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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA
___________________________________
)
LASHAWN JONES, ET AL,
)
Plaintiffs; and
)
UNITED STATES OF AMERICA,
)
Plaintiffs in Intervention
)
)
v.
)
)
)
MARLIN N. GUSMAN, ET AL,
)
Defendants
)
Civil Action No. 2:12-cv-00859
___________________________________ )
Section I, Division 1
)
Judge Lance M. Africk
MARLIN N. GUSMAN,
)
Magistrate Judge Michael North
Third-Party Plaintiff
)
)
v.
)
)
THE CITY OF NEW ORLEANS,
)
Third-Party Defendant
)
___________________________________ )
INITIAL REMEDIAL ACTION PLAN
NOW INTO COURT comes Orleans Parish Jail’s Independent Compliance Director
Gary D. Maynard, and Sheriff Marlin N. Gusman, who respectfully submit the following
Supplemental Compliance Action Plan in accordance with the provisions of the Stipulated Order
for Appointment of Independent Jail Compliance Director (R. Doc. 1082).
Introduction
On December 15, 2016, a draft of the initial remedial action plan was submitted to the Court in
accordance with the Stipulated Order for Appointment of Independent Jail Compliance Director.
After further review from the Parties and additional research performed by the Compliance
Director, this submission represents a completed version of the initial remedial action plan that
will bring Orleans Parish OPSO into compliance with the Consent Judgement by October 1,
2017. This initial remedial action plan contains strategies and frameworks to achieve sustainable
compliance with all Consent Judgment requirements. Pursuant to the Stipulated Order, this plan
will be updated every 60 days to incorporate any substantive changes that the Compliance
Director determines are appropriate. The following items respond to the various components
outlined in the Stipulated Order.

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A.)

Strategies to decrease the number of inmate-on-inmate and inmate-on-staff assaults

Intensive Data Analysis and Corrective Actions: A full listing of all assaults that have taken
place in the jail in the last 18 months will be generated with data points that identify the time of
day, day of week, location in the jail, the demographic information for the assailant(a) and
victim(s), whether the assailant (or deputy/staff member) has been involved in incidents before,
the deputy or staff member involved in the incident (if applicable),the floor supervisor on duty
when the incident occurred, shift supervisor on duty, the nature of the assault, and any item that
may have been used as a weapon during the assault. The Compliance Director has had extensive
experience in reducing serious inmate-on-inmate assaults and serious inmate-on-staff assaults.
On a previous assignment, in a state whose prison and jail was considered to be one of the more
violent in the country, using this data analysis and corrective action technique, he was able to
reduce serious inmate-on inmate assaults by 46% and serious inmate on staff assaults by over
50% in a period of 3 years. We are currently analyzing this data and making staff and
operational adjustments, and a full analysis of this data will be performed prior to March 1, 2017.
For example in the 4th quarter of 2016, the number of inmate on inmate assaults at OPSO has
decreased by 24% compared to the number of assaults in the 3rd quarter of 2016. The full
analysis will be used to determine patterns of behavior or frequency of incidents and what factors
they may be based on. After March 1, 2017, staff resources will then be redeployed to address
any areas of concern that are identified by this analysis and ensure proper training for deputies,
staff members, and supervisory staff involved in all incidents.
Review and Strengthening of the Classification System: While staffing shortages at OJC
result in a high incidence of assaults and violent behavior, continued incidents of violence in the
jail may also be a product of errors in the application of the inmate risk level instrument.
Lieutenant Michael Holliday will continue to work with Dr. Patricia Hardyman in the continuous
review of the Classification system used by the intake and processing staff and make adjustments
as needed to determine the proper factors for considering the appropriate risk level of inmates are
being considered. Lt. Holliday will also continue to review the information from the security
level separation audits on a weekly basis. With proper classification being applied on the front
end, inmates who at higher risk to be involved in assaults can be better supervised so that
incidents of violence and be better prevented.
Coordinate with Outside Stakeholders to Process High Risk Cases Faster: Although the
Compliance Director has had preliminary meetings with stakeholders, he will continue to meet
with the District Attorney, Public Defender, and the Judges of the Criminal District Court &
Municipal & Traffic Court to identify those inmates who have been involved in multiple
incidents of assault on other inmates. This is to determine if such cases in all categories can be
expeditiously adjudicated through the Orleans Parish Court system. A Jail Population Facilitator
(which is discussed later in this plan) will also be hired in the coming months that will report
regularly to the Compliance Director on the status of such high risk cases.
Coordinate with Parole and Probation to Expedite Revocations: Similarly with high risk
cases, those who violate parole or probation conditions being held in the Jail awaiting their
revocation hearings should be expedited. The Compliance Director and Jail Population
Facilitator will work continuously with the Parole and Probation Office to ensure that
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revocations are being processed as expeditiously as possible. Current population figures of the
jail show that this represents between 40-60 inmates at any given time that are only awaiting
revocation hearings and not awaiting other charges in Orleans Parish.
B.)

