Inspector general clears lifting freeze on school construction

Friday, January 13, 2006 • BY DUNSTAN McNICHOL • Star-Ledger Staff

New Jersey's inspector general recommended yesterday lifting a freeze on new contracts by the troubled Schools Construction Corp., but said she has discovered incidents of misconduct and waste so severe a special investigator should be assigned to monitor the $8.6 billion program.

In her third report on the schools corporation, the agency set up about three years ago to manage an $8.6 billion overhaul of public schools across New Jersey, Inspector General Mary Jane Cooper commended the program's new managers for implementing a host of reforms to address her earlier concerns of pervasive deficiencies.

At the same time, she reported her ongoing investigation uncovered millions of dollars in unjustified expenditures on classroom trailers, emergency generators, change orders and staff expenses for meals and cars.

In light of those problems, she said, the SCC has agreed to install an inspector general at the agency.

"The SCC has made a great deal of progress since April," said Cooper, who had ordered a freeze on new construction contracts about a month after her review was launched last February. "Because new leadership has proven their commitment to build schools efficiently and have implemented, or are in the process of implementing, my recommendation, I have proposed to the Governor that the agency be able to resume spending on new contracts."

Kelley Heck, spokeswoman for Gov. Richard Codey, said the outgoing governor is pleased with the improvements Cooper noted.

"Certainly, there is more work to be done," she said after reviewing the report.

Codey assigned Cooper to review the agency after a Star-Ledger analysis found that six schools built by the state had cost, on average, 45 percent more than 19 schools built without state oversight at the same time. The Star-Ledger revealed that change orders had boosted construction costs by about 20 percent and that $1 billion in work had been awarded to contracting firms that were members of a statewide organization whose executive director chaired the schools corporation's board.

Cooper confirmed those findings in her first report last April and cited a "wide range of internal weaknesses" that "make the agency vulnerable to mismanagement, fiscal malfeasance, conflicts of interest and waste, fraud and abuse of taxpayer dollars."

Her new report provided details of those shortcomings.

Cooper described one instance, without naming the particular employees or company involved, in which SCC employees were found circumventing agency rules and "creating misleading documents" to rush $1.6 million in payments to a private contractor.

"During our investigation, SCC employees involved in this conduct were not forthcoming and attempted to mislead the investigation," the report says of the episode still being investigated.

SCC employees, according to the report, also skirted state ethics rules by sharing restaurant meals with private vendors working for the program, who then passed the costs of the meals on to the state.

Cooper found the SCC has wasted millions of dollars on emergency generators for dozens of schools that may not need them and on temporary classroom units, or classroom trailers, that were bought when not needed and, in one case, purchased at a premium, then left to sit, unused, in a field for a year.

The report also says the agency has documented and claimed credits for at least $263,000 in office equipment and computers that private construction management firms on contract to the state bought for themselves and improperly charged to school construction projects.

"Because of the numerous issues that have been raised regarding SCC's past operations, OIG recommends that SCC create a staff position of Inspector General," the report concludes. "This position will add confidence that SCC is operating with fiscal integrity."

The SCC was set up after lawmakers authorized $8.6 billion to help suburban communities build schools and to meet a state Supreme Court order for a state-funded overhaul of decrepit public school buildings in 31 needy communities.

Last year SCC officials revealed the money was all spoken for, with only 71 of more than 200 proposed schools slated to get built.

In light of the questions surrounding the SCC's performance, lawmakers declined last year to consider a bill that would have pumped almost $3 billion into the program.


Dunstan McNichol covers state government issues. He may be reached at dmcnichol@starledger.com or (609) 989-0341.
© 2006 The Star-Ledger. Used by NJ.com with permission.

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