California - Listen Up: It's been 14 Years and Counting Since This Blogger Reported the Scam to the FBI....and It's Cost You Over $1 Billion

 

An Open Letter to Governor Jerry Brown, California State Senators and Assemblymen and women:

 

Fourteen years ago this week, I found myself forced to go to the FBI and report illegally sole-sourced construction products in higher education - because no one would do the right thing in six years at my job. 

A woman architect 20 years my senior and a colleague at the job had killed herself in utter frustration of the lack of adherence to public contract codes at the University of California - where we worked. 
 

Run out of the job in early retirement for arguing with bosses over continuing and wholesale illegal construction specifications put out in bids, she had begged me between gulping sobs, on the phone from her home in Mill Valley, "Janet, you just have to do something about all those illegal contracts going on at UC- how do they keep getting away with it?!?!" over and over....and the next day...... 


And so I have - don't even think I'm going away, either, until this is done.  

Eight years ago, the State Auditor was finally allowed by the Legislators controlling them to do an Investigative Report on the same specs of one of 20 years' worth of similar specifications on an over 110-building campus. SIX YEARS after my initial report..... 

Last year, finally, the Legislature heard about the depth and breadth of the scam statewide, and the State Auditor's report. They passed an emergency law that was gutted of the key provisions to stop the scam (AB 635). THIRTEEN AND A HALF YEARS after my initial report....

It has cost California over $1 billion dollars since my first report. 

In contrast, the largest land mass state east of the Mississippi smelled a rat with similar specs from the same manufacturers in December, 2010, and stopped the scam in two and a half weeks - statewide.  

Just how much longer is California going to fiddle while its' credit and economy burns to the ground?

Gov. Brown, if you truly want to stop the bleeding, you'll give me a call. I can easily give you a short list of what needs to be changed - to assure continuing massive fraud and waste of the taxpayer dollar stops - and especially in K-12 and College/University funding.

It's so simple....but you haven't "got it" - yet.

Sincerely, Janet Campbell, Architect  
Formerly on the Georgia Board of the American Institute of Architects, elected from the 1200-member Atlanta Chapter three years in a row, 97% of the vote each time......

Las Positas Community College Roofs, Livermore, California

It's the old game of "if they can get away with it so can we." And "Hang the overruns, we will do whatever we want because no one will prosecute them!"  

This time, it's Sarnafil.

Here's how they "cooked" the bid process and specs for the Las Positas Community College, New Science Building and general alterations to another, in Livermore, California.

1. Use of incorrect spec data. That is, the wrong ASTM numbers were used, in a long list of "tests" to be met.

For instance: Use of ASTM D5147 as the test for specific attributes, when it is only a basis for all the actual tests to be done on the roofs. That is, take so much of a product to use for the succeeding, actual specific attribute tests in the ASTM Test Listings. Specific tests are other numbers, and not called out for in the following product attributes: Breaking Strength, Ultimate Elongation, Cold Bending and Water Absorption.

The real tests are not listed - hence you can't compete with an incorrect specification. The listing is incomplete at best and fraudulent, leading the consumer to believe a valid number was used and is a competitive bid spec. The specification is a restrictive proprietary performance spec, non competitive and illegal by Public Contract Codes.

Anyone know how much in Federal Funds this college gets?

For instance: The University of California mixes all their fund sources together, so it makes all construction contracts liable to Federal Law....and I'll bet it's the same for this California College. It's the method College and University Administrators use to skirt the law - but it makes them also more liable....if the Federal Attorney General's Offices decide to protect the taxpayers and prosecute.

2. Use of restrictive specs. That is, too many product tests were listed, some which mean nothing to the overall good of a competitive system. Also used or missing were:  

     a. VOC content maximum numbers for a listing of 12
         specific products associated with the single-sourced
         product.  

     b. Missing Strength Data (Compressive). Note: The
         ASTM Roofing Committee added Compressive Strength
         as a necessary component to roofing systems to their
         testing procedures in the early 2000's, as there are
         companies claiming erroneously that only Tensile Strength
         was important.

      c. Only one specific value for various materials are 
          listed, instead of minimums or maximums, the 
          competitive way to bid products.  
          For instance: The Thickness is called out as one
          specific mil, not a minimum.  
          Also: Initial Reflectivity, Initial Emissivity, and Solar
          Reflective Index do not state minimum or maxium
          to the value listed.  

3. A rep attempting to submit a listed alternate was told by the staff in charge of the contract that the College was " standardizing" on Sarnafil and would not be accepting any equals - and walked off. Despite what was listed as an acceptable alternate in the bid specification. Let's just hope previous roofs at Las Positas Community College were actually competitively bid - because if they were, they are probably still under a real warranty....which should not be ignored to "redo" roofs under this new "standardized" system of illegally sole-sourcing roofing products.  