Strategies to accomplish sustainable hiring measures, including emergency
measures if necessary

Hiring of an HR Professional to Manage Recruitment: The Director of Human Resources
(HR) position, which had been vacant, has now been filled as of January 3, 2017. The position
requires at least 6 years of experience in HR management, a bachelor’s degree in Human
Resources or related field, and an active membership in the Society for Human Resource
Management (SHRM). The HR Director will be under the supervision of the Compliance
Director and the Sheriff, and the person’s main focus will be to plan, direct, and manage the jail
personnel program and hiring strategy for the jail, while also handling agency wide
administrative functions. The HR Director will be responsible for development and
implementation of recruiting and retention strategies and programs and will work with the
current public relations firm that is under contract to promote recruitment, develop branding
strategies, and improve the image of the agency. The HR Director will also be responsible for
updating policies, procedures, and rules; as well as initiate corrective advice and/or disciplinary
measures when required. The HR Director will meet with other HR Directors in other Sheriffs’
offices to become acclimated to the HR Systems used by those jurisdictions, leverage completed
job descriptions, and research successful recruitment strategies. OPSO also has only one recruiter
on its administrative staff, and the goal will be to add one additional recruiter by April 1, 2017.
New Orleans Business Council Support: The New Orleans Business Council has agreed to
assist the Compliance Director with developing recruitment strategies that will be effective in the
Greater New Orleans area. They have been helpful to this point, of acquainting the Director with
resources and organizations in the City that have led to the utilization of the New Orleans Police
Department rosters of applicants for OJC recruitment of deputies and civilians, as well as making
available recruiting and personnel strategies that have been effective in their industries in the
Greater New Orleans area..
Recruitment from Civil Service Registry of NOPD Applicants: The New Orleans Police
Department (NOPD) has a registry of hundreds of applicants that have, at some point in the
process, indicated interest in being NOPD Recruits. The New Orleans Civil Service staff has
agreed to provide this list to the Compliance Director so that OPSO can reach out to those
applicants and determine if any would be interested in becoming deputies or civilian staff that
can work in the Jail. The HR Director and Compliance Director will work with the City to reach
to the appropriate applicants and maximize the available register by February 1, 2017.
Improved Use of Media Communication for Recruitment: Previously when job fairs were
organized by OPSO, there would be between 5-7 applicants who respond with interest. Recently,
a new strategy of using free television and radio public service announcements, combined with a
greater online presence, has resulted in more than 50 applicants from the most recent job fair that
was held. OPSO will continue to use this increased media profile throughout 2017 to generate
greater interest in filling deputy and civilian staff posts. In addition, the content and navigability
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of the OPSO website (www.opso.us) will be reviewed and by April 1, 2017, the website will
have web-based forms that can be filled out online to apply to become a deputy, rather than the
print out version that is currently being used. Finally, OPSO is currently under contract with
public relations firms whose scope of services will be re-tasked to become exclusively used for
promoting recruitment for the Jail. The new HR Director has been briefed on this strategy and
will begin work on this in the coming weeks.
Updated Pay Plans and Career Progression: Currently, hourly pay rates can vary across
individuals who share the same duties, tenure, and job title. Any proposed change to the pay
plan will impact not only new recruits to OPSO, but also current staff. Creating clear
expectations for job duties and career progression opportunities is essential to fostering a
professional working environment. Under the leadership of the HR Director, and in coordination
with the Financial Liaison from the City on jail budget matters, the pay plans for all staff will be
updated by April 2017.
C.)

