More Questions on CBC

George Holt was interviewed on WBEN today, and he tried to poo-poo the CBC issue away. He said that Amendment E was merely a recommendation to the County Executive, that no money had been allocated for or to CBC, and that the proper RFP (request for proposals) bid procedure would still have to take place. It's merely a proposal, according to Mr. Holt. Well, if it's just a recommendation, then why does the Amendment read like a fait accompli? "WHEREAS, Community Based Corrections, LLC (CDC)[sic] will provide case monitoring and case management services..." If Giambra still needs to conduct an RFP process, why does the resolution authorize the County Executive "to enter into a contract with [CBC, LLC] for the purpose of instituting an alternative to incarceration program..."? And if there's no money set aside, why does it say, "funding for this program will be covered by funds appropriated for [probation, the holding center, and corrections]"? Any first year law student can tell you that there is a big difference in statutory construction between mandatory and discretionary language. "Will" is mandatory. "May" is discretionary. The resolution uses mandatory language.

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