Legislators have endured long hours of dodges and denials by top
officials at the state Department of Transportation in recent hearings,
mainly regarding delays of federal reimbursements cited in a recent audit
of the DOT. But on Tuesday two officials told legislators that the
reimbursements were withheld as a matter of policy in an effort to mislead
the Legislature about the financial condition of the agency.
So light finally is being shed from within DOT about agency
shortcomings cited in a recent audit. It is a testament to the persistence
of legislators holding the hearings and officials of the Legislative Audit
Council who have patiently explained their findings to counter DOT
obfuscation throughout the process.
While other agency executives have dodged questions, Comptroller Angela
Feaster and deputy state highway engineer John Walsh deserve credit for
their candor. Their testimony should put an end to a contentious issue
that has consumed hours of committee time.
They told the Senate committee chaired by Sen. Larry Grooms,
R-Berkeley, that the delays in seeking federal reimbursements worth $178
million to the state were decided as a matter of policy in a meeting of
DOT officials in December 2003. The decision, they said, was made to keep
fund balances low in the expectation of legislative scrutiny.
Mr. Walsh said DOT Executive Director Elizabeth Mabry told him at a
separate meeting that cash balances had to be kept low during the
legislative session, the Greenville News reported. It had been speculated
that the agency hoped to make a stronger case for increased funding from
the Legislature by appearing to be strapped for cash.
Meanwhile, the DOT lost an estimated $1.5 million in interest because
of delays in getting federal reimbursements for road work the state had
completed.
Mr. Walsh tearfully acknowledged to the committee that he feared for
his job, but said he felt it was important to tell the truth: "I can look
at my wife and daughter, and know I did the right thing."
While Executive Director Elizabeth Mabry hasn't been available for
questioning in recent hearings, her earlier testimony was sharply at
variance with that of Mr. Walsh and Ms. Feaster.
"I would not lie to you," Mrs. Mabry told senators last month,
according to the News. "I would not hide any funds from you, and I resent
any implication of that." Those remarks, which were not made under oath,
followed the same line as DOT's more extensive written response to the
audit.
Despite legislative concerns expressed as a result of the testimony at
hearings in recent weeks, the highway commission as a body has been
unwilling to date to even discuss the audit findings, much less make
needed reforms. Commission Chairman Tee Hooper told Sen. Grooms' committee
"The majority of the commissioners don't want to discuss it or want to
wait until after all the hearings," according to the News. "I can't force
them to the table"
That should encourage the persistence of legislators in their efforts
to get the full story on the DOT, to the extent of calling Mrs. Mabry to
account when she returns to work. (She has been instructed by her
physician to take medical leave for the rest of the month, a DOT spokesman
said.)
As Sen. Grooms observes, the agency's credibility has suffered badly
under executives who have been willing to mislead legislators in their
response to the audit. Substantive reform will be required, and it will be
up to the Legislature to provide it.