1. Tyler Technologies: Injustice Within the Justice System
Texas State University

2. Tyler Technologies (TYL)
Tyler Technologies is a software solutions companies
Software for: governments, schools, and courtrooms
"Tyler has a singular focus- delivering essential software solutions that empower the public sector."

3. Odyssey Case Management System (OCMS)
Odyssey Case Management System provides integrated court and justice solutions to deliver organized and up-to- date information 
CEO John S Marr Jr

4. Problems
Add in poor scalability

5. Misallocation of Resources
Consequences
User Harms
Misallocation of Resources
Wrongful Incarceration
Inmates Erroneously Released
Extended Jailtime
Drug Offenses Reclassified as Sex Offenders
Misrepresentation of Character
Backlog of records
Inaccessibility of Records
Calendar Issues
Excess Time Used to Fix Software 
management-software-upgrade-results-bogus-felony-convictions-wrongful- arrests.shtml
glitch/
claims
-argue-over-court-records-mess/ /

6. Technology

7. Phased Rollout Counties purchase a Tyler software suite
Suite contains individual modules
Each module is installed one at a time
Different  groups work on different modules
Confusion can lead to data quality problems

8. Test-Driven Development
Predetermined test cases dictates source code
"Globally optimum" software
What should be tested?
Varying county sizes for scalability
Inmate record I/O comparison

9. The Tyler Cloud and SaaS
Software is used by clients over an internet connection rather than installing it on their hard drives
Counties have the option to integrate Odyssey with the Tyler cloud, or have their software installed in house 
Lack of variability control for on-prem counties
Convert all counties to the Tyler Cloud
Easier to push updates and run simulations 

10. Short Term Risk Mitigation
Stress test Odyssey – testing its behavior when its working at its maximum
Finding the limit for which it can handle the most data. What is its maximum payload? Consult Odyssey engineers. 
Inmate record I/O comparison
Use Macro Scheduler - $85
A 3rd party source code audit might be necessary to gain better public reputation
Smart Bear
Raygun
Guidelight Business Solutions

11. Legal

12. Harm Caused Through Laws Broken
     
We spent an inordinate amount of time on this,” he said. “We did very much due diligence. It’s so frustrating not to see the ethical behavior from the company.”
     -Torney Smith, Ventura County
*Add statistics from Alameda county about amount of people that have been impacted by this
In regards to individuals - negligence
Results in unjust imprisonment, wrongful arrest, incorrect requirements for probation, calendar issues, inconsistent bail amount, misdemeanors incorrectly labeled as felony, inmates stuck in county jail and not moved to federal prison
Governmental entities – breach of contract- failure of consideration / Deceptive trade practices
Judges, lawyers, and clerks unable to access files about 50% of the time
Lag in system causing backlog
Ex: 12,000 file backlog in Almeda county growing by 300 files a day
Counties must achieve average 90% of criminal history dispositions reported to dps per calendar year to keep their funding from federal gov
Counties being sued for wrongful arrest and imprisonment caused by the Odyssey platform
Public - Tyler at the expense of the public, who is a third party beneficiary or the intended beneficiary of the contract with Tyler
Tyler has a duty to the public because they chose to contract with the government providing software systems that manage the public. The public could be seen as a 3rd party beneficiary. Harms come from:
Wasted taxpayer money, time, and resources
Inmates accidentally being released from jail- could be a danger to the public
Public is paying for Tyler tech with their tax money- don’t want them to perceive Ty Tech as unethical
Negligence- Duty, breach of duty, breach of duty causes damage

13. Relevant Cases
The county of Jefferson, Missouri v. Tyler Technologies Inc.
Ventura County v. Tyler Technologies Inc.
Powell & Ingram v. Oldham & Tyler Technologies Inc. 
The People of The State of California v. Eric Cruz & Patricia Smith 
Driver & Clayton v. The Marion County Sheriff   

