Formal grievance: Master Class B count
by Daniel J. Peterka
GRIEVANCE APPEAL: (Institutional Log #: 20-6-12662)Secretary, FDOC
It is hard to say which is more troubling: that the administration of Union CI is forcing prisoners to comply with an unnecessary policy that ultimately makes the prison less safe, or that they just don't care.In March 2020 I submitted informal and formal grievances (log #s 213-2003-0046 and 2003-213-133, respectively) regarding Union CI's recently enacted policy requiring P Dorm prisoners to get fully dressed for evening master count.
My grievances were denied without discussion or explanation, just threats of disciplinary action for noncompliance. (Copies attached)Because P Dorm is not air conditioned, virtually all P Dorm prisoners sleep in their underwear at night, which is specifically authorized by Chap. 33-602.101(2)(b)7, F.A.C.In the past, then, P Dorm prisoners that got into bed before evening master count would simply get out of bed at count time and stand by their cell door with their cell light on, which was---and still is---sufficient to accomplish the goal of count. Requiring those prisoners to get fully dressed is not only unnecessary to accomplish the goal of count, but also is not required by Chap. 33.
Indeed, I submit that forcing such prisoners to get fully dressed for evening master count injects unnecessary stress, frustration, and resentment toward staff into the situation, especially during the miserably hot summer months in this non-air conditioned dorm, which ultimately makes the prison less safe.Accordingly, I appeal the denial of my grievances and for the reasons given request that the Secretary rescind Union CI's recently enacted policy requiring P Dorm prisoners to get fully dressed for evening master count.In the alternative, if getting dressed has truly become necessary to accomplish the goal of count, I submit that athletic shorts is sufficient.Thank you.
April 06, 2020 s/Daniel J. Peterka 119773
RESPONSE:PETERKA, DANIEL 119773 20-6-12662 UNION C.I. P5220S
Your administrative appeal has been reviewed and evaluated. The response that you received at the institutional level has been reviewed and is found to appropriately address the concerns that you raised at the institutional level as well as the Central Office level.Your administrative appeal is denied.
W. Millette s/W. Millette, Secretary's Representative 4/16/20