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Date Published: July 31, 2004
Leventis taking on Ozmint
Senator threatens legal action against Department of
Corrections
By BETHANY FULLER
Item Staff Writer
bethanyf@theitem.com
State Sen. Phil Leventis, D-Sumter, has threatened legal
action against the director of the S.C. Department of Corrections
because he says the director has violated the law.
Leventis
wrote a July 23 letter to Jon Ozmint, director of S.C. Department of
Corrections, telling him to "cease and desist" negotiations with
private medical providers or he would take legal
action.
Leventis is referring to action taken by Ozmint to
move forward with a plan to privatize medical services offered to
inmates. Leventis based his claim on Budget Proviso
72.111.
The Proviso says "The Budget and Control Board shall
conduct a study, prior to implementation, to determine whether
privatizing any portion of prison medical services will result in
greater cost efficiencies to the Department of Corrections.
The study shall include, but is not limited to, prior
experiences with privatization of correctional facility operations
in the state. The results of the study shall be reported to the
Senate Corrections and Penology Committee and the House Medical,
Military, Public and Municipal Affairs Committee."
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LEVENTIS |
| Leventis said that Ozmint is
breaking the law because he is negotiating a contract with private
medical providers before the study is complete.
In a July 13
letter from Ozmint to Leventis, Ozmint stated that, after consulting
with the Governor's Office, the Budget and Control Board's
procurement counsel and outside counsel, "We intend to proceed with
negotiations with the highest ranked bidder."
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OZMINT |
| Ozmint stated that under the
proviso, the negotiations are designed to finalize the content of
the agreement. He said the department would not enter into a
contract until after the study is completed.
"These
negotiations will allow us to determine the final scope of services,
staffing, price and other provisions of the potential
contract."
But Leventis isn't happy with the
explanation.
"He said once the study is done, he will sign
the contract. That is not so smart because then you still have a
contract and obligations," Leventis said.
In a statement from
the Governor's Office, Will Folks said Leventis' interpretation of
the law is inaccurate, and the Proviso does not mention exploring
possible privatization options prior to the completion of the
study.
"Sadly, Phil Leventis is clinging desperately to a
failed status quo by threatening people with frivolous lawsuits,"
Folks said. "It's one thing to disagree with the governor's efforts
to make our state more efficient and more accountable to the
taxpayers; it's another thing entirely to threaten an entire state
agency in such a reckless, immature manner."
Leventis said he
is concerned about what privatizing could cost the residents of
South Carolina.
He said the bids have been as high as $75
million.
Leventis said he has attended some public meetings
on this issue, and has discussed it with the Department of
Corrections employees.
"The amount we spend on S.C. inmates
is about the lowest in the nation," he said.
Leventis said
the Department of Corrections had previously used a private company
for its medical services, and that the company left before the
completion of its contract. The company that left is now one of the
companies bidding for the contract with the Department of
Corrections.
"That legislative audit council did an
investigation on the previous experience and they had less than
glowing reviews about what happened," he said. "One way that the
medical company saved money was by not giving medical
service."
Leventis said he could not recall the service's
correct name.
Efforts to contact Ozmint on Friday were
unsuccessful.
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August 2, 2004 