Maintaining a positive, professionalized culture among all Jail staff

Change of the Mission Statement: The official mission for those working at the jail has been
changed to: protect the public, protect the employees, and protect the inmates. The key
component for the creation and maintenance of a positive, professional culture among all jail
staff is for all employees to fully understand what the mission is and how their role in the
organization helps to fulfill that mission. The employees and deputies that work in the Jail must
know that their safety is important, and rests in the middle of the mission statement. When the
deputies feel safe, they are in a position to provide more professional care and custody of the
inmate population. This mission statement will become socialized throughout the jail staff
beginning January 2017, and will become the cornerstone of all training efforts for new staff that
are recruited for the Jail.
Development of a new Vision Statement: Another main component of establishing a positive
culture is for those on the front lines to know what their leaders’ vision is for the future of the
organization. While obtaining compliance with the Consent Judgment is paramount, the vision
for where the OPSO can and should be in the coming years needs to be focused on more than
simple compliance. The Vision Statement of an organization is the sole responsibility of the
leader. It is not a statement that is staffed and must be agreed upon by the employees. It is the
Vision of the Director, in this case and must be formulated over time considering the history,
current status of the Jail, and what is determined to be possible by the Compliance Director. By
February 2017, the Compliance Director will have developed a new Vision Statement that will
also be socialized across the agency that will describe what high level of functioning is possible
for the organization.
Recruiting Goals Directed Above the Level of Minimally Required Positions: While there
will be many working for OPSO who will respond positively to the changes in culture that will
be introduced to the Jail, it should also be expected that there may be those who will not be able
to perform to the heightened professional standard that will be required of them. For this reason,
our recruitment goals will not be limited to simply filling vacant positions, but to hire above that
minimally required staff level, with the expectation that those who underperform will be
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terminated if they are not cooperative or effective, and replacement of staff will be needed. One
of the strategies that the HR Director will be responsible for developing by May 1, 2017, will be
to develop a performance assessment policy and implementation plan.
Emphasis on Community College Enrollment and Completion: A key strategy of improving
professionalism is increasing the educational attainment among the staff. The Compliance
Director has experience partnering with local community colleges and universities to encourage
staff to obtain their associates, bachelors, or masters degree in criminal justice. In addition to the
pay plan adjustment proposed above, tuition reimbursement programs and a pay incentive
program similar to what NOPD currently uses will also be explored. The Compliance Director
will make initial contact with the various educational entities by January 15, 2017, with the HR
Director following up to establish formal arrangement with those willing to participate.
D.)

Ensure adequate and effective staff presence and deployment throughout the jail,
including systems of oversight for overtime, leave, off-duty details and reserve
deputies

Fill Vacant Chief of Corrections Position: Currently, the Chief of Corrections position is
vacant and that role has been temporarily handled by Colonel Scott Colvin. However, that
position will be filled before the middle of February 2017. Once that position has been filled,
Col. Colvin will have the ability to develop improving training procedures for supervisors as it
relates to effective staff deployment throughout the Jail. The Compliance Director has met with
the newly selected HR Director to emphasize that hiring a Chief of Corrections is the top priority
and has established the goal for HR Director to have a candidate selected by February 1, 2017.
OPSO currently has multiple different shift schedules for various Jail operations, and the
incoming Chief of Corrections will research best practices to determine if changes to shift
schedules are needed by March 1, 2017.
Recruit to Staffing Levels Consistent with Best Practices: Staff levels that follow the
guidelines for determining shift relief factors as published by the National Institute of
Corrections (NIC) in Staffing Analysis – Workbook for Jail (2nd Edition) will be included in the
revised 2017 Jail Budget. Proper staffing will alleviate the need for excessive overtime hours,
which in addition to the financial cost, is an intangible cost of worker morale for continuously
have to work overtime each week. The appendix of this document outlines, for the first time, the
full time staff profiles for the various components of OPSO jail operations. This information has
been developed using NIC calculations and will be used to manage recruitment, staffing, and
training needs going forward. These analyses will be used for the purposes of determining
staffing for direct supervision facilities as well as all other facilities and operations that may be
applicable, including courts, transportation, etc. The staff numbers in the appendix are a
preliminary projection of staff requirement pending Rod Miller’s analysis, who is the OPSO’s
jail staffing consultant. This analysis began in September 2016 and Compliance Director has be
awaiting a report from the consultant to make comparisons and determine final staffing figures.
Systematic Review of Overtime Hours: By April 2017, the HR Manager of the OPSO will
complete a full review of all overtime hours incurred in 2016 and make recommendations to the
Compliance Director on how overtime hours can be reduced overall and to ensure that annual
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and sick leave are being used properly and that employees are not engaging in any “swap”
activities where employees collude to call in sick so that their co-worker can earn overtime time.
The Early Intervention System will be utilized to track, by individual deputy, the excessive use
and abuse of overtime hours.
Revision of Policy for Off Duty Details and Reserve Deputies: Previously, the policy was that
a reserve deputy who works an 8 hour shift during a month in the Jail made a reserve deputy
eligible for up to 4, 8 hour shifts during the same month. This was effectively a 1 to 4 ratio, and a
time when manpower is short, this policy is no longer acceptable. Effective November 2016, the
policy for reserve deputies who wish to continue working off-duty details must work an equal
number of volunteer hours in the OJC facility to the number off-duty detail hours that are
worked. Failure to adhere to this policy will result in reserve deputies losing eligibility in the offduty detail program. In addition to this policy change, a full review of the OPSO detail policy
will be conducted to determine if changes need to be made to improve the fairness of the system.
E.)

