Scathing report sways planner of new schools

Construction Corp.'s Spencer says he will heed inspector's findings
Friday, April 22, 2005 • BY DUNSTAN McNICHOL • Star-Ledger Staff

The head of New Jersey's beleaguered school construction program agreed yesterday to the extensive reforms called for in a scathing report by the inspector general, while lawmakers demanded public hearings and a criminal probe into evidence that the program has squandered hundreds of millions of dollars.

Jack Spencer, chief executive officer of the Schools Construction Corp., said he plans to meet with acting Gov. Richard Codey's staff Monday to begin carrying out the reforms, with an eye toward resuming the stalled $8.6 billion construction program.

"Like any new start-up program, there are always growing pains -- lessons to be learned and procedures that can be done better," Spencer said in a statement released shortly after his office received the 15-page report from Inspector General Mary Jane Cooper.

In an interview, he added, "We accept the recommendations."

The Schools Construction Corp. was set up 2 1/2 years ago to manage a court-ordered overhaul of public school buildings.

Cooper's two-month review began after The Star-Ledger reported that schools built by the SCC cost 45 percent more than locally managed school projects. Cooper's review found "lax and/or non-existent oversight" that left the corporation vulnerable to "mismanagement, fiscal malfeasance, conflicts of interest and waste, fraud and abuse of taxpayer dollars."

The inspector general laid out 10 specific recommendations for shoring up the school-building program, including hiring a chief financial officer, retooling its land-acquisition program and scaling back the role of 13 private project management firms that are scheduled to collect $462.5 million from the corporation.

"Today's report confirms that this close look was warranted and that real changes need to be made from top to bottom at the Schools Construction Corp.," said acting Gov. Richard Codey, who directed Cooper in February to conduct the review. He said he is directing attorneys in his counsel's office "to begin working with SCC's board of directors immediately to implement these recommendations."

Republican lawmakers, meanwhile, called for a public accounting of the corporation's miscues.

"There's going to have to be some consequences for some of the mismanagement that occurred these last few years," said Assemblyman Kevin O'Toole (R-Passaic), who asked Attorney General Peter Harvey to consider a criminal probe into the corporation's dealings. "The report calls out as to whether this conduct or malfeasance rises to the level of criminal activity."

Sen. Tom Kean Jr. (R-Union) called for public hearings with Senate subpoenas to compel testimony and documents.

"The preliminary report contains evidence of gross waste and mismanagement that is so excessive and widespread as to require an immediate response from the Legislature," Kean said in a letter to Sen. Ron Rice, chairman of the Legislature's Joint Committee on the Public Schools.

Last week, at a hearing before the Joint Committee, Spencer defended his corporation's track record and spending, saying allegations of cost overruns and waste in the program were "misconceptions."

In the preliminary report she delivered to Codey yesterday, Cooper listed $115 million in specific questionable expenditures, and she challenged the rationale for hundreds of millions of dollars more.

"In the early stages of carrying out the review, we realized that there were areas of inefficiency and waste in SCC practices," Cooper wrote in her cover letter to Codey. "All of the recommended changes are critical, feasible and should be quickly implemented so that the construction of schools can continue in an efficient, non-wasteful manner."

Spencer said he hopes that after the meeting with Codey's staff he will be able to set a timetable for launching new school projects and approving change orders to ongoing jobs. Those approvals have been suspended since March 10, when Cooper first raised concerns about the SCC spending.

Spencer said some of the inspector general's recommendations, such as eliminating $227,000 in bonuses paid to SCC employees in 2003 and 2004 and reviewing the need for three SCC regional offices, are already in the works.

"We welcome her recommendations and are currently identifying ways we can implement them -- as well as others we've developed independently -- either immediately or as soon as possible," Spencer said. "The SCC is prepared to take whatever steps necessary to implement additional internal and external controls to ensure that every dollar is being spent appropriately."


Dunstan McNichol covers state government issues. He may be reached at dmcnichol@starledger.com or (609) 989-0341.
© 2005 The Star-Ledger. Used by NJ.com with permission.

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