Prison Appeals System--Part 2:
Alternative Methods and Problems, Bringing Complaints
Through The Mens' Advisory Council



In most prison systems there is some sort of formal liaison established between prisoners and staff or administration. For example, in California every institution is required by law (15CCR §3239 (a)) to have a Mens' Advisory Council ("MAC"). This is a committee formed of prisoners who have been elected by other prisoners to be their representatives in dealing with prison staff and administration regarding issues that affect groups of prisoners, or the prisoner population in general. It is not meant to deal with the problems of individual prisoners unless those problems also affect other prisoners (15CCR §3230 (d)). At one time it was considered an honor to serve on the MAC. It has since been perverted into the prisoner serving for personal gain. Typical politician mentality. For example, the MAC Chairman receives the highest inmate pay for his assignment as Chairman, and this is also a Work Incentive Training Program ("WTIP") assignment, qualifying him for all privileges and sentence time reduction credits available. (Department Operations Manual ("DOM") §53120.14)

The typical MAC organization consists of each housing unit electing a representative from each of the three main ethnic groups: Black, White, and Hispanic (15CCR §3230 (a)). Other smaller ethnic groups are also allowed to elect representatives based upon their population numbers (Ibid.), usually less than one per housing unit. This group of representatives from all the housing units on a "Yard" (See FN. 1.) meets and elects from among themselves an executive body, e.g., chairman, vice-chairman, secretary, treasurer, sergeant at arms. A typical parliamentary procedure makeup. Some institutions vary the procedure by electing the unit representatives and the executive body through a general population prisoner election. The only statutory requirement (15 CCR §3230 (c)) is that MAC members be elected by the prisoners, not picked by the administration. MAC terms run for one year--supposedly.

Once the MAC is established, the individual prisoners bring problems to their own housing unit MAC member of their same race. That MAC member then discusses the problem with the MAC representatives in that housing unit from the other races. If it appears to be a general problem, they collectively bring the problem to the attention of the MAC executive body. The executive body further investigates, and if they consider it a bona fide problem worthy of resolution, they will bring the issue to the attention of staff. Individual housing unit problems are usually addressed within that unit with or without executive body members being involved. Some problems between prisoners or groups of prisoners are often resolved without staff involvement. At least that is how it is supposed to work. However, like in government politics, prison politics are also corrupt.

Early problem discussion with staff are informal, and many minor problems can be resolved at this stage. If not, the MAC executive body if required by CDC regulations to meet with the prison administration no less than once each month (15 CCR §3230 (i)). This meeting is colloquially called the "Agenda Meeting." This because any item to be discussed must be placed within a written agenda (15 CCR §3230 (i)(1)), that is submitted a certain number of days prior to the scheduled meeting. This written agenda request must be sufficiently specific and detailed so as to allow a staff investigation of the issues, and thus allow the administration to be sufficiently prepared to discuss the issues intelligently and possibly resolve them at the meeting.

Like the regular Inmate Appeals System, the MAC concept looks good in theory, but it is often thwarted by staff and administration making it symbolic at best, often nothing more than a dog and pony show that appears to meet the statutory requirements. Unfortunately, many staff members consider the MAC to be a state mandated nuisance, and use it for show only. When a strong MAC happens to form, one which is actually demanding bona fide problems be addressed--this simply is not tolerated.

An example of such intolerance was the MAC executive body on the Lassen Unit of the California Correctional Center ("CCC") at Susanville, California, of which this writer was the executive body secretary. For agenda meetings, the executive MAC body was normally seated across a long table from an Associate Warden, Facility Captain, Lieutenant, Sergeant, and other involved ancillary staff. Non-substantial or non-demanding issues would be discussed amiably, whereas anything controversial or substantive would result in a verbal dressing down that unpleasantly reminded the MAC they were prisoners that should expect nothing. More than once the Associate Warden, a testy woman, virtually came across the table using the language of a mule skinner, and threats of Administrative Segregation for the MAC forgetting their lowly station in life as prisoners.

