You don’t have to be an engineer to see that many of Central Oregon’s highways are falling apart. The roads are scarred with wheel ruts and littered with potholes and haphazard patch jobs. Exhibit number one being the Bend Parkway.
Conventional wisdom tells us that Oregon’s practice of allowing studded tires on its roadways is the reason that our streets are in such sorry shape. And there’s a good amount of scientific evidence that says that particular piece of conventional wisdom is right on. One estimate put the annual bill for studded tire damage on Oregon roads at $11 million.
There is another theory that has circulated among certain circles, one that I came across early on in my reporting career here in Central Oregon that has never been substantiated – at least to my knowledge. This theory, really more a rumor, held that some of the damage to our roads could be chalked up to lousy materials.
But even those who never heard whisper of an “asphalt conspiracy” would have been interested to hear what a former Oregon Department of Transportation employee had to say during a sparsely attended hearing in Bend last week. Michael Ray Perry told an administrative law judge that he personally tested hundreds of road projects that failed to meet state standards, some of which have already started to fall apart. Moreover, Perry said supervisors routinely dismissed his findings in an effort to keep projects steaming along.
A third generation ODOT employee who worked his way up from a striping crew to a quality assurance technician in Region 4, Perry spent nearly 25 years at the agency before he was fired last fall. Perry says the firing was retribution for his attempts to take public what he knew about ODOT’s road projects and the agency’s systematic failure to correct the problems. Managers who testified at the hearing said the agency investigated Perry’s claims and found them to be without merit and that he was fired for failing to show up to work.
“I couldn’t ever corroborate what Ray had come up with,” said Brian Burleigh, a human resources officer with ODOT’s Region 4.
“It just didn’t pan out.”
Perry said he was punished for doing his job and that he was ultimately fired for being a whistleblower.
Perry’s allegations, which emerged during his worker’s compensation hearing just across the street from ODOT’s offices where he used to work, are far ranging and include deliberate fraud to a pattern of rubberstamping sub-standard work in the field. The hearing included testimony from witnesses for Perry and ODOT with cross examination by lawyers for both that spanned two days and covered 15 years of Perry’s work as a quality assurance tech. It also produced a dozen of pages of technical documents that Perry says back up his claims of malfeasance by supervisors and project managers at the agency.
ODOT Spokesman Peter Murphy characterized Perry’s allegations as a human resources issue and declined to comment the case. However, Murphy provided a letter from the Secretary of States Audit Division clearing the agency of any alleged wrong doing related to a claim brought forth by Perry in 2006.
If Ray Perry is delusional, he’s fooled more than just himself. Several high powered parties have taken a behind the scenes interest in Perry’s claims. One of the first witnesses called by Perry’s counsel, Phillip Emerson, was Ben Westlund, the state senator from Tumalo and candidate for state treasurer.
Westlund said he was first contacted by Perry in late 2005 and met the then ODOT employee at Shari’s in Bend to discuss information that Perry had about the agency. Based on his testimony, Westlund has been in semi-regular contact with Perry since that time, steering Perry to the Secretary of State’s Audits Division and, later, the Oregon Department of Justice.
As a quality control officer who acted as a liaison between contractors and ODOT project managers, Perry had one of the most difficult jobs in state government, said Westlund. More importantly, he wasn’t allowed to do that job, Westlund said.
He went on to say that Perry has provided him with documentation that Westlund believes corroborates his claims.
“I do believe the claims Mr. Perry made are not only true but have far reaching implications about how ODOT currently conducts its business and must change in the future,” he said.
When told that Sen. Westlund had testified on Perry’s behalf, ODOT spokesman Murphy referred to Westlund as “just another person.”
According to Perry, the allegations are about more than just potholes. Perry said one of his first projects after ODOT restructured the Quality Assurance program in the mid 90s was the Rex Barber Bridge on Hwy 97, which spans the Crooked River Canyon north of Redmond. According to Perry the contractors failed to meet road specifications for pavement on both the north and south approaches to the bridge. The project also failed to meet minimum specs for the concrete on the bridge itself.
As a result, said Perry, the concrete is starting to crack on the bridge.
Perry said he raised these concerns to ODOT’s project manager but that he was brushed aside in order to keep the project on schedule and under budget, priorities which he said, regularly take precedent over quality on the projects he worked on over the past decade.
“That was basically the beginning of me figuring out that there was a problem with the system (of checks and balances). And I was hoping it was an isolated incident.”
Instead, Perry said it was the first of many such incidents in which he spotted a problem and was overruled or ignored.
The upshot, said Perry, is that contractors have more leeway than they should on projects and very little accountability.
