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SENATE RESOLUTION
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WHEREAS, The West Texas State School is a facility under |
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the jurisdiction and direction of the Texas Youth Commission; and |
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WHEREAS, Recent investigations of the West Texas State |
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School by the Texas Rangers have reported that school personnel |
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have engaged in sexual conduct with students at the school; and |
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WHEREAS, The reported sexual conduct with students went |
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undiscovered for a substantial period of time, especially |
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considering the duration of the incidents and the number of |
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youths involved; and |
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WHEREAS, The Summary Report for Administrative Review |
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prepared by an investigator for the Texas Youth Commission makes |
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the following findings: |
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-- Information regarding use of pornography on the job, a |
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recognized risk indicator of sexual misconduct, was not |
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considered in the selection of certain supervisory staff |
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members. |
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-- Repeated reports of school staff being alone with |
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students after hours were not properly reported and not addressed |
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with documented supervisory intervention. |
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-- Youth and employee grievance programs at the facility |
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were ineffective and sabotaged, and complaints that were made off |
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campus were explained away by school staff when investigated or |
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the evidence of misconduct was covered up. |
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-- Complaints regarding the conduct of school staff that |
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were reported to program administrators and above at the facility |
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were not properly registered to a complaint system or |
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investigated. |
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-- Certain complaints made about the unsupervised |
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presence of youths in the administration building after hours |
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were not properly registered or assigned for resolution. |
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-- School supervisory staff failed to report the |
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suspicions of abuse regarding other staff members, screening the |
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reports by personally interviewing youths. |
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-- The standard for reporting suspected abuse, neglect, |
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and exploitation at West Texas State School was kept artificially |
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high by the screening of reports at the local level for evidence |
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of validity before reporting, and staff members who reported |
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their concerns without evidence were discouraged from reporting; |
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and |
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WHEREAS, The conduct described above was carried out by |
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state employees during official working hours in state |
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facilities, involved the use of state resources, and reportedly |
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victimized youths under the direct supervision of the Texas Youth |
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Commission; now, therefore, be it |
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RESOLVED, That the Senate of the State of Texas, 80th |
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Legislature, hereby find that the conduct described above |
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involves the diversion of state funds from their intended and |
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lawful purposes and a use of those funds for unauthorized or |
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unlawful purposes and thus constitutes gross fiscal |
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mismanagement by the Texas Youth Commission; and, be it further |
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RESOLVED, That the Senate hereby find that the condition |
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of gross fiscal mismanagement existing in the Texas Youth |
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Commission is sufficient cause for the appointment of a |
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conservator for the agency to assume all of the powers and duties |
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of the governing body of the agency and to carry out the other |
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powers and duties of a conservator pursuant to Chapter 2104, |
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Government Code; and, be it further |
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RESOLVED, That the Senate hereby request that the |
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Legislative Audit Committee examine the conduct described above |
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and determine whether a condition of gross fiscal mismanagement |
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exists in the Texas Youth Commission, and on making such a |
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finding notify the governor and recommend that the governor |
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appoint a conservator for the agency to assume all of the powers |
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and duties of the governing body of the agency and to carry out |
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the other powers and duties of a conservator pursuant to Chapter |
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2104, Government Code. |
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_______________________________ |
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President of the Senate |
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I hereby certify that the |
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above Resolution was adopted by |
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the Senate on February 28, 2007, |
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by the following vote: Yeas 30, |
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Nays 0. |
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_______________________________ |
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_______________________________ |
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Secretary of the Senate |