Question: At what point do prosecutors "get" the huge overruns from such practices affecting California's budget, and decide to take on the problem? Are they really that "clueless" - or covering up?

Below are some of the pages of the specifications, noted with the issues seen.

OK, OK, Tremco, we know it's not just you all and Garland.....

Don't you worry your pretty little heads now - we "got it" , Tremco.

You're upset that Simon Roofing is taking Hickman's place in the "big 3" of the scammers. I saw that.....you know what I am talking about. I got your message.

We've been aware of them since Day One. Really!

So why don't you send some of your emissaries to tell me about the specs they see coming from them? I'll put them up, too, fair IS fair, after all! Everybody else does it, for crying out loud! (Alright, you ex-Hickman guys laughing.....) So the rest of you - Ya'll all laughing now out there now?

Just look at the next few posts....there will be more of the same fraudulent specs from other players....put succintly, and if you need to take anyone to task - there's the formula!

It's simple, really. It's fraud.

There is something the Legislative Aides involved in the hearing that was held June 30th at the California State Capitol told me this Fall should frost those of us that truly love this country: A South African delegation was observing their work, and of course their information on the roofing scam, and told the aides, "Why would we want to be like you, a democracy, when you are so corrupt?" 

That's your legacy, Tremco and Garland. And those playing copycat. 

How many of us like looking like the scammers - all of us painted with their stripes?

However, 2010 was a banner year, in many ways. Some of you know that I went to the FBI with illegally-written roofing specs in January 1997, after the head of all of the Building Managers at the University of California, San Francisco told me (a Senior Architect on staff) that they were taking "payola" and that was why I was not being allowed to do normal competitive bid specs.

It has taken 14 years to the month now, and still the California Legislature cannot pass a law that holds government officials and educators/administrators to a felony for taking kickbacks in all kinds of roofing projects. Nor have they stopped the scams - which you will see in the next few posts.

Many other states and now entities in other countries are very interested in what is going on....and one contacted me in December. Their staff accurately "smelled a rat" with illegally sole-sourced specs in public work. This state ordered the architect to start over, told those putting out the specs in the public agency the same....and within 2 and a half weeks, have quietly shut down the scam in their whole state.

That's right.

California's taxpayers have been losing since notified - for 14 years.

The other state, a win for their taxpayers since they discovered the scam - in 2 and 1/2 weeks, start to finish.

You can do it too, folks here in California and other states battling budget woes!

The New Jersey Scam Fighter Goes After School Funding Issues with Gov. Christie

For those who don't know, Doug Wicks was working as a roof consultant in the early 1990's and saw the roofing scam firsthand - while trying to get prison roofs done.

Eventually, he got the New Jersey State Commission of Investigation to look into the School Roofing Scam, in their Report of 1999 put out in Sept., 2000, "Waste and Abuse in School Roofing Projects", seen here: http://www.state.nj.us/sci/school.shtm  

Nothing has happened to stop the scam in the ten years since the report came out. 

However, WP Hickman, the second Tremco "derivative" firm, has gone bankrupt - and they have a bunch of 3-year failing school roofs - leaking badly - from shorting the asphalts between the plies - and all under "warranty".

One former WP Hickman rep told me of being told how to pull out kickbacks in the year prior to the bankruptcy (the example he was given by another employee was $40,000) from their contracts - short the asphalt.....

So Doug is now going after School Funding.

Why fund all these unecessary - and badly installed - roofs at such a huge premium?  

Let's hope Governor Christie listens to Doug! 

Here's a link to what Doug is up to - and it's good stuff! In the Star Ledger, by Paul Mulshine: "Doug Wicks weighs in on how Christie should fight the court to regain control of school funding"  
located at: http://blog.nj.com/njv_paul_mulshine/2010/10/doug_wicks_weighs_in_on_how_ch.html

A New Florida Blog on the Roofing Scam - by a Roofing Contractor!

Well, well, well!  

Are we having fun yet????  

Now we have a fifth blog going after the School Roofing Scam! And the second, in Florida.

I want to introduce you all to Robert R. "Ron" Solomon, a recently retired (after 37 years) State Certified Roofing Contractor, and Licensed Consultant in Florida - and his avid, rabid writings...no, just kidding! Ron is paralyzed by a hemorrhagic stroke - but you would never know it....an incredible writer, he has found a mission...and he's doing it very, very well! We have been in touch for some time, and his writing is delightful. You will enjoy reading his posts - and he deals with all kinds of issues surrounding roofing, not just the scam - but he's definitely informing many people of it.

