SCC chief quits troubled agency

With $6B nearly gone, schools unfinished
Friday, August 19, 2005 • BY STEVE CHAMBERS • Star-Ledger Staff

The embattled head of the New Jersey Schools Construction Corp. resigned yesterday, leaving behind an agency nearly broke and under fire for its spending practices and hundreds of broken promises.

Jack Spencer, an experienced construction engineer, took the reins two years ago, as the SCC was belatedly starting to deliver schools to the state's poorest districts. But he spent the past six months defending his agency at testy legislative sessions and delivering bad news to frustrated superintendents.

The SCC was designed to answer a state Supreme Court mandate to replace crumbling and obsolescent schools in 31 struggling districts. Lawmakers approved $6billion for the task, throwing in an additional $2.6 billion to subsidize construction in wealthier districts.

But with the money nearly gone and hundreds of urban projects unfinished, Spencer became the most public face of the debacle. His resignation is effective Sept. 7.

Some were hopeful yesterday that the abrupt departure of the chief executive officer would cool tempers and move lawmakers closer to what they consider an inevitable debate: determining how much money is needed to get the schools built, and where to find it.

"Placing blame doesn't accomplish much, but if some critics feel this is a significant part of a 'fix,' then perhaps it will help," said Raymond Lindgren, assistant to Newark Superintendent Marion Bolden. "I've seen nothing in any discussion that implied Jack Spencer did a negligent job or was involved in anything inappropriate."

Others scoffed at the notion the controversy could die down.

"This goes much, much deeper than Jack Spencer," said Assemblyman Joseph Malone (R-Burlington), a member of both the education and budget committees. "He probably got fed up because it was out of his control. This thing was run like a political campaign, and they milked a cash cow dry in two years."

Spencer was not asked to resign, but critics and supporters said he was unlikely to survive the ongoing shakeup that has followed the state inspector general's finding of mismanagement and possible misuse of state funds.

A spokeswoman for acting Gov. Richard J. Codey declined any comment on the job Spencer had done, willing only to confirm his resignation had been accepted.

Alfred C. Koeppe, the former president of Public Service Electric & Gas who was brought in by Codey to oversee massive reforms of the SCC, praised Spencer for his skills as an engineer. But he also said he had been "coaching" Spencer on other aspects of the job and conceded serious internal discussions were under way to "upgrade" the staff.

Koeppe said a decision has not been made on Spencer's replacement but would be made soon.

"Clearly, we will lose some continuity, but I don't see it as a bump in the road," Koeppe said. "We've got a pretty good plan in place. We're moving forward."

Koeppe specifically noted the addition of Peter E. Maricondo in May as the SCC's first chief financial officer.

Supporters were quick to point out Spencer inherited the system just two years ago, and they praised his honesty throughout a trying six months.

"It's a loss," state Sen. Ron Rice (D-Essex) said. "I don't care what anyone says. He has always been upfront. He inherited one hell of a lot, and he had bosses to answer to."

Rice said a replacement must be named quickly and urged his colleagues to move forward with more funding. He has introduced legislation that would provide $2 billion more for poor districts and $1 billion more for wealthier ones.

As Inspector General Mary Jane Cooper investigated and the SCC pledged serious reform, work on new projects began to slow, then ground to a halt as officials tried to figure out which projects they could actually complete.

Last month the SCC board announced it had the money to finish 59 projects for a total of 132. That left hundreds of others in limbo. In some cases, land had been partially acquired, while other projects were still in the design phase.

The Education Law Center, a Newark group that filed the lawsuit that established the funding program, has gone back to court seeking more money.

Spencer began fighting criticism in February, after a report in The Star-Ledger documented questionable spending on professional services and cost overruns. The newspaper found SCC schools were costing 45 percent more to build than those completed by wealthier districts.

Codey directed Cooper to investigate, and her scathing report in April found glaring gaps in oversight and accountability that led to millions of dollars in questionable spending.

Among other things, the report found the SCC approved $22.9 million in extra construction costs made necessary by architectural design errors, and paid local governments $67 million for publicly owned land.

"The agency is not properly equipped with the internal management, financial controls and personnel necessary to ensure that the money is properly and appropriately spent," Cooper concluded.

Spencer said he will return to New York, where he worked with the Port Authority of New York and New Jersey for 33 years before taking the SCC job in 2003. At the time he left the Port Authority, he was its deputy chief engineer, the No. 2 man in a mammoth engineering operation.

In an interview yesterday, Spencer said he will be involved in the gargantuan effort to rebuild Lower Manhattan after the Sept. 11, 2001, terror attacks.

"That is something that is very close to me," he said. "I lost a lot of friends on 9/11."

Spencer acknowledged the past six months have been difficult, but he said he believed the reforms have created a leaner, more efficient organization. He said he is hopeful lawmakers will see fit to replenish the fund.

"Starting from nothing four years ago, we got up to doing billions of dollars in construction," he said. "We've delivered a lot of schools to kids. Was every decision that got made the best? In retrospect, anyone can always second-guess us. But I am proud of what we were able to get done."


© 2005 The Star-Ledger. Used by NJ.com with permission.

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