Timely completion of critical policies and procedures

Originally, there were 119 policies that were identified for revision or development at OPSO in
order to comply with the Consent Judgment. The work to complete revisions of these policies
will be led by Captain Bryan Peters, the primary point of contact for managing Policy &
Compliance documentation at OPSO. The graph below demonstrates the rate of past progress for
the completion or revision of policies and procedures at OPSO since 2014:

OPSO Policy Development Progress
(2014 - 2016)
140
120
100
80
60
40
20
0

Total Number of Policies to Revise/Complete
Cumulative Policies Approved or Under Revision
Total Drafts Under Review or Awaiting Approval
Total Policy Revisions Completed & Approved

As of December 2016, there have been 60 critical policies revised and approved, while 51
critical policies revisions are still in draft form either pending review or approval. There are 8
critical policies that have not begun the revision process. Over the next 3 months, all 8 of these
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remaining policies will begin the revision process. Over the next 9 months, OPSO staff and
contracted support staff will complete the revision process for all remaining critical policies
based on the projected plan below:

OPSO Policy Development Plan (2017)
140
120
100
80
60
40
20
0

Total Number of Policies to Revise/Complete
Total Drafts Under Review or Awaiting Approval
Total Policy Revisions Completed & Approved

All critical policies identified for the Consent Judgment will be developed, revised, and fully
completed by October 1, 2017. The number of days to complete or revise a policy once its
development has been authorized by the Compliance Director will be no more than 60 days so
that all policies can be developed and approved according to schedule above.
In addition to these critical policies, OPSO has also identified an additional 45 non-critical
policies that have also been identified for revision. Of these, 4 have been completed, 26 are
currently under revision, and 15 have not begun the revision process. Over the next 3 months, all
15 of these remaining policies will begin the revision process. Over the next 9 months, OPSO
staff and contracted support staff will complete the revision process for all remaining policies
that have been identified.
F.)

Ensure staff receive adequate training on policies

Training Curriculum Development: Capt. Peters will review each policy or procedure that is
approved. Capt. Peters will work with Col. Colvin and Lt. Navarro to determine whether the
training required would take place in a classroom, during roll call, or if it can be part of required
annual online training. Training curriculum will developed by Lt. Navarro as policies are being
developed so that when policies are approved the training on those policies can be implemented.
By March 2017, an official policy will be implemented that sets the process for creating new
curriculum and will also achieve a 100% staff training rate in a timely fashion.

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Achieving POST Certifications for All Eligible Deputies: Deputies that serve in the Jail for
more than 1 year and receive Peace Officer Standards & Training (POST) certification are
eligible to receive a $6,000 annual supplement to his/her salary funded by the State of Louisiana.
There are 97 recruits who have been working in the jail for more than a year, but have yet to
complete POST certification and do not receive state supplemental pay. In addition to training on
policies and procedures of the Orleans Parish Jail, by July 2017, all deputies will receive POST
certification so that all will become eligible to receive state supplemental pay upon completing 1
year of service at OPSO. Once all deputies are certified, the hiring, academy process, and POST
certification will take place automatically in the proper time and sequence so that every deputy
hired will be certified at the end of the first year and be eligible for the state supplemental pay.
G.)

Ensure that direct supervision is consistently enforced throughout the jail, making
certain that there are staff physically present on every tier in the jail;

Incremental Implementation of Direct Supervision Procedures: Currently, compliance with
direct supervision model is not possible in all units due to inadequate number of trained staff at
OJC. Training of staff on the appropriate methods of direct supervision must take place before
deputies can be expected to adhere to direct supervision standards. Before the end of July 2017,
all staff will be appropriately training on direct supervision procedures. As sufficient level of
staff become adequately trained enough to fill a given tier of the facility, that direct supervision
method will be applied for that tier, and inmates will be returned from out of parish. As more
staff is trained in direct supervision, the remaining tiers will come online, and the remaining
inmates will be returned, until the full force compliment of OPSO has been fully trained.
H.)