These are the kind of Americans America needs! Enjoy reading Ron - for all the roofing contractors out there feeling stuck by having to do these roofs when they don't want to....and for all the manufacturers who thought a roofing contractor would never speak up like this! Ron speaks on behalf of taxpayers, and approaches all topics based upon scientific principle, and public record, never offering "opinion".

We now have a number of people going after the issue across the country, openly....and it's very, very good for all! Ron joining the party is great - he will be the Life of the Party - trust me!  

Here's his blog: Florida Roofing Resource Web at: http://wikiroof.blogspot.com/  

And here's his latest letter to me - reprinted with his permission - you'll get the drift of just how funny and determined this guy is - a real delight!
" Janet: Forgive me, but what an ass kicking middle name: Coral. I just asked Christy for a divorce, and can you pick me up at the Greyhound station there in San Francisco? Janet, you know I'm the perpetual teenager, and really love to enjoy freedom of expression. I refuse to grow up. Sadly, I can't seem to stay awake 24 hours each day to pursue the savages in the roofing industry alone, as I find lying, cheating, and stealing running rampant at every turn. By now, I think you know I've worn out 7 sets of brass knuckles (and have eaten a few) on proprietary setups. When I first started researching legal actions in roofing, I ran across your blog and flipped out. You were living out the character I wanted to be. You and I share the common trait of passion for what's right. Like I said before, I would be right there at the courthouse with you. I will link your blog tomorrow as a badge of courage. I have drawn energy from your effort, when I couldn't possibly generate one molecule on my own. You know how exhaustive our work is, but we have to stay vigilant, and expose these thieves for what they are. You're my absolute favorite, number one, hillbilly pal. Ron "The Hit Man" Solomon [P.S. I told him to stay with his wife....I am too ass-kicking as it is!...Comes from the super smart and determined West Virginia side of the family - once you mess with one of them, heaven help you!  I also told Ron where the name Coral came from - an Italian great aunt.....but  it's also the most poisonous snake on the North American Continent......]

A Horrified School Board Member Discovers the Scam - and puts it up on her blog

A horrified - and angry - School Board Member in Florida has "got it" - in Florida.

Her name is Jackie Porter - and she's a School Board Member on Florida's Marion County School Board, District 2.

She's also now the fourth blogger on the subject of the school roofing scam, in the US.

It's going on in other countries, if you didn't know it...you ought to see who comes on this blog! Whoa!  

So all of the School Board Members feeling embarrassed - don't be. Get angry, and do what you need to do to protect your kids and education. (Unless you got kickbacks...oh boy!)  

Here are her posts:  
"Shocking News about Roofing Vendors Being Used by our Public Schools" at: http://www.jackieporter.com/Shocking_News_about_MCPS_Roof_Vendor.html  
and  
"Actual Images of Roof Documents Shown Here" at:
http://www.jackieporter.com/See_the_Roof_Docs__for_Yourself.html  

Company in question? Garland.

Congratulations, Jackie - good going!

The Governor's Remarks to the California Legislative Committee re: Assembly Bill AB 635

The governor signed the bill - and sent back a rare note to the Committee on Accountability and Administrative Review.  

Governor Schwarzenegger told them in no uncertain terms to "do more".

He's absolutely, unequivocally right. Good for Governor Schwarzenegger!!!

As the bill stands now, it requires those not on the take forced to certify they are not, and to the very ones who are. With nowhere safe to go to report the scam for design professionals or industry personnel.

The California State Auditor is the only safe place to go to in the state, we proved over the past 13 year-effort. What a beautiful, continuing scam of the taxpayer!  

California was given a golden opportunity to stop this massive scam with one penstroke. They didn't do it.  

The State Legislature needs to stop those in government and on School Boards and in facilities including the Directors on down taking kickbacks and/or forcing sole-sourced "Cradle to Grave" overpriced contracts - and get those taking kickbacks appropriately charged and exposed.  

And the state needs to stop those not licensed to practice architecture and engineering from doing so - making these kind of "purchasing" decisions.

California also needs to protect whistleblowers and stop playing "it's not our duty to protect those who are acting as per the Qui Tam Laws" -in the place of the King, doing in professionals' cases their duties - while using the information - like here - to act like they are doing something when they are acting in a way that effectuates nothing.

You can do a lot better, Legislature, if you wanted and want to.

Also: There are enough retired architects with real detailing experience.....and engineers of the same higher caliber (trained elsewhere) ..... to fill these boards and positions, not trained musicians or housewives running Facilites, Contracts and Purchasing (as was true in my case at UCSF).

