Testimony reveals
how out of control DOT has become
THIS WEEK’S TESTIMONY before a Senate panel should dispel any
naive notions that the mess at the state Department of
Transportation can be cleaned up by firing executive director
Elizabeth Mabry or changing the way the agency’s governing board is
appointed.
Two department officials — testifying under oath, at times in
tears and obviously fearful of retribution — said top managers
ordered the books to be manipulated so the Legislature would think
the agency had less money than it actually did. One of the
officials, the comptroller, walked senators through the steps she
took to delay reimbursement for $78 million the state was due from
the federal government. Such delays cost the state $1.5 million in
interest, but it kept the Transportation Department off-limits from
a cash-strapped Legislature that was raiding every pot of money it
could find just to keep the government operating.
The testimony for the first time makes it clear that top
executives at the department deliberately deceived the General
Assembly, the governor and the public.
The allegation that the agency manipulated federal billings is
not new. It was first raised publicly by Transportation Commission
Chairman Tee Hooper more than a year ago. It was substantiated in
the Legislative Audit Council report that prompted the Senate
hearings. But lawmakers had been struggling with what to make of it,
because Ms. Mabry and other top officials had adamantly and
unequivocally denied that any sort of manipulation occurred.
The denials continued on Thursday, until it finally became
apparent that officials were playing word games, using a secret
language that senators are only now beginning to decipher: The
agency hadn’t delayed billing the federal government for
reimbursement, the panel was told, but had rather deferred the
requested payment date — or some such semantic double-speak.
As Sen. Larry Grooms, who is chairing the hearings, explained it:
“You’ve got terms of delay, deferral, deferment, which you’d think
was the same thing but it isn’t, obligated, deobligated, reobligated
— they all mean something slightly different, but it’s ways of
hiding behind something or just skirting the answer.”
It would be bad enough if Transportation Department officials had
merely squandered precious state resources by writing sloppy or
overly generous contracts, engaged in high-level favoritism and
ignored regulations that top officials find inconvenient — none of
which seems to be seriously in doubt.
But according to state auditors and now employees who actually
had to carry out the dirty work, top officials have plotted to
deceive the Legislature. And once caught by auditors, they ratcheted
up the campaign of deception, wrapping it all in indignant denials
and condescending lectures.
This is an agency that is out of control and, worse still,
uncontrollable: Ms. Mabry retains the support of at least four of
the seven members of the agency’s part-time, unelected governing
board. The members of the governing board cannot be removed, even if
their patrons in the Legislature wanted to remove them. It is an
agency that answers to no one. It has taken full advantage of that
complete and total autonomy, becoming the very definition of a rogue
agency. And it will continue to operate as such until we do what 41
states have done, and put the agency and its director under the
control of the
governor. |