Warden pauses militaristic training at Allegheny County Jail after board vote

Allegheny County Jail Warden Orlando Harper on Tuesday said that he has “paused” controversial militaristic training at the facility being offered by Joseph Garcia and his company, Corrections Special Applications Unit — a day after the Jail Oversight Board voted to cancel a no-bid contract with them.

Harper said at a news conference on Tuesday that he interpreted the language of the motion that passed the night before to prohibit “all” training at the jail — a notion that those who voted in favor of it said was “ridiculous.”

“The language is plain, it’s clear, it’s transparent, and it’s detailed so that any person can read this and understand what it means,” said Allegheny County Controller Chelsa Wagner, who sits on the board and voted in favor of the motion.

However, Harper said otherwise. During his public comment, he read the language of the motion: “The Jail Oversight Board prohibits Allegheny County, C-SAU, Joseph Garcia and /or any related entities from conducting any training of correctional officers or employees of the Allegheny County Jail.”

“Literally, the board has prohibited this facility from conducting any training of any officers and employees,” Harper said. “They did not limit this to the training that they raised concerns with but instead use irresponsibly broad language that prohibits me from training someone to administer medication, learn CPR or even bring new cadets into our facility.”

“It says I cannot do any training at all similar to Mr. Garcia’s training.”

Because of that interpretation, Harper said, he would not adhere to the board’s motion.

“I’m going to leave that decision to our law department,” he said. “I am still going to provide training, and de-escalation is going to be at the top of the list. We will continue any other training that I feel is necessary to make this place safe.”

When asked if he had spoken with county attorneys about the language of the motion, Harper said he had not. He also said he had not spoken to County Executive Rich Fitzgerald.

At Monday’s Jail Oversight Board meeting, the board voted 4-3, with one abstention, to halt the eight-week training program that Garcia was providing at the jail. The county approved a $300,000 no-bid contract in July, which called for training and the purchase of “less lethal” ammunition and weaponry, including shotguns that can fire rubber rounds or bean bag rounds.

Harper has said that the training and tools are necessary to counter a referendum that passed in the spring banning the use of chemical weapons, solitary confinement and the restraint chair. On Tuesday, he said the referendum impedes the ability of jail staff to do their job.

“The best practices available to correctional officers are the very same ones that are no longer available in Allegheny County beginning in December,” Harper said.

During his news conference, Harper called out the board members who voted to halt the training: County Councilwoman Bethany Hallam, community member Terri Klein, Judge Beth Lazzara and Wagner, saying that they “took these difficult circumstances even further — they voted in favor of the motion that further jeopardizes the safety and security of this facility, as well as people’s lives.”

However, Hallam and Lazzara both said the motion does not prohibit all training in the jail.

“That was not the legislative intent of the motion,” Hallam said.

Lazzara said that was “absolutely not” what the action was meant to be.

“We want training of people to know how to pass medication and de-escalate situations,” the judge said. “We would certainly not be barring anything that would improve conditions for incarcerated individuals.”

Klein said it is “unfortunate” that Harper interepreted the motion in that way.

“The warden has an extremely difficult job. The jails have become the de facto placement for severely mentally ill people who can have difficult and violent behaviors,” she said. “I am very invested in finding appropriate training for use in the jail in extreme situations.”

Klein said it is imperative that the warden and Jail Oversight Board work to find the next-best approaches to use when de-escalation fails.

“It is unfortunate many of use did not understand the consequences of the referendum banning pepper spray and the restraint chair,” Klein said. “Further research convinces me these techniques are the safest and most humane when used judiciously and as a last resort.”

Brad Korinski, legal counsel for the controller’s office who helped draft the motion, said following the news conference that Harper’s interpretation is wrong.

Instead, “and/or any related entities,” Korinski said, referred to any other companies associated with Garcia.

“This motion concerned Joseph Garcia, C-SAU and his methods,” Korinski said. “We were very purposeful not to tie the warden’s hands. That motion was directed to Joseph Garcia and C-SAU, because of Mr. Garcia’s background, the myriad of red flags surrounding Mr. Garcia and his companies, and the fact that he came forward with absolutely no evidence of his qualifications, curriculum vitae and where he’s worked.”

The board had asked at a Sept. 2 meeting for Garcia to provide a list of correctional facilities he’s previously worked for, as well as his own resume and background. However, he refused. He also did not attend Monday’s meeting that was specifically called to address his training methods — and instead sent a person who identified himself as C-SAU’s public information officer. That man, Jerry Baldwin, could not answer several questions posed to him by the board, including how many employees the company has or who is its legal counsel.

On Tuesday, Harper said he asked Garcia to attend Monday night’s meeting.

“I did ask him to attend, he decided not to come,” said Harper.

In a written statement, county spokeswoman Amie Downs said Harper has the administration’s full support.

“From the beginning of his tenure, the county executive has worked with the county manager to put experts in place to lead county departments,” she said. “They continue to rely on that expertise, and do not micro-manage their work. Warden Harper and the Department of Corrections are part of that approach. They are continuing to rely on the warden and his 33-plus years of correctional experience, as well as his track record of making improvements at the jail that have resulted in [American Correctional Association] certification, a reduction in the number of suicides at the facility, and continued efforts to reduce the population at the facility. Warden Harper continues to have the administration’s full support.”