Prevent undue reliance on cell confinement/lockdown throughout the jail for all
populations;

Enforcement of ACA Standards: OPSO follows the American Correctional Association (ACA)
defined standards on the number of hours per day that inmates are allowed to circulate outside of
cell confinement. Given space requirements and the security risk level of the inmates, however,
for medium-high and high security units allowing more than 30 inmates to circulate when there
is capacity for 60 inmates poses a risk to staff. Given the behavior of inmates and the “keepseparate inmates” it may not be safe for all inmates of a given pod to circulate together. In units
of lower security it is possible for all inmates of a pod to circulate together. Use of the exercise
yards for additional circulation capacity has been a normal practice, however, inclement weather
can prevent the use of the exercise yards, which can result in populations in some tiers who were
originally scheduled for circulation not being released from confinement. The number of inmates
out at any given time is contingent on the unit and the situation; however, ACA standards on
confinement and recreation are being followed currently and will continued to be followed and
enforced going forward. OPSO will review its policies and procedures by March 2017 to ensure
all populations are circulated for equal amounts of time per ACA standards.
Appropriate Use of Lockdown Procedures: While lockdown procedures may be appropriate to
manage incidents of violence or disturbances in the Jail, OPSO Jail Management will use
lockdown procedures only when necessary, and will work to return to normal operations as soon
as possible so that inmate morale is not negatively impacted or inmate/staff relationships are not
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impaired by long or continuous periods of confinement. In addition, OPSO will not use
lockdown procedures as a punitive measure of class punishment for entire tiers or the entire OJC
facility.
I.)

Strategies to return inmates housed outside of Orleans Parish in a timely fashion

Hiring of a Jail Population Facilitator: The MacArthur Foundation has awarded a Safety &
Justice Challenge Grant for the City of New Orleans so that the OPSO can hire a Jail Facilitator
to assist with the management of the jail population. The Jail Population Facilitator will be hired
by the end of February 2017. The position will be responsible for reporting to the Compliance
Director the status of all inmates under the custody of the Orleans Parish Sheriff’s Office,
whether they are housed inside or outside of Orleans Parish. Among other responsibilities, the
Facilitator will ensure that inmates whose court dates are imminent are returned to Orleans
Parish promptly to be adjudicated.
Activation of TDC Facilities: The Temporary Detention Center (TDC) facilities can be
activated to house any overflow needs that may arise from insufficient space at OJC. Upon
review of the jail population projections provided by JFA Institute, approximately 200 beds
within the TDC facilities can be activated to house overflow of low and low-medium risk
inmates as an alternative to housing them out-of-parish. City engineers have assessed the facility
and agree that two of the four buildings can be brought online for this purpose, and are
evaluating the schedule and cost of completing such a project. As the population continues to
decrease over time, use of the TDC facilities will be incrementally discontinued; one building at
a time, until all TDC facilities are closed. If population trends continue on their current direction,
it will be possible to house all inmates under the custody of OPSO at facilities in Orleans Parish
and eliminate the need for out-of-parish facilities.
Youthful Inmates Moved out of OJC: At any given time, there are between 10-20 youthful
inmates that are being housed at OJC awaiting adjudication in the adult court system. These
youth are placed into a single pod with capacity for sixty 60 inmates, resulting in a loss of
capacity of between 40-50 beds. The long term plan for youthful inmates will be to move them
all to the Youth Study Center (YSC) after its expansion is completed. However, in the interim,
OPSO is coordinating with other jurisdictions in the immediate region to determine if they can
be moved to juvenile facilities instead of having them remain at OJC. If they are moved to other
parishes, it is imperative that an expert in youth housing, security and programs be retained by
February 1, 2017 who will follow and monitor the youth, ensure proper classification and
segregation within OJC, as well as maintain contact with them if they are housed in OJC or in
other facilities while awaiting the completion of the Youth Study Center modifications. This
expert will also coordinate with the Youth Study Center staff relative to determining which
programs that are provided to youth at YSC can be provided at OJC. If sufficient space for the
youthful inmates can be identified in out-of-parish juvenile facilities, it can free up the capacity
that is being lost due to housing the youth at OJC, and allow for more inmates who are being
housed out of parish to be returned to Orleans Parish.
Data Sharing and Adherence to Jail Population Reduction Strategies: OPSO will continue
to actively participate in the Criminal Justice Council and its Jail Population Management
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Subcommittee’s efforts to reduce the overall population of the Jail, which will free up capacity at
OJC and allow for out-of-parish inmates to return to Orleans Parish. The new Jail Management
System (JMS) that will be procured by OPSO will also have the ability to track the daily
populations and classifications of inmates. Data reporting from the JMS will be provided to the
Criminal Justice Coordinating Council to assist in their effort.
J.)