The administration's ire was not nearly as issue oriented as it was power oriented. By asking for changes they felt their power and authority was being challenged. It was their prison and who are the prisoners to want changes. If they don't like it, they shouldn't come to prison. The punitive mind set in California being one of oppression not concession.

If the MAC members do not heed these warnings, and back off substantive issues, and only bring agenda items which are non-substantive, for show only, fluff items, the administration will carry out their veiled threats and replace non-conforming MAC with another more conforming group.

This was what happened at CCC. The administration was unhappy with the MAC group of the time, and somehow drugs were planted in the MAC Office, and then found by staff who somehow knew exactly where to find them. This was, of course, the convenient excuse needed to fire the entire MAC leadership, and to place them on lockdown status. After testing free of drugs, they were eventually taken off of lockdown status and cleared of wrong doing, but were banned from further MAC participation. Moreover, based on the intensity and overt nature of this "warning," none of these MAC had any illusions about the personal dangers of continued or future involvement in MAC activities.

Because of the forced vacancies, the administration appointed some hand-picked replacements to fill the positions until regular elections could be held. Inmates whom they knew they could control and would not bring up real problems. After the next election, the cycle began again, the prisoners again elected representatives they believed would actually represent the other prisoners, and they were eventually again "gotten rid of."

CCC officials, being unenamoured with the MAC concept, used them for show only to meet statutory requirements; and to pacify prisoners, making them falsely believe they have a voice being listened to. The officials created a second group, more suited to corrupt staff needs, that they hand picked and appointed as "Yard Reps," consisting of racial group leaders and gang members, e.g., White Supremacists, Bloods, Crips, Sureños, Norteños, and the like. Staff issued them "Activity Cards," an I.D. card allowing them special access and privileges, and let them run the "Yard" like thugs. The only requirement being these thugs took care of certain troublesome or undesirable prisoners, and so so as covert agents of staff while providing staff with deniability. (See FN. 2.) It was organized crime operating within the prison walls being orchestrated by corrupt prison staff and being sanctioned or acquiesced to by prison staff and administrators. (See FN. 3.)

One of the corrupt staff involved in directly and ordering criminal activity was Lieutenant Raymond Collie, who was later terminated for "discourteous treatment of a subordinate and other failure of good behavior," after multiple charges of sexual harassment. Other involved staff accused of cover-ups have been relocated. (See FN. 4.)

Although it is unclear if the "Yard Rep" program still exists as it did in the 1990s, if at all. However, based on the plethora of prison abuses being reported by the media, there have probably been few changes. The subversion of the MAC concept and program, with the creation of "Yard Reps" that was done at CCC, should have raised concerns in the upper CDC administration. Instead, they took the position of denial even after being informed in writing by a member of the ACLU. (See FN. 5.) The lack of oversight and power corruption within the prison system allows these abuses to continue with impunity. (See FN. 6.) The problem is not limited to CCC. (See FN. 7.) The gang activity is not limited to prisoners, there is also gang activity by staff members. (See FN. 8.)

It is no longer considered an honor to serve as a MAC representative. Prisoners with any experience now consider it a dangerous "trap" to serve on the MAC, especially the executive body, as most of those who do serve end up in some sort of a "wreck" or trouble and disfavor from the staff, the other prisoners, or both. They essentially become caught in a "Catch 22" trap, a double bind, caught in the middle of a cross fire they cannot possibly survive totally intact. One of the sides--prisoners or staff--will always be resentful of some aspect of the representation.

Although not part of the official appeals system, and certainly not recognized as exhausting any of the appeals requirements before proceeding to litigation, complaints through the MAC do have their uses, and MAC groups have done a lot of good over the years in spite of the problems.

Political Prisoner Tom Watson
AT 054128-4, U-16
P.O. Box 7001
Atascadero, CA 93423


FOOTNOTES





FN. 1. "Yard." A colloquial term describing a group of housing units, usually five or six, that form a "Unit" which shares the same recreation yard and other support facilities. Usually a "Unit" is fenced off from other "Units" in the same facility. "Yard" can also refer to the recreation yard itself.
 