State regulators aren’t the only ones interested in Perry’s claim, according to the testimony given at the hearing. Westlund and ODOT employees testified that the FBI, which would have jurisdiction for a criminal prosecution because of the use of federal dollars in state highway projects, is currently looking into Perry’s allegations. Speaking after the hearing, Perry confirmed that he has spoken to the FBI, but said he has been counseled against expounding.
Testimony showed that Perry brought some of his concerns forward internally to his own supervisor, Cole Mullis, who ran the agency’s quality assurance program out of Salem.
Mullis, who testified by phone last Thursday, described Perry as an “excellent” employee from a technical standpoint. However, Mullis described Perry as having problems with his communication and interpersonal skills, especially in regard to his coworkers – one of whom Perry filed a formal complaint about in early 2006. Perry alleged that his coworker had falsified paperwork related to the testing and calibration of a tool used to measure the density of road construction materials.
Documents produced in court show that the department investigated Perry’s claim of fraud. While the department found “mistakes” by Perry’s co-worker, it cleared him of any intentional wrongdoing, Mullis said. The finding was upheld by the Secretary of State’s audit division investigation.
And in the end it was Perry who was disciplined for bringing the claim forward under what supervisors said were false pretenses. Perry disputes that account but was given a formal reprimand and, in an unusual step, according to his own managers, had his pay docked – the most severe discipline meted out by ODOT short of termination.
Perry said the stress from incidents like this forced him to leave work on a doctor’s orders last fall. Perry said he was fired before he was cleared to return.
Perry said after the hearing that the allegations brought forward are just the tip of the iceberg and said he has saved documents to verify his claims of mismanagement and fraud by his former employer.
In the meantime, the Oregon Worker’s Compensation Division will weigh whether ODOT is liable for the stress that Perry says cost him his three-decade career at ODOT.
The administrative law judge has 30 days to decide the case after final arguments are submitted sometime later this year.
This article appears in Apr 10-16, 2008.
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The same dawg-damned fools that bow down to dawgs, bow down to studded tires. Like mandatory insurance, studded tires are an excellent example of the private sector playing pocket pool with the pockets of the public sector.
There was a time – not altogether to log ago to my memory, when studded tires were mandatory in Oregon’s winters… Les Schwab bought off the legislature back in the fifties to force the populace to buy his invention… studded tires.
Like insurance, it doesn’t have anything to do with “public safety… it has to do with the government lining some rich pig’s pocket.
I knew Ray Perry to be an outstanding employee, very good to work with in the agency, and as a contractor. I do find it hard to believe contractors were allowed to use substandard materials, there are so many eyes that see the test data.
I cannot believe that our state will not be accountable for the bridge I drive everyday. I too as a youth worked for the State of Oregon and doing so was in the park at the old high bridge watching it sway back and forth. I would be afraid to stand up next to the new one. Thank goddness for honoest upstanding people who just CARE!!
The blame for all the poor quality comes down to a Low-Bid system that encourages agencies to use the poorest materials to fix big problems within the budget dollars available. Very bad for the people who expect more from tax dollars. Our politicians have sold our souls to some out of state contractor who has a single office in this state which makes hi an “Oregon” business, and no vested interest in producing quality Oregon highways or making permanent jobs for our highway construction workers.
Great story, Eric! But you only know a fraction of the truth of what goes on at ODOT offices throughout the state. I know several folks who work or worked at the Medford ODOT (sometimes called White City ODOT). Last year that office underwent an in-depth Federal audit to investigate allegations of corruption, illegal hiring practices, paying for bad or non-spec materials AND failing material cover ups (sound familiar?) From what I hear in my own neck of the woods, everything Mr. Perry is claiming is TRUE. The guys I talk to are too afraid to speak up or come forward because they know what happens to whistle-blowers. I wish those FBI guys would pay a visit to Medford/White City and have a chat with the boys (and girls, sorry ladies.) Now that the “lid is off” there might be safety in numbers. The taxpayers need to know what’s really going on with their money!
To Mr. Merusi, as I understand it back in “the old days” ODOT did its own material testing (asphalt, etc.) and therefore had direct control over the quality of the product. But nowadays its the contractor who does the testing of his own product (kind of like letting the fox guard the hen house). Seems to me it would be all to easy-and beneficial-for him to “tweek” the results or falsify outright (as Mr. Perry is contending) to make sure that material gets accepted. From what I’m hearing the N. Medford Hwy. 62 paving project was a classic example of “the fox” making (and getting paid for) bad asphalt AND THEN getting paid nearly 1/2 a million dollars more to replace it??? Wow, Life is good for some folks!
One more comment for Mr. Flowers-How come I’ve never seen in any paper how the ODOT managers (good or bad) got a whopping 25% pay raise last year? Did I simply miss this or was it “covered up” like so much bad asphalt?
