Here at The Knoxville Focus we believe in being fair, balanced, and reporting the whole truth. So in fairness to PSCD we are reprinting the press release they sent out on their Facebook page on Sunday. We are printing it verbatim to allow the reader an unfiltered view of the discussion and topics presented by the company.
PSCD’s official press release, which has been released to all local media outlets beginning on 2/4. Funny not one of them has reported nor printed it!! Or maybe it is not funny at all….
Sorry for the length of it but I wanted to post the complete document for review.
February 4, 2013
6403 West Emory Road
Knoxville, TN 37931
TN Lic. # 00001092
Contact: Mike Walker FOR IMMEDIATE RELEASE
Telephone: (865) 938-7950 February 4, 2013
LIMITED RESPONSE BY PROFESSIONAL SECURITY CONSULTANTS & DESIGN, LLC TO EFFORTS OF KNOX COUNTY AND THE PUBLIC BUILDING AUTHORITY TO LITIGATE CLAIMS IN THE MEDIA RATHER THAN IN COURT
Although it is ordinarily the practice and policy of Professional Security Consultants & Designs, LLC (PSCD) to refrain from commenting to the media about issues and disputes that are the subject of pending litigation and although it is the preference of PSCD to refrain from any public comment about the recent articles published in Knoxville area media, PSCD feels compelled to make this limited public response in an effort to mitigate the substantial undue prejudicial effect of recently published stories and disclose only such information as is necessary to mitigate the recent adverse publicity. PSCD was not provided a meaningful opportunity to comment upon the article published in the Knoxville News Sentinel on February 1, 2013. In fact, no effort to contact PSCD was made until after 5:30 PM on January 31, 2013, the day before the Knoxville News Sentinel article was published.
Upon the advice and recommendation of counsel, PSCD will limit its response to the claims and defenses involved in the pending litigation, information contained in public records, the scheduling and results of the pending litigation, and other limited information that is necessary to mitigate the substantial undue prejudicial effect of recent publicity.
PSCD’s overriding and paramount concern is providing security services and equipment to enhance the safety and security of all client facilities and individuals occupying them, especially the children, teachers, maintenance workers, administrators, and security personnel that attend and work in Knox County Schools and all other schools and facilities. The dedicated employees of PSCD have children of their own who attend schools that are clients and customers of PSCD, and the recent tragic events underscore the importance of safety and security services like the services performed by PSCD.
PSCD is a professional security consulting and design firm with a sound reputation for technical competence and responsiveness in a variety of disciplines. Since installation is one of the many services offered, PSCD’s objectivity is maintained throughout the duration of the project with relation to specific equipment application recommendations and hardware specifications. PSCD has been in business for over 12 years, employs many local residents, and has served many local businesses and public entities. PSCD has performed security consulting and design in 88 schools involving approximately 135 buildings.
Security systems designed and installed by PSCD have successfully identified, monitored, and investigated numerous events occurring in public facilities, including schools in Knox County. As a result, security systems designed and installed by PSCD have directly led to successful investigation, apprehension, and even prosecution of individuals involved in many instances of criminal activity that took place in or around facilities served by PSCD. Here are just a few examples:
A PSCD Video Security System was utilized at a Knox County Elementary School to identify and prosecute an alleged purse thief that had entered several other schools in the area during morning entry with students and other parents. Purses were recovered as the result of the exterior cameras and digital recorders.
A PSCD Video Security System was used in the investigation of an administrator of a Knox County high school that was being accused of an inappropriate relationship with a student.
A PSCD Video Security System was utilized at a Knox County Middle School to assist in identifying the person and vehicle (make, model, color) used to check out a middle school student, and the person was arrested less than a week later with the child in another state.
A PSCD Video Security System was utilized to investigate the activities of a former school board member who was accused of sexual harassment by a custodian in a Knox County school. The video was shown by most local news media outlets.
A PSCD Video Security System was utilized to identify the suspects that were alleged to have vandalized a Knox County high school.
PSCD Video clips were used to identify the person or persons who were alleged to have stolen laptops from area schools during sporting events at Knox County schools.
During the many years that PSCD held the contracts to provide school security for the Knox County School System, PSCD Video Security Systems have been successfully utilized almost daily to investigate and monitor issues within the school district including property theft, vandalism, non-custodial parental issues, and even school shootings.
PSCD has an established track record of promptly responding to any needs and concerns of its clients, including Knox County Schools. PSCD has promptly addressed, remedied, and/or repaired, at no additional cost, any deficiencies or defects in the work of PSCD that have been brought to the attention of PSCD. With regard to the work of PSCD in question, PSCD performed remedies and repairs at the request of Knox County and the Public Building Authority in 2009. After a subsequent walk-through to review the work by PSCD, the work was accepted.
PSCD received no further notification of problems or deficiencies until February 2011 when PSCD was notified of an alleged deficiency by a former counsel for the Public Building Authority. Mike Walker of PSCD promptly made arrangements to inspect any and all alleged deficiencies personally. Mr. Walker personally went to the facility where the alleged deficiencies were located to make a direct inspection. However, the alleged deficiencies could not be located, and none were found.
Quite some time later, PSCD was notified of a penetration in a firewall in one of the facilities. Again, Mr. Walker promptly made arrangements to inspect the alleged deficiency, and he personally went to the facility where the alleged deficiency was located to make a direct inspection. This time, a firewall penetration was discovered; however, it was determined that no PSCD equipment or material was in the firewall penetration. At no cost to Knox County or the Public Building Authority, PSCD remedied the firewall penetration even though PSCD could find no indication that any of its work was related to the firewall penetration.