Ensure inmates placed on suicide precautions are adequately monitored, evaluated,
and treated;

Oversight of Medical Contract: By the end of February 2017, OPSO will hire a professional
staff member with specialized experience as a medical professional to serve as a full time
performance and compliance monitor for the medical and mental health services provider. This
individual will report to the Compliance Director and ensure that performance of the vendor can
be adequately supervised and managed. Among the primary responsibilities of this individual
will be to establish and enforce and audit process to ensure inmates are being provided adequate
treatment to prevent suicides.
Implementation of a New JMS: OPSO is currently in the process of finalizing a contract for
procurement of a new jail management system (JMS) that will replace the current system that
was built on an antiquated AS/400 architecture. The current system is costly to maintain and
extracting data from it is labor intensive. Migrating over to a new JMS will give the OPSO a
much greater ability to manage the mental health and medical needs of the inmate population and
determine proper deployment of staff resources to monitor, evaluate and treat inmates. The JMS
will facilitate the medical contract monitor’s ability to perform medical audits with the goal of
ensuring inmates placed on suicide precautions are adequately monitored, evaluated, and treated.
OPSO will retain a project coordinator familiar with jail and prison operations to supervise the
installation and migration of historical data to the new JMS.
K.)

Strategies to reduce incidents of suicide and self-harm

Engagement of Expertise: There are experts in the country who work specifically with suicide
prevention and staff training relative to identifying potential inmates. The Compliance Director
has had experience with such experts and has been personally involved in reducing the number
of suicides in several jurisdictions. An expert will be retained no later than March 15, 2017 to
evaluate the current procedures and practices, and will recommend possible policy changes and
related training. Subsequent to the expert’s assessment and report, policy will be developed,
approved and trained to deal with this important issue.
Implementation of a New JMS: The new JMS will have the ability to track and follow up on
grievances filed by inmates on a current basis. Data reporting from the JMS can be generated
that will meet the criteria of the Consent Judgement and provide operational information that can
be acted upon by Jail Management.
L.)

Strategies to ensure that inmate grievances and incidents of harm to inmates and
staff are thoroughly and fairly investigated in a timely manner

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Grievance Coordinator: OPSO currently has in place a grievance coordinator that uses an
electronic system of monitoring and tracking grievances that are filed by inmates. Data is
reported out to management staff and the Court Monitors on a regular, sometime daily, basis and
so that critical issues can be identified, thoroughly investigated, and oversight over the process
can be enforced.
M.)

Strategies to ensure that any staff use of force is appropriate and all uses of force
are accurately recorded

Complete Training on Use of Force Policy: Over 95% of deputies and supervisors have
completed training in the updated use of force policy and procedures. Deputies are required to
report incidents to their supervisor, which are then reduced to writing to the Administrative
Warden of the facility for review. The Warden then gathers all required documentation and
submits it to the Force Investigative Team for Review. Training on this process will be
completed for all remaining staff by the end of January 2017. For all new staff that will be
recruited in 2017, the updated use of force policy will be part of their in-service curriculum for
initial training.
Use of Force Investigative Team (FIT) Review & Review Board: As part of the updated
policy on the use of force, OPSO has created a Review Board who meets on a monthly basis to
review all incidents and recommend actions to be taken. The Chair of the Board is the Asst.
Chief of Corrections (Col. Colvin). Additional voting members of the board are the Supervisor
for Policy (Capt. Peters), the Administrative Warden (Major Carlos Louque), Director of
Classification (Lt. Holliday), Director of Field Operations (Colonel Melvin Howard), and the
Director of Training (Lt. Navarro). In attendance, but not voting members are the Director of
Investigations, the ISB Commander, the IAD Supervisors and the Use of Force Supervisor.
Meetings of the Board are recorded and submitted to the Court Monitors for review on a monthly
basis. In addition, the incoming Chief of Corrections would also participate in Board
proceedings. The Compliance Director will review the membership of the Board to determine if
additional members may be needed.
N.)

A plan to ensure the Early Intervention System is effective

Development of Additional Metrics for Measurement: Currently the Early Intervention
System (EIS) only tracks a single metric, instances of use of force in a given time period. In
comparison, the NOPD recently launched its Insight program to monitor officer performance that
includes 18 different metrics for evaluation. By the end of May 2017, the OPSO will develop an
expanded use of the EIS to include additional metrics to track deputy performance in the Jail
beyond use of force instances, such as overtime use, detail hours worked, leave hours taken, etc.
The Administrative Warden of the Jail will review EIS data on a daily basis and provide
summary reports to the FIT Review Board, HR Director, and Compliance Director of any critical
issues as necessary.

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O.)

