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Extracted Text (OCR)
minimum elapsed time of on ‘days off’ will be fifty-six (56) hours, except when the employee requests
the change.””?
The Material Handler told the OIG that on August 9 he reported for a voluntary overtime shift from 12 a.m.
to 8 a.m. and then worked his regular 8 a.m. to 4 p.m. shift in the warehouse. At some point during the day
shift, the Day Watch Operations Lieutenant, a higher ranking official, called and asked the Material Handler
if he could work overtime in the SHU and he agreed. The Material Handler told the OIG that he felt
pressured to work the third shift, which resulted in him working 24 hours straight, from 12 a.m. on August 9
through 12 a.m. on August 10. As discussed previously, the Material Handler admitted to the OIG that on
the evening of August 9, during his third shift which he worked in the SHU, he did not conduct the
mandatory inmate counts and rounds because he was too tired.
The OIG investigation and review concluded that the Day Watch Operations Lieutenant exercised poor
judgment when he requested that the Material Handler work a third consecutive shift. As the Day Watch
Operations Lieutenant, he had access to the staff roster and schedule and therefore he should have known
that the Material Handler had already worked 16 straight hours. Additionally, the Day Watch Operations
Lieutenant's action was inconsistent with the collective bargaining agreement and did not reflect sound
correctional judgment, as it would have been extremely difficult for the Material Handler to have effectively
performed his duties during his third shift.
4. Clearing the 10 p.m. Institutional Count Knowing that It Was Inaccurate
The OIG's investigation and review determined that on August 9, 2019, MCC New York staff cleared the
10 p.m. institutional count knowing that the inmate counts from two housing units were inaccurate.
BOP policy and MCC New York SHU Post Orders require that COs conducting an institutional count relay the
count verbally to the Control Center, which maintains the master count of all inmates.®° If a count reported
verbally does not match the master count, the Control Center must notify the Operations Lieutenant and
the staff members must recount the inmates. MCC New York SHU Post Orders further provide that “[c]ount
slips which appear to be altered will not be accepted.”
As discussed previously, the OIG determined that an internal transfer of an inmate (Inmate 4) from the SHU
to Receiving and Discharge on August 9 was not documented appropriately at the time of the transfer. The
failure to document the transfer, along with the SHU staff not conducting the required inmate counts,
resulted in the MCC New York Control Center receiving a count slip from the SHU with an incorrect number
of inmates identified as being present within the SHU at the 10 p.m. institutional count.
During his OIG interview, Senior Officer Specialist 6, who was assigned to the Control Center, admitted that
he amended the 10 p.m. count slips he received from the SHU and Receiving and Discharge in an attempt to
reflect the correct number of inmates in the SHU following the internal inmate transfer that resulted in a
SHU inmate (Inmate 4) being moved to Receiving and Discharge earlier in the day. Senior Officer Specialist 6
acknowledged that he should have requested a recount from the SHU, but instead he cleared the 10 p.m.
7? BOP and Council of Prison Locals, Master Agreement, July 21, 2014-July 20, 2021 (extended until 2026).
80 BOP Program Statement 5270.11.
105
DOJ-OGR- 00023472
Extracted Information
Document Details
| Filename | DOJ-OGR-00023472.tif |
| File Size | 62.4 KB |
| OCR Confidence | 95.1% |
| Has Readable Text | Yes |
| Text Length | 3,544 characters |
| Indexed | 2026-02-03 20:39:00.420721 |