With regard to the photograph of the keypad published by the Knoxville News Sentinel, the original designs and specifications for the facility where the keypad was installed called for the door adjacent to the keypad to be accessible because there was to be a parking lot for teachers near that door. However, as is often the case in construction and design of facilities of this nature, changes were made. In this particular instance, it was decided by the Knox County School System that the parking lot for the teachers should be located on the opposite side of the building. Consequently, the need for access to that door via the keypad in the photograph was eliminated. Thus, there was no longer a need to complete the installation.
PSCD takes issue with and vigorously disputes the claims and allegations of the representative of the Public Building Authority and the preparer of the “audit” that are quoted and referred to in the story published by the Knoxville News Sentinel. For example, claims are made that certain equipment was installed that was not the type or brand required or that did not have the name of the manufacturer. However, the equipment installed by PSCD was specifically itemized and identified on bid documents that were approved by Knox County and the Public Building Authority.
It is not the intent or the desire of PSCD to publicly respond to each and every claim and allegation made in the articles published by the Knoxville News Sentinel or in local media outlets. Instead, PSCD must limit this response to such information as is necessary to mitigate the substantial undue prejudicial effect of the recent publicity. PSCD is eager to make its response and provide its proof to rebut the claims, allegations and the “audit”, and the proper place to do so is in the Chancery Court for Knox County, Tennessee and not in the media.
It is unfortunate and disappointing that Knox County and the Public Building Authority have chosen to litigate these issues in the media rather than in the Knox County Chancery Court where this litigation has been pending since March 5, 2012. As shown by the public record, PSCD promptly responded to the Complaint filed by Knox County and the Public Building Authority by filing a Motion for More Definite Statement because the Complaint filed by Knox County and the Public Building Authority was insufficient. Counsel for Knox County and the Public Building Authority did not oppose the Motion and agreed to file an Amended Complaint.
After Knox County and the Public Building Authority filed an Amended Complaint, PSCD filed an Answer to the Amended Complaint and a Counterclaim. In the Answer, PSCD responded to each and every allegation made by Knox County and the Public Building Authority, asserted 17 affirmative defenses, and asserted a counterclaim for unpaid sums that are due and owing to PSCD.
In November 2012, PSCD served written questions called Interrogatories and a Request for Production of Documents upon Knox County and the Public Building Authority that required Knox County and the Public Building Authority to answer the questions under oath, file a written response, and produce documents and records to substantiate the claims and allegations made against PSCD.
Knox County and the Public Building Authority filed pleadings indicating that answers and responses would be provided to the 26 Interrogatories and Request for Production of Documents subject to written objections by Knox County and the Public Building Authority.
As of the date of this limited response by PSCD, Knox County and the Public Building Authority have not filed an Answer to PSCD’s Counterclaim, a sworn Answer to PSCD’s Interrogatories, a written Response to PSCD’s Request for Production of Documents, and have not produced any of the documents and records requested by PSCD.
Instead of fulfilling the legal obligation to file responsive pleadings and provide documents and information requested by PSCD in court, Knox County and the Public Building Authority made the unfortunate decision to run to the media and disclose information and documents to the media with the apparent intent of substantially and unduly prejudicing PSCD and the legal proceedings in Chancery Court.
Knox County officials are often heard to claim that they do not comment to the media on matters that are the subject of pending litigation. That professed policy was not followed in this case. It is truly unfortunate that Mr. Galyon, the Public Building Authority, and Knox County have chosen to put PSCD on trial in the media rather than fulfilling their legal obligations to respond in court to the Counterclaim, Interrogatories, and Request for Production of Documents filed by PSCD in November 2012.
From PSCD’s point of view, there are many, many other disputed facts and contested issues contained in the one-sided account portrayed in the media that is reasonably expected to produce a substantial undue prejudicial effect upon PSCD and the pending legal proceedings. Concerned citizens and reasonable public observers know that there are always two sides to the story in substantial disputes of this nature, and PSCD’s side of the story is not represented in the media reports recently published.
The omission of any comment or any reference in this limited response to each and every claim and allegation made to or reported by the media should not be taken as or construed to be an acceptance or acquiescence by PSCD of any such claims or allegations. It is the intent of PSCD to respond to each and every claim and allegation made about its work or its services, but it intends to do so in court and not in the media.
PSCD looks forward to receiving the overdue Answer of Knox County to the Counterclaim by PSCD, the overdue sworn answers and responses by Knox County and the Public Building Authority to the Interrogatories and Requests for Production of Documents filed by PSCD, and the documents and records Knox County and Public Building Authority were requested to produce back in November 2012. Likewise, PSCD looks forward the opportunity to address the claims and allegations made by Knox County and the Public Building Authority, cross examine witnesses for Knox County and the Public Building Authority, and present evidence and proof, but PSCD will do so in court and not the media.
PSCD reassures its clients and customers that it will continue to provide professional security consultation and designs as it has done in the past with the same level of service and expertise that so many have come to rely upon. The safety and security of the clients and customers of PSCD will remain the paramount concern of PSCD.
Aside from the information contained in this limited response, PSCD will make no further public comment at this time.
Dan Andrews reporting…