy
Zambito explained that she gave a presentation to the Council concerning the
Zero Tolerance policy that was later characterized in an email as
“disingenuous.” She expressed her concerns about this characterization, and
therefore chose not to participate on the committee. She said that it is the
fault of lawmakers who put buzzwords in Statute. Zero Tolerance was to keep our schools safe
from drugs and guns and in Pinellas County that is the concept. She said
policies are imperfect and are implemented by human beings but that she doesn’t
think our philosophies are any different.
Rev. Bruce Wright attempted to respond to these remarks but was
interrupted by a motion to adjourn.
11. ADJOURN
At 3:25 p.m.,
State Attorney Bernie McCabe moved to adjourn the meeting. Ben Shirley seconded the motion to
adjourn. Jackie Griffin-Doherty then
explained to the Board that the presentation and recommendations of the Zero
Tolerance Committee have not been sanctioned by the Pinellas County Juvenile
Justice Council. When Rev. Bruce Wright,
still standing, continued to request more time to speak, Bernie McCabe stated
that he had to go teach a class. Without
requesting a majority vote for adjournment, Chairman Calvin Harris allowed the
meeting to adjourn. Some members
proceeded with adjournment by rising out of their chairs, while a few remained
seated. Cathy Corry stated that a vote
was not taken in order to proceed with adjournment. Paul McClintock responded that because
members were getting up and leaving, that this was the vote.
Minutes
prepared by Cathy Corry, DJJ Community Partnership Coordinator-Circuit 6