14. Does Tyler Admit Fault?
*When did they make these comments? Check to see if they have made additional comments since then
Check for cases regarding new world system, have they been resolved?
*Add comments from Alameda county about wanting to switch back to old system
Good for them to not admit fault- this would make them liable in the ongoing and future cases
HOWEVER
Don’t directly lie about information that is easily accessible to the public- this could be interpreted as deceptive trade practices

15. How Tyler will be held accountable
Counties sue for breach of contract or negligence
Ex: Jefferson, Missouri v. Tyler Technologies
Sovereign Immunity
*explain that Shelby is moving towards class action
MAYBE EVEN JUST HAVE THE GRAPHIC ON THE SLIDE?
Sovereign immunity- this is something that we believe you should be aware of because there is the potential for this
Mention that these lawsuits will harm reputation

16. Class Action Costs
Companies identify most damaging factors of class action lawsuits: -Coming under exposure -Cost of settlement or trial
Companies continue to identify damages (whether in a settlement or a trial) and coming in under exposure as the most important factors for evaluating success in their defense of class actions. Reputational impact and defeating class certification remain important.

17. Financial Impact of Legal Problems
Direct cost of past, current and future lawsuits
Cost of Class Action Lawsuits
Reputation cost
Direct financial cost of settling or going to trial
Reputational cost- losing out on potential government contracts
Alameda chose not to implement Odyssey in the family, probate, or civil side of the court
Loss of contracts
Every contract Tyler Technologies loses is money out of their pocket
Sovereign Immunity
*Find out if any county has succeeded in breaking contract with Tyler
*find examples of counties that have chosen not to use Tyler because of reputation
*Ty tech paid ventura county a bunch of money- how much and why?

18. Legal Aspects of Solution
The solution we bring to the table is legal
There are no laws or regulations that will prevent Tyler Technologies from implementing our solution
Potential lawsuits if Tyler Technologies does not provide the updated Odyssey system to the counties it is already in contract with
Guarantee of lawsuits if Tyler Technologies 

19. Financial

20. Business Practice Quick corporate growth
Management structure can't keep up
Number of insider shares traded:
81 shares bought
156,429 shares sold
Explain rollup
NWS public safety platform

21. Software Development Life Cycle (SDLC)

22. Where do TYL Maintenance Fees go?
TYL charges $3-$4 million for counties to use OCMS
~$360,000 for maintenance annually per county
Maintenance fees:
Support services
Ongoing development
$72,000 for corrective maintenance annually per county
In "Frequently Forgotten Fundamental Facts about Software Engineering" by Robert L. Glass, (an article in IEEE Software May/June 2001), He talks about softwares "60/60" rule, that is that maintenance typically consumes 40 to 80% (60% average) of software costs, and then that enhancement is responsible for roughly 60% of software maintenance costs, while error correction is about 17%.
~72,000 for corrective maintenance

23. 57,600 reactive hours annually
150 developers
57,600 reactive hours annually
$69,656 average yearly wages
$6,260,544 lost annually
Corporate Losses
Based on a 40 hour work week at the average wage of USD $69,565, the average software developer could spend 32 hours each month ($ in time) fixing errors and replicating issues. If you have 50 developers, the combined 1,600 hours of reactive work could potentially ramp up the cost of software errors to USD $57,968 in lost time per month.

24. Unintended Costs Taxpayers and counties are forced to pay
           
     Government funding of counties being potentially harmed
                  
      Legal costs can quickly surpass revenues if more decide to sue
            
            Public response may hinder future growth
Electronic Data Systems (EDS) Corporation Child Support analogous case 
//Shelby county asking for $10 million in class action lawsuit
TYL makes around 800,000 annually, but Cali $10 million class action lawsuit
: The county (or counties) in which the applicant is located must have a 90% average on both adult and juvenile criminal history dispositions reported to the Texas Department of Public Safety for calendar years 2011 through 2015. Criminal Justice Division 
Counties – funding is tied to the number of records that go to the NCIC
TO DO: – see how the funding is connected; see the details on percentage of records that must be submitted to obtain governmental funding

