3/20/2020 Hannon Law Group Mail - Critical Incident at the DC Jail - March 19, 2020 J. Michael Hannon Critical Incident at the DC Jail - March 19, 2020 1 message Ann-Kathryn So Thu, Mar 19, 2020 at 5:52 PM To: Quincy.Booth@dc.gov, lennard.johnson@dc.gov, Eric.Glover@dc.gov, paulette.johnson@dc.gov Cc: kevin.donahue@dc.gov, lindsey.maxwell@dc.gov, "J. Michael Hannon" , "Olubasusi, Benjamin R. (DOC)" Good afternoon, Today, March 19, 2020, at 0545, the Squad Leader (Sgt. Joseph Alexander) and the Team Leader (Sgt. Donald Graham) of the DOC's Emergency Response Team (ERT) were called in, and informed that a US Marshal at D.C. Superior Court tested positive for COVID-19. The two Sergeants were handed a list of 50 inmates who possibly came in contact with the US Marshal. They were ordered to extract the 50 inmates, and quarantine them in an empty cell block. They were ordered to do so using only face masks and gloves. Both Sergeants requested full body coverage (face shield, clothing coverage, etc.) as personal protective equipment (PPE), and were refused. Sgt. Alexander has personal knowledge that the items requested are in the Agency's inventory. Both Sergeants indicated they were uncomfortable performing the inmate extraction without proper PPE. The DOC Management representative, Deputy Warden for Operations, Kathleen Jo Landerkin, again refused to provide the equipment, and asked who on the ERT was also uncomfortable conducting the extraction with only face masks and gloves. Every member of the ERT responded positively. The ERT was ordered to conduct the extraction anyway. All did as they were told. At the time of the extraction, all 50 inmates were housed in general population, with other inmates. Sgt. Alexander asked if inmates with whom the 50 were housed should be quarantined, management told him only the 50 inmates were to be moved into the empty cell block. Those cellmates are still in general population. During the extraction, approximately half of the 50 inmates resisted being moved. All but one moved eventually without incident; however, one inmate spit in the face of one of the ERT officers, who was only protected by the face mask. The 50 at-risk inmates are being housed two to a cell in “quarantine” in an isolated cell block. The officer who was spit on, Hakeem Smith, has gone home. Immediately after the extraction, the two Sergeants were reassigned to a different unit (central cell block) and different shift (night) and their department phones have been taken away. In addition, they were removed from the ERT. They were told by Major Carlos Bivens that this was not a disciplinary action. The DOC management has created an unconscionable public health crisis, and almost certainly guaranteed and accelerated the rampant spread of COVID-19 within the DOC facilities and the communities in which the staff live. Ms. Landerkin directly put the lives of the officers on the ERT in imminent danger. She did so without regard for their personal safety or that of the inmate population. In addition to being callous and reprehensible, her actions are in obvious violation of several provisions of the Collective Bargaining Agreement and are arguably illegal. The Agency is following absolutely no appropriate guidelines with regard to the safe handling and treatment of the front line staff or inmate population. The 50 at-risk inmates are housed two to a cell in “quarantine” status. They were extracted from cell blocks where they were housed more than one to a cell, and required to participate in recreation and other group activities. All of this is in violation of the Mayor’s Order 2020-048: Prohibition on Mass Gatherings During Public Health Emergency - Coronavirus (COVID-19). In addition, when asked by the ERT officers if the inmates with whom the 50 at-risk inmates were housed originally also should be quarantined, DOC management refused. Management’s response was that if they were not on the list, they were to be left in their unit. https://mail.google.com/mail/u/0?ik=7a2ff56da2&view=pt&search=all&permthid=thread-f%3A1661630953474075703%7Cmsg-f%3A16616309534740… 1/2 3/20/2020 Hannon Law Group Mail - Critical Incident at the DC Jail - March 19, 2020 As if this public health crisis created by Ms. Landerkin was not enough, DOC management clearly retaliated against Sgts. Alexander and Graham for their request for PPE. At the time of the order reassigning them, they were told it was not a disciplinary action. Management can call it whatever they choose; however, it is clearly retaliatory. The DOC ordered staff into a life-threatening situation without the proper equipment, and retaliated against them for asking for the proper PPE. The PPE requested was not unreasonable; it was exactly what is being recommended throughout the industry and the nation for handling of infectious individuals. There is absolutely no justification for not providing this equipment, especially upon request and in light of the fact that it was on hand. This treatment will not be tolerated. I indicated in my email Request for Information sent earlier today to Eric Glover and Paulette Johnson that the Union’s priority was to protect the health and safety of the staff. We will take immediate and decisive action to do so in the face of the deliberate and dangerous actions taken by DOC management today. One such action is to file a group grievance for multiple violations of the Collective Bargaining Agreement. A detailed email will follow with the exact provisions that have been violated. Please consider this official notice. V/R, Ann-Kathryn So -Ann-Kathryn So HANNON LAW GROUP, LLP 333 8th Street, N.E. 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If the reader of this message is not the intended recipient, you are hereby no fied that you have received this message in error, and that any review, dissemina on, distribu on, or copying of this message is strictly prohibited. If you have received this communica on in error, please no fy us immediately by e-mail and delete the original message. https://mail.google.com/mail/u/0?ik=7a2ff56da2&view=pt&search=all&permthid=thread-f%3A1661630953474075703%7Cmsg-f%3A16616309534740… 2/2