Criminal charges may arise from SCC mess

Friday, January 27, 2006 • BY DUNSTAN McNICHOL • Star-Ledger Staff

The inspector general, whose analysis prompted sweeping reforms at the state Schools Construction Corp., told lawmakers yesterday it is possible criminal charges will be pursued against individuals or firms responsible for millions of dollars in questionable spending.

"We are currently in the process of looking at some things that may or may not result in matters that we think the criminal prosecution agencies in this state would want to take a look at," Inspector General Mary Jane Cooper told lawmakers during a half-hour appearance at the Assembly Education Committee. "I have had discussions with criminal prosecution agencies in New Jersey."

Cooper has been reviewing the $8.6 billion initiative to rebuild public schools for almost a year, following a report in The Star-Ledger that detailed massive cost over-runs, change orders and professional fees that added hundreds of millions of dollars to the cost of the state school projects.

The Construction Corp. has been barred from issuing new contracts since last March, when Cooper said lax oversight and management flaws undermined the program.

Earlier this month, in her third report on the corporation, Cooper said an ongoing overhaul in personnel and practices had shored up the agency sufficiently to allow for the freeze to be lifted.

But in that same report she detailed several examples of waste and mismanagement that raised new questions about the agency.

For instance, Cooper noted one episode in which SCC staffers had apparently created misleading documents to boost payments to a private company by up to $3.4 million. She highlighted another instance in which millions of dollars had been wasted on rushed orders for temporary classroom trailers that ended up sitting, unused, in a field for a year.

The SCC, which was authorized to spend up to $6 billion on a court-ordered overhaul of hundreds of decrepit public school buildings in 31 poor communities and $2.6 billion subsidizing construction elsewhere, has spent all that money with hundreds of schools left to be built.

Lawmakers are reviewing reforms at the agency as they consider whether to authorize billions in new spending for the program.

Assemblyman Joseph Malone (R-Burlington), a harsh critic of the school building program's failures, was dismayed that Cooper could not estimate the total amount lost to waste and mismanagement in its first three years.

"If you can't have the teeth to get in and really hone in on these issues, how do we really feel comfortable how we're going to move forward on this?" he asked. "There have to be people who signed off on stuff that you know were not legitimate."

Cooper, who was asked by three lawmakers whether she had referred any issues to criminal prosecutors, said only that she meets "informally" with representatives of the Attorney General's Office to review pending matters.

"It's not a formal process," she said. "I actually meet with them about once a month to tell them what we're doing."


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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