And one other thing - Don't believe me about who is involved with the kickbacks - the Key Decision Makers (who shouldn't be making such decisions in the first place)? Try hearing for years from involved Facilities Managers in Education and a former School Board President gloating and laughing over everyone getting payola, or reports of $20,000 boats, leased Mercedes, and $10,000 in cash and coupons to school board members and officials - IN CALIFORNIA. And hearing it from those who gave or got the kickbacks.

So for the disbelievers - look at the Sept. 6th roundup of officals on the take in New Jersey in this scam - and weep.... These are ABC and AP reports, and CNN actually carried the story as well as WABC TV in New York City. Members of one party in New Jersey told those running a roofing contracting sting who to go to next across the state to pay off and get more roofing contracts...that's right, they all knew who else could be paid off.......they caught 2 Mayors, 5 City Councilmembers, and 4 School Board Members, one a President of his School Board, and more: Hmmmm.......

NEW YORK CITY & NEW JERSEY MEDIA REPORTS - Eleven Public Officials caught taking bribes for roofing contracts in Public Works Contracts - See: http://www.nysun.com/national/legislators-mayors-arrested-in-new-jersey-bribery/62077/ http://blog.nj.com/ledgerupdates/2007/09/11_nj_officials_arrested_on_br.html http://abclocal.go.com/wabc/story?section=nj&id=5640158 http://www.nj.com/news/index.ssf/2007/10/steele_in_court_today_on_corru.html http://www.nj.com/news/index.ssf/2007/11/former_pleasantville_school_bo.html  

From the New York Sun: Legislators, Mayors Arrested in New Jersey Bribery Sting By TOM HESTER Jr., Associated Press September 6, 2007 TRENTON - FBI agents arrested 11 public officials in towns across New Jersey today on charges of taking bribes in exchange for influencing the awarding of public contracts, the U.S. Attorney's Office said. Two of those arrested are state lawmakers, two are mayors, three are city councilmen, and several served on the school board in Pleasantville, where the scandal began. All 11, plus a private individual, are accused of taking cash payments of $1,500 to $17,500 to influence who received public contracts, according to criminal complaints. "Today we witnessed another example of the disease that affects the state of New Jersey; the disease of public corruption that spread like wildfire from south to north," the U.S. Attorney for New Jersey, Christopher Christie, said."  

From ABClocal.go.com: "Among those arrested this morning: The three-term mayor of Orange, New Jersey and State Assemblyman Mims Hackett, Jr. The mayor of Passaic, New Jersey, Samuel Rivera. Assemblyman Alfred E. Steele of Patterson, who is also a Passaic County under-sheriff and a Baptist minister. Keith Reid the Chief of Staff to the Newark City Council president. As well as, a current and former city councilman from Passaic. The 18 month investigation was a government sting operation. This allegations include bribery. These officials all allegedly, accepted the corrupt payments from companies that offered insurance brokerage or roofing services to school districts and municipalities, according to the criminal complaint. The defendants alleged demanded and accepted payments ranging from $1,500 to $17,500, at any one time. "  

From NJ. com: "Former Pleasantville school board member admits accepting bribes Published: Thursday, November 01, 2007, 2:01 PM Updated: Thursday, November 01, 2007, 2:08 PM The Associated Press A former Pleasantville school board member today pleaded guilty to attempted extortion after being arrested in September as part of a federal investigation involving nearly a dozen public officials in North and South Jersey. Maurice "Pete" Callaway, 53, admitted in federal court in Camden to accepting $13,000 in bribes to help a cooperating roofing business and an undercover insurance brokerage company get public contracts. He faces between three years and nearly four years in prison when he's sentenced in February. Pleasantville's former school board president pleaded guilty to the same charge last month."  

And from NJ.com: "11 NJ officials arrested on bribery charges Published: Thursday, September 06, 2007, 8:20 PM Updated: Thursday, September 06, 2007, 9:28 PM Jeff S. Whelan Tony Kurdzuk/The Star-Ledger With a tear in his eye and surrounded by reporters, Passaic Mayor Samuel Rivera leaves the federal courthouse in Trenton after his first appearance on bribery charges this afternoon. FBI agents this morning rounded up 11 New Jersey public officials on bribery charges related to roofing and insurance contracts following an 18-month operation that swept the state from south to north, authorities said. The investigation probed nearly every layer of government, beginning with the Pleasantville school board in Atlantic County, and gradually widening to include state assemblymen, mayors and current and former councilmen from Passaic and Essex counties, according U.S. Attorney Christopher Christie.

"I thought I could no longer be surprised by a combination of brazenness, arrogance and stupidity, but the people elected in this state continue to defy description," Christie said at a late-afternoon news conference, warning other politicians: "We will continue to gather you in corrupt bunches and send you to jail.""  

Wonder what the now Governor Christie would say about this situation here!