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The New Media Department of The Post and Courier
THURSDAY, DECEMBER 14, 2006 7:04 AM

Light shed at DOT hearing shows legislative persistence paying off

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.


This article was printed via the web on 12/15/2006 4:54:05 PM . This article
appeared in The Post and Courier and updated online at Charleston.net on Thursday, December 14, 2006
.