Union, CT DESPP reach agreement over privatization allegations

The Administrative and Residual Employees Union AFT Local 4200 reached an agreement with the Department of Emergency Services and Public Protection (DESPP) over allegations lodged by union members that the department had improperly entered a nearly $100,000 contract that privatized some services typically performed by state employees.

The DESPP contract with Peak Performance and Diverse Computing, a law enforcement software company, was to help conduct necessary agency audits for the Federal Bureau of Investigation’s Criminal Justice Information System (CJIS), but DESPP employees and the union said that work is supposed to be performed by state employees, not contracted out to a private entity, essentially displacing long-time employees.

The union also submitted a complaint that the contract was not properly put out to bid and did not receive a cost-benefit analysis.

The issue was brought before the State Contracting Standards Board (SCSB) in September of 2023 through a complaint submitted by a DESPP employee. A&R Local 4200 President John DiSette followed up with a formal letter indicating the union was concerned the contract was not meant to fill an existing gap in services, but rather to “replace the duties already covered by staff.”

Under the terms of the full and final settlement , the CJIS audits will continue to be done by state employees; training of state employees will continue to involve both union and non-union DESPP employees; training for the third-party CJIS software, as well as consulting work, will be performed by a private entity; and DESPP “shall submit a cost-benefit analysis and business case to the State Contracting Standards Board” prior to soliciting bids or entering into “non-competitive” procurement contracts.

“As a result of certain irregularities in the procurement of the contract with Diverse Computing as acknowledged by DESPP, the State Contracting Standards Board, through its Chief Procurement Officer, may advise DESPP on contracting protocols,” the agreement states.

In a letter to the SCSB, DESPP admitted to missing “critical steps in the procurement process,” including competitive bidding for the contract. DESPP also argued that it was not subject to the SCSB’s oversight in this matter because the contract was only meant to assist staff in the completion of the audits.

During a January meeting of the SCSB’s Privatization Contract Committee, the committee took a vote and confirmed that the issue before them was a matter of privatization. By May, a proposed settlement had been reached between the union and DESPP, before moving on to a vote by the full SCSB board.

According to the terms of the one-year contract with Diverse Computing, Connecticut faced a backlog of audits with the goal of being removed from the FBI’s sanction list.

“These sanctions will directly impact future funding accessibility and access to FBI CJIS Systems for the State of Connecticut,” the contract says. “Part of these sanctions would involve a direct over-site by the FBI CJIS Division and the State of Connecticut’s Governor’s Office to ensure compliance.”

CJIS is a law enforcement information sharing system managed by a governing board that establishes “direction and policy on justice information supportive of law enforcement and court functions involving apprehension, adjudication, incarceration, and supervision,” according to the state’s website .

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