Strategies for maintaining acceptable sanitation and environmental conditions

Increase the Number of Trained Sanitation Deputies: Due to the shortage in available
security staff, the number of deputies assigned to Sanitation duties has been reduced
substantially. With a renewed focus on recruitment for the Jail, the number of deputies will
increase and more deputies will be trained to handle sanitation duties to maintain acceptable
sanitation and environmental conditions in the Jail. Emphasis in the training program will be
placed on using the correct chemical and or materials to maintain acceptable conditions and
preserve the useful life of the facilities, as well as the importance of securing chemicals so that
inmates do not have access to them.
Renovation of the Docks: The Docks represents a transfer and holding facility for inmates
awaiting court appearances. Given the current deteriorated conditions of the Docks, it is neither
safe nor does it allow for timely processing of inmates for their court appearances. A contract for
design of the Docks Renovation is now moving forward. Once the construction is complete, the
use of the Docks facility will be restored, with all life safety, security, and environmental
problems resolved. Design services for this project have been procured by the City design and
construction documents are expected to be delivered in the second quarter of 2017. The
Compliance Director is scheduled to meet with the City Facilities Manager to review project
requirements.
P.)

Strategies for ensuring the disciplinary system is effective and affords inmates due
process

Updated Policies and Procedures on Discipline Have Been Implemented: OPSO now has a
full time Disciplinary Officer to handle all investigations and hearings involving inmate
misconduct in the Jail. Hearings are held and disciplinary actions are resolved within 72 hours of
incidents occurring. Inmate advocates or witness are available for the inmates to assist in
preparing a defense if requested. Data on hearings and disciplinary actions is used to reclassify
inmates as necessary, and to identify inmates with multiple disciplinary actions. Dr. Patricia
Hardyman and Lt. Holliday review classification summaries on a monthly basis to ensure that
time frames are being met and follow up on reclassification is completed.
Implementation of a New JMS: The new JMS will have the ability to track and follow up on
inmate disciplinary actions and proceedings. Data reporting from the JMS can be generated that
will meet the criteria of the Consent Judgement and provide operational information that can be
acted upon by Jail Management.
Q.)

Strategies to ensure the implementation of budget control measures and competition
in procurement, including but not limited to a process to ensure regular
communication between the CFO for the Jail and financial liaison for the City

Development of a Five Year Budget Model: The City has contracted with Public Financial
Management (PFM) to assist the Compliance Director, the Sheriff, and the CFO of the Jail with
the development of a 5 year budget model that will be used to develop future appropriation
requests from the City. The Financial Liaison for the City is directing the efforts of PFM and is
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in direct coordination with the CFO for the Jail and the Compliance Director to gather all
financial, operational, and personnel data that is required to develop realistic assumptions and
program goals so that future budget requests will be predictable, steady, and sufficient to provide
for all operations of the Jail without the need for mid-year supplemental appropriations.
City Attorney Review of Cases Requiring Legal Settlement: Beginning January 2017, all
legal counsel for OPSO will be required to either include the City Attorney’s office and the
Compliance Director in negotiations for legal settlements or submit all negotiated settlements to
the City Attorney for review and Compliance Director for approval prior to any settlement being
authorized.
Budget Working Group Quarterly Meetings: The Budget Working Group, chaired by
Tommie Vassel, will continue to meet every quarter during 2017 to ensure regular
communication on all budget issues among the members. The Budget Working Group which
consists of three representatives from OPSO, three representatives of the City, and the Chair. The
current Group Members that attend are Councilmember Jason Williams, CFO of the Jail Sean
Bruno; Comptroller of the Jail, Elizabeth Boyer; the Chief Administrative Officer of the City,
Jeffery Hebert; the Financial Liaison of the City, Eric Melancon, and the Compliance Director.
As part of these meetings, OPSO will provide to the Group detailed accounts of personnel costs
and spending on materials, supplies, professional services, etc. that have been incurred
throughout the year.
Review of Procurement Practices: By the end of April 2017, a full review of OPSO’s
procurement practices for all professional services will be completed by the Compliance Director
and recommendations on improved policies will be developed and implemented. In the latter half
of 2016, there have been two high value Requests for Proposals (RFPs) (for food services and for
a new Jail Management System) that have involved selection committees that bring together
stakeholders from within the user departments of OPSO and representatives from the City of
New Orleans. These procurements have been successful in providing transparency in the
procurement process and represent a sound policy that can be implemented for future
procurements above a certain dollar threshold. The current policy at OPSO for all purchasing of
goods and non-professional services is to conduct an Invitation for Bid Process to determine
technical compliance and assurance that the lowest price is awarded. OPSO follows both state
and federal law and regulations on purchasing, and when state and federal requirements conflict,
OPSO adheres to the more stringent policy.
Implementation of New Accounting System and Financial Audit of the Agency: By February
2017, a solicitation will be issued for a new accounting system for OPSO. During that migration
process, which will take 12-18 months, the agency will also undergo a full financial audit of all
revenues and expenditures to ensure proper accounting practices are being upheld and that
proper financial controls are put into practice under the new accounting system that will be
adopted. The audit will also include a review of the inventory of all materials, assets, equipment,
and vehicles, which are owned by OPSO and all policies surrounding their management. An
auditor will be put under contract for this work no later than April 1, 2017.

