By Tim Smith CAPITAL BUREAU tcsmith@greenvillenews.com
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COLUMBIA -- State Department of Transportation Executive Director
Elizabeth Mabry told senators Friday that a critical management
audit of her agency was unbalanced, inaccurate and unfair.
The Legislative Audit Council audit report released Tuesday
alleged the agency has wasted millions of dollars in mismanaged
contracts and violated state laws and federal regulations. Auditors
spent four hours Thursday explaining their report to two special
Senate committees looking into its findings.
On Friday, Mabry and other agency officials spent five hours
responding to the audit, taking issue with many of the findings and
the methods. Mabry said her agency disagreed with 18 of the LAC's 44
recommendations.
"Frankly, the state of South Carolina does not need to be bashed
any more, neither does the Department of Transportation," she told
senators.
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Former State Highway Engineer Don Freeman told senators that "the
DOT was maligned" by the audit.
LAC Executive Director George Schroeder said afterward that he
and his staff had heard Mabry's complaints before.
"We stand behind the audit and we are prepared to defend it," he
said.
Three of seven DOT board members attended the hearing Friday and
had nothing critical to say about Mabry or the agency.
Sen. Harvey Peeler, who chairs one of the committees, asked if
tensions between commissioners over the direction of the agency "had
calmed down."
"I'm hoping it will," replied Commissioner Hugh Atkins of
Spartanburg. "One of the major problems is we aren't operating like
a commission."
Atkins said while there has been discussion in the public about
Mabry's future, the board hasn't held a formal meeting to discuss
what kind of job she is doing.
Last month, DOT Chairman Tee Hooper of Greenville told Mabry at a
board meeting that he thought she should resign. Mabry has refused
and has suggested in letters to newspapers that Hooper has attempted
to wreck the agency for political purposes.
Sen. Larry Grooms, a Berkeley County Republican who chairs the
other committee, said afterward that "my mind is not made up one way
or the other, who's right or who's wrong. I just want to be sure
that taxpayers' dollars are utilized wisely. And I'm still not
satisfied that is being done."
Mabry complained that the auditors didn't say enough about DOT's
accomplishments, didn't talk to the officials they should have and
incorrectly implied problems.
She said she told auditors that there was no truth to the idea
that the agency delayed reimbursement billings to the federal
government during the Legislature's session to either hide money
from lawmakers or convince them the agency needed money.
But the audit reported there was evidence the billings were
delayed deliberately during the legislative session. She said she
found the finding "offensive."
Bob Lee, administrator for the Federal Highway Administration's
South Carolina office, told senators there was no federal money
available for much of the time period in question.
However, officials said there was $200 million available in
January 2005 and the agency didn't bill until March. Mabry said she
would look at ways to make the process quicker.
She also took issue with findings that the agency wasted money in
negotiating a pair of consultants' contracts totaling $253 million.
The auditors reported that they could find no evidence of how the
agency negotiated the consultants' fees and estimated that the
agency wasted $8.7 million by agreeing to pay fixed management fees
even though DOT deleted nine projects from the program.
Mabry produced boxes of records from the consultants that she
said document negotiations. She said auditors, who dealt with a
subordinate, should have asked her for the records.
Mabry said she also felt criticism about a management consulting
firm used by DOT was unfair because it is a good firm and has
provided good services.
Auditors said the contract terms were vague and that DOT auditors
had not recommended allowing one of the consultants' contracts
because the firm's liabilities exceeded its assets. The firm also
used former DOT officials, paid up to $120 per hour.
Mabry said the firm had a letter of credit from a bank to offset
the internal auditors' worries. She said there was no favoritism
shown in hiring the firm, owned by the wife of a former DOT official
who also works in the company.
She said doing business with former DOT officials isn't unusual.
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