USA, et al v. Commonwealth of PR, et al

Filing 1749

ORDER Regarding Staffing Compliance and Supervisory Positions. Signed by Senior Judge Francisco A. Besosa on 4/26/2022.(MMW)

Case 3:94-cv-02080-FAB Document 1749 Filed 04/26/22 Page 1 of 5

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF PUERTO RICO

UNITED STATES OF AMERICA,
Plaintiff,
v.

Civil No. 94-2080 (FAB)

COMMONWEALTH OF PUERTO RICO, et
al.,
Defendants.

ORDER REGARDING STAFFING COMPLIANCE
AND SUPERVISORY POSITIONS
The Court held a Status Conference on Wednesday, April 20,
2022, in the Old San Juan Courthouse including the Parties, the
Monitor, and various officials from within the Department of
Corrections and Rehabilitation (DCR) and other state agencies.
The

agenda

included

a

discussion

of

DCR’s

ongoing

non-

compliance with having adequate staffing resources, including
vacant officer positions and supervisory staff.
YOUTH OFFICER VACANCIES
Monitor

Kim

Tandy

reported

she

requested

a

plan

from

Mr. Víctor Torres, the NIJ Director of Regional Programs, after a
30-day period, due on April 9, to address how the agency would
come into compliance with a sufficient number of officers to keep
youth safe, and to comply with required staff/youth ratios.

She

also requested that this plan provide an analysis of why the agency

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Civil No. 94-2080 (FAB)

2

has been unable to adequately staff its remaining two facilities
for the last few years, and how DCR will ensure that adequate
staffing levels are maintained once achieved.

Monitor Tandy noted

that while the plan contained information on current recruitment
efforts, it does not examine DCR’s current policies and practices
which have failed to adequately address the problems since December
of

2018

when

the

closure

of

Humacao

was

announced,

and

the

challenges DCR faces with hiring and retaining staff in the current
job market.

The Monitor also stressed that if DCR cannot hire and

retain an adequate number of officers to keep youth safe, without
significant reliance on double shifting, it must determine what
alternative plan(s) it will employ in order to comply.
Accordingly, it is ORDERED that:
1.

Mr. Víctor Torres-Rodríguez shall prepare and resubmit

a plan for staffing and staffing retention to the Monitor, the DCR
and

the

United

States

Department

of

Justice

(USDOJ)

which

identifies the current, past and anticipated future obstacles to
adequately hire and retain sufficient staffing levels to reach
compliance, and how those barriers will be overcome to prevent
further

cycles

of

staffing

include

other

alternatives

non-compliance.

This

to

staffing

the

current

plan

shall

levels,

including an analysis of possible downsizing, and the legal,
economic, community factors which need to be considered.

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Civil No. 94-2080 (FAB)
2.

3

To assist Mr. Torres with this plan, Monitor Tandy shall

provide the assistance of appropriate consultants from her team,
and shall include members of the Fiscal Oversight and Management
Board (FOMB), the Office of Management and Budget (OMB), and other
financial consultants, as appropriate.
3.

Ms.

María

del

Mar

Ortiz,

the

Governor’s

Personal

Representative, shall be involved with the process.
4.

Monitor Tandy shall convene the parties as well as others

who will be available to assist during the week of April 25, 2022
to begin this process.
5.

DCR’s plan for how it will achieve and maintain staffing

compliance adequate to keep youth safe, including alternative
options, shall be due and filed with the court no later than
May 16, 2022.
SUPERVISORY VACANCIES
In order to address the long-standing problem of unfilled
supervisory

positions,

the

Court

entered

an

order

after

the

January 4, 2022 Status Conference requiring DCR to identify a
minimum

of

ten

(10)

qualified

officers

to

fill

supervisory

vacancies by January 31, and to conduct the necessary background
investigations and approvals by March 11, 2022.

DCR was required

to notify Monitor Tandy once the names of these officers were
available. (Docket No. 1703.)

The Court set the March 11, 2022

Case 3:94-cv-02080-FAB Document 1749 Filed 04/26/22 Page 4 of 5

Civil No. 94-2080 (FAB)

4

date after representations at the January 4 hearing by counsel for
DCR and Secretary Ana Escobar that this task could be completed
within that timeframe, including whatever approvals had to be
obtained.

In the latest Joint Motion filed by the parties on

April 18, 2022, and as discussed in the Status Conference held on
April 19, 2022, it is clear that DCR has failed to abide by this
deadline, and has not provided any name to Monitor Tandy, nor has
it completed the process of promoting and training the officers.
The Court re-iterates the importance of these positions to
the operation of the NIJ facilities and admonished DCR that it
will not tolerate further delays in meeting this Order.
ACCORDINGLY, it is ordered that:
1.

DCR

shall

provide

the

names

of

the

sixteen

(16)

individuals it has identified as possible supervisors to Monitor
Tandy no later than May 16, 2022.
2.

No later than May 30, 2022, DCR shall ensure that

training has been completed for these officers, and that the
appropriate authorizations have been made for their promotions
into these positions so that they can begin as supervisors no later
than June 1, 2022.
3.

The Commonwealth shall file a notice with the Court no

later than May 30, 2022 to verify that this has been completed, or

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Civil No. 94-2080 (FAB)

5

show cause as to why the Court should not imposes sanctions for
failure to comply with this Order.
IT IS SO ORDERED.
San Juan, Puerto Rico, April 26, 2022.

s/ Francisco A. Besosa
FRANCISCO A. BESOSA
SENIOR UNITED STATES DISTRICT JUDGE