Warden Mike Mahoney said the state Corrections Department notified the FBI and the Montana attorney general after discovering
e-mails with sexually explicit and racial humor, sexual remarks and nudity. One graphic e-mail contained a picture of a naked child.
The inappropriate use of e-mail was reported by an employee on Sept. 26 after he received an objectionable e-mail from another employee, prompting an extensive review of e-mail use by prison officials, department investigators and the information technology staff.
“This activity is totally unacceptable for Department of Corrections employees and we take it extremely seriously,” said corrections director Mike Ferriter in a written statement. “It's discouraging because this type of behavior distracts the department and the prison personnel from their crucial roles of protecting public safety by managing thousands of offenders on behalf of the people of the state of Montana.”
The investigation, which Department of Corrections officials completed on Oct. 26 and announced on Monday, involved reviewing hundreds of e-mails sent or received by about 80 employees whose positions range from first-line supervisors to more senior department officials. Mahoney would not disclose specific positions, but said the prison employs about 630 staff members, with less than 100 employees who use the e-mail system.
The FBI and Powell County Sheriff's Office were contacted during the course of the investigation because of concerns that possession of one e-mail could constitute receipt of child pornography. The FBI and the sheriff declined to get involved in the matter because the image did not fall into that category, Mahoney said.
The Department of Corrections also notified the attorney general and the legislative auditor, in the event that the employees' use of state time and resources for sending personal e-mails could be viewed as theft of state resources.
In some cases, the e-mail attachments took up significant space on the state computer system, slowing down e-mail traffic and disrupting legitimate work activities.
In light of the investigation, officials will randomly review employees' e-mail and Internet usage on a continual basis, regardless of whether an incident or complaint is brought forward.
Misuse of the state e-mail system exists in all state agencies, Mahoney said, and has been going on for years. However, the misuse has become more prevalent as technological resources have expanded.
In May and December of 2006, inappropriate e-mail and Internet usage by prison staff members was addressed by former corrections director Bill Slaughter. At that time, a number of department employees were using the e-mail system to send copies of cartoons, jokes, pictures, and racially and sexually offensive items in violation of department and state policy.
“This isn't our first rodeo,” Mahoney said. “That's what really troubled me with this. We issued a directive to the folks who use e-mail, who are first-line supervisors and up. Apparently, it fell on deaf ears in some instances because the incidents did not change. And then we have an incident where child pornographic images are at issue.”
Mahoney also apologized for the misuse, which he said causes an erosion of the public's trust.
According to the minutes of a general staff meeting on Oct. 2, Deputy Warden Ross Swanson called the e-mails “the most disgusting, disappointing thing he has ever seen.”
“Deputy Warden Swanson said the e-mail items he looked at this morning were sickening, and staff's sending these items is a waste of time and resources,” according to the minutes. “He said if this went to the media, the prison would be ‘crucified.' ”
Swanson also expressed his concern about the investigation becoming a “media topic” and a “political fiasco” that could stymie requests to the Legislature for additional staff.
“It would be difficult for the prison to defend the need for those positions when this misuse of e-mail is occurring,” according to the minutes.
Reporter Tristan Scott can be reached at 523-5264 or at tscott@missoulian.com.
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