25. Ways to Mitigate Immediate Risks
Hire software developer team to implement patches
Effective 5 person team = $348,280 annually
Inform clients of work on patches
QA team work on new test cases and stress test scalability
How to drive your test cost to "0" – Don't test
How to drive your user base to "0" – Don't test
Another auditor: Logic Manager: $150,000 annually
Research by Quantitiative Software Management 5-7 person team = effective... optimium team size

26. Ways to Mitigate Future Risks
Hire software auditor
Ensure satisfactory system design principles, and design management principles
Convert counties to Tyler Private Cloud 
$100 monthly
600 counties
$60,000 annually
Research done on cost of Amazon, Microsoft, and Rackspace cloud based hosting for Cloud
Benefits greatly exceed the cost 
Metric Stream

27. Ethical

28. Overview Subversion of justice In violation of mission statement
Poor allocation of resources
Reducing effectiveness of law enforcement efforts
Tax dollars on incarceration and processing
Time
Negatively affecting productivity of society
Duty to uphold social and physical contract

29. Subversion of Justice
Erroneous software persists the multiple ethical violations 
                System is generating false arrest warrants
                Imposing on peoples' freedoms and autonomy
                Reducing the operational efficiency of local justice systems and the efficiency society as a whole
Ultimately treating people as means to an end.
People are being arrested and going to go jail over crimes they didn’t commit. Now, this is harming their reputations, their livelihoods, their relationships, and other sectors of their life.

30. What Tyler Technologies Represents
Dedicated to helping local government and school clients streamline their processes and make it easier for them to manage their business functions
State an understanding that their clients want and need to operate more efficiently
A focus on innovation and “earnest commitment to our clients”
Emphasis on the fact that they want to develop, implement, and support software solutions that deliver — again and again.
What Tyler Technologies Represents
These are fantastic values to stand for. Now, sadly the Odyssey Case Management System is taking away from the truthfulness of these statements.

31. Responsibility of Being Truthful
When you sell a good or service, it needs to do what you advertise it does.
The company wants to help local businesses with their day-today operations
Tyler Technologies owes it to their customers to deliver a product that functions exactly as they are marketing that it will. 
Breaking of a social agreement and treating their customers as objects instead of individuals.

32. Accountability
Certain products of essential function put responsibility on producers
Justice, medical industry, financial services
Accountability in justice sector needs to be raised
Standards of public servants
People rely both directly and indirectly on OCMS
Operational efficiency needs to be more of a priority
Harming the utility of justice systems
Poor allocation of resources
As industry leaders, they need to be leading
Cost Bastrop County $16, to install the Odyssey System
Annual maintenance fee

33. A Corporation is a Guest in Society
Business entities are legal fictions created by operation of law
Like citizens, corporations have rights, and also obligations to society
Tyler Technologies owes its success to the people and the government
Fiduciary role as a company that bids on government contracts
Duty to hold up their end of both physical and social contract

34. Solution Corrects ethical violations
In accordance with all parts of mission statement
Maintain honesty and credibility with stockholders
No longer subverting justice
Set a quality industry standard
Improve efficiency of local governments
Fulfill duty of contract

35. Conclusion

37. Solution Short-term solution: Long-term solution:
Hire software developer team
Inform clients of work on patches
Implement more quality assurance testing
Long-term solution:
Hire auditor
Convert counties to cloud

38. Benefits of Proposed Solution
Functional product
Good reputation
Confident stock holders
Satisfied clients
Mitigated legal costs
New clients
Strength over competitors

39. Resources https://www.tylertech.com/careers
Lupo and Baily. Designing and Implementing e-Justice Systems: Some Lessons Learned from EU and Canadian Examples

40. Resources
wrongful-arrests.shtml Glass. Frequently Forgotten Fundamental Facts About Software Engineering

41. Ethical Term Resources

42. Legal Cases Class Action- Jessica Powell vs. Bill Oldham
Original-Odyssey.pdf
computer-problems/ /
marion-county-jail
city/ /

43. Tyler Technologies: Injustice Within the Justice System
Texas State University