daily nebraskan
page 1 1
York . . .
Wednesday, december 13, 1978
Continued from Page 6
she said. But the policy changes were posted in the halls
and made available to every woman. Copies also were
placed in a folder on each floor for the women's inspec
tion, she said.
Lee G. Bryant, administrative assistant to Correctional
Director Vitek, said copies of new departmental rules
adopted Jan. 8, 1978, had been posted in all living areas
and could be obtained by inmates for their personal use.
Bryant compiled a report detailing conditions at the
center after inmates released the petition.
Although Bryant's report allegedly refuted all the in
mate complaints, both Bryant and Vitek refused to reveal
the reports contents.
Bryant read from the study in a reporter's presence but
would not release it. Among other things, the report dealt
with rules and policy changes.
Not aware of changes
According to DenHereter, the staff was not
always aware of such changes. It did take time for policies
to be changed, she said, and sometimes the staff was not
aware of the changes.
Although it is hard on the staff to be required 10 be
familiar with three rule books in addition to memos, they
have to be used until the new Department of Correctional
Services rule book is published, she said.
Not only were there charges that inmates were written
up from differing rule books, but the inmates claimed in
the petition that discipline was not always fair and
equitable.
Discrimination and favoritism weigh heavily in the ad
ministration of discipline, an inmate charged.
"Discipline is unfair. It depends solely on the
individual involved," she said.
According to Stephens, favoritism enters into disciplin
ary decisions. Two women were confined in the solitary
confinement center, the "hole," for 40 days for homosex
ual activities while two other women were confined for
only 20 days for the same charge, she said.
However, Bryant maintains rules are enforced in a fair
and impartial manner.
Discipline is an individual matter, Bergen said. Two
women may have committed the same infraction but one
may have broken the rule five times while it may be the
first rule infraction for the other inmate, she said.
"Each case has to be weighed individually and each
woman sentenced individually," she said.
According to Bryant, the petition circulated by in
mates was an attempt to embarrass Bergen in hopes she
would make conscessions to their demands.
The petition was an attempt by a small group of resi
dents to resist the efforts of Bergen to tighten security at
the center, Bryant said.
Discipline legal
Disciplinary action is in accordance with the new regu
lations which have been formulized. This has somewhat
upset residents who were used to more informal proceed
ings, he said.
According to Wiley, the former instructor at the
center, Bergen has improved the situation for the resi
dents. The inmates are more fairly and equally treated, he
said, and they are now functioning more in line with
correctional directives.
However, Wiley did claim that Bergen has directed
some disciplinary decisions made by the center's Board of
Inquiry and has instructed board members to state that
the disciplinary actions were their own. He did state that
this practice was not unique to Bergen's administration
but also common to past administrations.
Several other former employees also stated similar
beliefs about the disciplinary board.
Won't dictate decisions
But Bergen said, "There would be no reason for me to
dictate decisions to the Board of Inquiry. If an inmate is
not happy with a sentence, she can always appeal it to me
THERE JS A
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and the decision can be adjusted.
"The Board of Inquiry operates exactly as it is suppos
ed to under law. If I was doing anything wrong, I would
not hold this position. The reformatory is too open, and it
would not be possible to do anything illegal."
Wiley also charged that staff relations had not been as
equitable as they should have been. Although "Bergen
treated me immensely fair," he said, he sensed that Bergen
did not care about the staff.
And Bergen once was harshly critical of the chief
correctional officer's performance, he said. Wiley said he
did not feel Bergen should reveal her feelings about staff
members to other employees.
Questioned about the incident, Bergen refused
comment.
There also is an intolerance of mistakes, the former
employees complained.
Afraid to be wrong
"There was a great deal of tension which resulted from
a fear of making mistakes," one former employee said. It
created a work environment in which there was. a reluct
ance to act for fear of making a mistake and an environ
ment which encouraged people to cover up their errors, he
said. It became difficult to work at the reformatory be
cause of the atmosphere, the former employee said.
Although Bergen said mistakes should not be encourag
ed, she added, "I am tolerant of errors."
There is no fear or apprehension of an overly severe
reaction to mistakes, said Janise Axdahl, an instructor
selected by Bergen to discuss the charges. "Supt. Bergen
has always supported me, even when I made an error."
But because inmates allegedly report to Bergen about
the performance of staff members, an atmosphere of fear
has been created, a former employee said. It appears that
the superintendent will accept the word of an inmate over
the word of a staff member, she said.
However, Bergen said that although both inmates and
staff members talk to her about occurrences at the center,
"it has been very seldom that a staff member has not been
supported when charged with misconduct by an inmate."
In addition to the fear the former employees claimed
they felt for their jobs, several claimed that many staff
members are disgruntled because some of their duties have
been stripped.
A former counselor complained that she no longer had
the authority to allow inmates to make phone calls and
that employees had to obtain permission to make personal
calls.
Even small decision-making has been taken away from
the staff and placed in Bergen's hands, the employee
alleged.
Should be satisfied
The duties which have been taken away were duties the
staff never should have had, according to Darlene Percival,
a counselor at the center selected by Bergen to discuss the
former employees' charges.
Counselors should not have been authorizing phone
calls, coordinating recreational activities or transporting
inmates to appointments, she said.
"I feel much more comfortable with counseling now
since those duties are no longer required ot me," she said.
Counselors should not be required to offer services
beyond their speciality, counseling and making profession
al. Inmates have complained that their phone calls are
limited and that their mail is censored and sometimes pre
vented from leaving the center.
And according to Stephens, the former kitchen super
visor, the petition had to be carried out of the reformat
ory secretly by an employee because it would have been
stopped from being mailed out.
Several letters which were mailed to an attorney and
the Department of Corrections never reached their
destinations, an inmate claimed. She alleged the mail had
not been sent out.
Although mail is opened and checked for contraband,
it is never read or barred from being mailed, Bergen said.
The inmates receive mail regularly and mail is sent out
daily, she said.
In addition to complaints regarding mail censorship,
the inmates' petition criticized the institution for what
the inmates called inadequate medical staff and medical
care.
Short-supply doctor
Although the center maintains a staffed nurse station
24 hours a day, a doctor is on the grounds only once a
week, a former inmate said.
"It is a never-ending battle to receive adequate medical
care at the center," the inmates stated in the petition. An
inmate added.
But according to Bergen, better medical facilities can
not be found at another institution the size of York. In
addition to a doctor's weekly visit, the institution also
often makes use of specialists around the state.
"The inmates probably receive better medical care than
people on the outside," she said.
Imates claim the recreational facilities an ' activities
have been limited to the reformatory's ground. Inmates
are no longer allowed to go downtown shopping or to go
to movies, Stephens said. Activities are limited to the
gym, she said.
However, two full-time recreational directors have been
hired and Bergen has set up an exercise room, bought a
kiln and a potters wheel, the superintendent said. The
women also are allowed to go to movies and play softball
downtown and go to church and swimming in York. The
recreational program has been improved and expanded,
Bergen said.
Under Bergen's administration the inmates know what
is expected of them and where they are going, Wiley said.
Although the inmates may be disgruntled with the tighter
security and enforcement of the rules, many good things
take place at the center, he said, adding that judgment
should not be made on the institution for another six
months because the women are not accustomed to the
changes.
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