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Full Review and Cost Analysis of all Legal & Professional Services Contracts: By May
2017, the Compliance Director will have reviewed all legal and professional services agreements
at OPSO and make determinations on whether services are cost effective and provide appropriate
services for the agency.
R.)

A framework for comprehensive analysis of all individuals on OPSO's payroll and
strategies to address the staffing deficiencies outlines by the Monitors' reports

Review and Update of Current Rates of Pay: By the end of February 2017, the Compliance
Director, in partnership with the CFO of the Jail, Financial Liaison of the City, and the team
from PFM developing the budget framework, will conduct a full review of all rates of pay for
current personnel. As previously mentioned, hourly pay rates can vary across individuals who
share the same duties, tenure, and job title. The recommendation will create clear expectations
for job duties and career progression opportunity which are essential to fostering a professional
working environment that is better able to retain staff. The Compliance Director will have
completed a full review of the current pay structure for deputies and recommend a feasible
update of the pay plan. Given budgetary constraints, it is most likely that any update of the pay
plan would need to be phased in over a 3 year period. In addition to the pay plan, a full review
over the operational shift schedules of the Jail will also be completed by March 1, 2017 by the
Chief of Corrections.
Achieving POST Certifications for All Eligible Deputies: As previously mentioned, there are
currently 97 recruit who have been working in the jail for more than a year, but have yet to
complete POST certification and do not receive State supplemental pay. Once certified, these
deputies will earn an additional $6,000 per year.
S.)

Maintaining an organization chart and job descriptions that reflect an organization
structure that adequately support the jail.

Update of All Job Descriptions: By the end of May 2017, the HR Director will have completed
a full review and update of all job descriptions to coordinate with the updated pay plan for the
staff. Descriptions will be developed for general job titles and separate descriptions will be
developed for specific postings in various departments in Jail (such as OJC Security, Intake &
Processing, Transportation, Perimeter Security, etc.).
Maintenance of Organizational Chart during Service of the Compliance Director: While
the position of the Compliance Director is active at OPSO, the organizational structure of jail
operations will be as outlined in the appendix of this document.
Review of all Administrative Functions at OPSO: A full review of all positions that support
agency-wide administrative functions within OPSO will be conducted and completed by the HR
Manager no later than April 1, 2017, in order for the Compliance Director to make
determinations on whether certain administrative functions need to be consolidated.

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 Case Document 1105 Filed 01/04/17 Page 15 of 169

Respectfully submitted,

Marlin N. Gusman

Sheriff

Orleans Parish Sheriff?s Of?ce
2800 Perdide St.

New Orleans, LA 70119
Tel: 504.679.6414

 

law

Gary D. aynard 
Independent Compliance Director
Orleans Parish Jail

2800 Perdido St.

New Orleans, LA 70119

Tel: 504.493.2895

Case 2:12-cv-00859-LMA-MBN Document 1105 Filed 01/04/17 Page 16 of 169
Appendix:
Organizational Chart of the OPSO Criminal Division During Compliance Director Tenure

Orleans Parish
Sheriff

Compliance Director

Administrative Functions

Chief
Administrative
Officer/Chief
Financial Officer

Security Functions

Director of
Human
Resources

General
Counsel

Payroll

Legal
Services

Chief of Corrections

Chief of Security
Comptroller
Accounting
Planning and
Grants
Purchasing &
Procurement
Admin
Services

Admin
Support
Services

Public
Information
Risk
Management

Administrative
Warden

Greviances
Environmental
Health Services

Inmate
Services

Reserves

Transportation

Kitchen

Operational
Warden
Orleans Justice
Center (OJC)
Laundry
Services

Intake &
Processing
McDaniels
Center
Temporary
Detention Center

Chief of
Investigations

Court Security
& Field
Operations

Director of
Facility
Management

Internal
Affairs
Divisions

Docks

Central
Maintenance

Investigations
Division

Subpoenas &
Capias

Force
Investigation
Team (FIT)

Criminal
District Court

Intelligence

Municipal &
Traffic Court

Support Units

Mechanic
Shop
Warehouse

Training
Academy

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