FN. 2. In the 1990s, several "Hits" or ordered assaults on inmates considered undesirables by staff were orchestrated by that staff, and carried out by the "Yard Reps" themselves or members of their gangs. These are well documented in CDC files and court records.
 

FN. 3. The CDC has been attempting to silence this writer for many years, including the May 18, 1997, staff orchestrated "Hit" or assault on myself, Tom Watson, where I was attacked from behind with a homemade "sap" which consisted of a large potato size rock inside a sock and which was swung as a weapon inflicting great damage. The resulting damage was a broken orbital socket and cheek bone, internal sinus and breathing passage damage, and loss of several teeth. In spite of massive amount of blood and bleeding from the mouth and nose for several hours, there was no medical treatment provided for several days. The only thing provided was a towel to bleed into and catch the blood.
 

This incident is still in litigation, and the State's main defense is a failure to exhaust administrative appeals remedy through the regular appeals system. This being caused by the medical incapacity which rendered me unable to file and pursue timely appeals. One appeal filed has not been seen after the informal level, even though it was resubmitted. A FAX transmitted complaint was filed on my behalf by a concerned citizen (See FN. 5.), and the court is presently considering whether this Citizen's Complaint will satisfy appeal requirements.
 

FN. 4. See the Sacramento Bee, June 6, 2001, pages B-1, 14, "Ex-guard awarded damages," by Denny Walsh. An article outlining a long history of abuse by Lt. Collie, and cover-ups by prison administration.
 

FN. 5. A FAX transmitted Citizen's Complaint was sent to Chief Deputy Director of Corrections, Edward "Eddie" R. Myers, on July 25, 1997, complaining of the assault on Watson and the subsequent lack of medical attention. This was acknowledged by Myers on August 11, 1997, with a basic denial claiming medical needs had been met. Of course, the CDC's own documentation shows differently. A second FAX was sent to Myers on August 17, 1997, with further details and accusations of the organized crime and gang activities operating at CCC and being sanctioned by staff.
 

FN. 6. The same inmate who swung the sap in the July 19, 1997, assault on Watson also attempted to murder another prisoner at High Desert State Prison in 2003, by slitting his throat from ear to ear with a homemade razor blade knife. This was a White Supremacist ordered "Hit" by the street and prison gang "Nazi Low Riders." This inmate, who has perpetrated at least two assaults with great bodily injury, has never been prosecuted for these assaults.
 

FN. 7. Staff usage of Inmate Representatives for thuggery was not limited to CCC. The following is a summary of one part of an incident that is the topic of Part 4 of this series on Inmate Appeals. For more details see that article.
 

At the California Mens' Colony ("CMC"), West Facility ("CMC-W"), the prison facility at San Luis Obispo, California, a Correctional Lieutenant sent the MAC Chairman (circa 1998), a Mexican gang member, and his followers, on missions to confront and threaten other prisoners who had filed formal appeals, and to thus dissuade them from pursuing certain appeals. In this situation, which is described more completely in "Part 4," a group or class action appeal involving numerous prisoners was filed. It complained of being given inadequate time (6 to 7 minutes) to eat meals. The case eventually ended up in court with the prisoners prevailing. This type of staff instigation, where one group of prisoners is sent on a staff mission to confront another group of prisoners, has historically been the cause of riots within the prison system.
 

FN. 8. Prison guards have also formed their own gangs, many of which have been exposed in media reports over the years, and with the lack of oversight in the California prison system, these prison guard gangs still exist. In the mid 1990s, there existed a White Supremacist gang of guards operating at CCC, and CDC officials were sued in court by a victimized prison guard who, because he was Jewish, was constantly harassed and threatened by this neo-nazi gang of prison guards. As part of the settlement, the neo-nazi guard gang members were separated and transferred. Over time most of them ended up back together at High Desert State Prison.

Political Prisoner Tom Watson
AT 054128-4, U-16
P.O. Box 7001
Atascadero, CA 93423


Part 3:  The Citizen's Complaint

 


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