I don’t know what a “dawg-damned fool” is. And I don’t know what it means to “bow down to dawgs”. So I don’t know who it is that Ten Bears thinks “bows down to studded tires”. I’d like to make it clear that it is your elected officials in legislature, not ODOT, who are bowing down to studded tires. (That’s *one* thing ODOT has right, more to come from one who knows in a future post.) Washington DOT can’t get their legislature to ban studded tires either, much to their chagrin. I’m guessing that $11 million of damage per year to Oregon roads cited in the article was from some OSU research that I know was done on the studded tire damage issue circa 1990. I think the $11 million/year figure is probably a conservative figure, with the current annual damage actually costing taxpayers a fair bit more. If you are tired of driving in the grooves on the Bend Parkway, talk to your elected official about banning studs or reducing the stud season. Anybody can do their own part and opt for one of the modern studless snow tires that out-perform studded tires in most driving conditions. Les Scwab can still get his business by swapping out studless snow tires. Hopefully state legislators can grab a damn clue about studded tires.
Wasn’t there a piece in The Oregonian a year or two ago about a bunch of bridges in Oregon that had been built fairly recently and were starting to fall apart already? I looked in the archives but couldn’t find it.
The dedicated gasoline tax in Oregon creates an enormous honey pot for highway contractors to dip into. I have no evidence, but it would not surprise me at all to find that ODOT is absolutely riddled with corruption.
Re studded tires: I agree with Ten Bears — the damn things are unnecessary and should be banned. I have been driving on studless snow tires for the past two winters and have had absolutely no problems. And one of the nice fringe benefits is that I don’t have to waste two or three hours every fall and another two or three hours every spring waiting around with the other idiots during the big rish to get studs put on and taken off.
Interesting article Eric and way to go Ray! Maybe when this is resolved someone will take a closer look at ODOT and how they manage their consultants. Lots of wasted dollars there.
To HBM–The “newly built” bridge over Larson creek in Medford has holes THROUGH the deck with rebar showing through because the concrete wasn’t consolidated properly by the contractor. Some of the brand new support beams on other stuctures on that job already have “stress fractures” even BEFORE the weight of the deck. What will ODOT managers do to “fix it”? Don’t know if it can be “fixed”. Most likely the contractor will get a pay reduction since the material isn’t up to “spec.” But would you want your family members driving over this garbage?
while its fun to watch the controversy back and forth about studded tires, in reality we know that steel studs will wear softer asphalt. however, if that asphalt is already soft due to inferior grades of material that is made with, guess what folks, we have more wear than if the material meets hardness specs. as far as ODOT is concerned, it should be noted that their arrogance and highhandedness is legendary to all who have had experience in challenging them. the ODOT creed and mantra is the contracted project must come in at least on time and within budget and if a contractor for various reasons is not able to comply with the specifications to make this happen and a quality assurance person such as Ray Perry in doing his job brings this to light, the project managers office will do anything and I mean anything to get the project in on time. this includes berating the QA person, changing the specs on the project or outright falsifying documents and photo copying inspectors signatures on these documents. ODOT will go to the ends of the earth to discredit anyone who does not “go along with the program” that includes firing someone just for that reason. think about this; ODOT has no agency within the state of Oregon, this includes DOJ and Sec. of States office that could control corruption within ODOT that does not feed from the millions of dollars brought in by federal highway projects for their yearly budgets. so try to get those agencies to delve into the workings of ODOT??? NOT LIKELY anyway if you as a taxpayer and driver over our highways really want an educatiion start really looking into how our tax dollars are really spent. you will probably find you are paying for lots of on duty golf games and inflated retirements for those in higher places that have gone along with the program for a lot of years. MORE LATER
The Perry situation sounds like “government as usual”. I hope The Source keeps tabs on what happens next.
I have been frustrated with the condition of Oregon’s roads for years. ODOT needs to be held accountable for the use of our tax dollars. I am grateful that someone had the guts to stand up to the “big guys” because it is the right thing to do. Thank you for writing this article. I look forward to hearing more about the situation.
We have known Ray Perry for many years and know him as a very honest and dedicated man. If Ray says something is wrong than you can believe it.
While it’s fun to bash government, we should be aware that the government is “us”. We voted the politicians in and they make an effort to give us what we want. I see a lot of uninformed comments based on an article in a free newspaper that cites a lot of unsubstantiated allegations. While ODOT is far from perfect,…. based on the dollars we pay in road taxes and the conditions of our roads versus other states (and other nations) I’ve driven in, we could do a lot worse. Conspiracy theorys are fun but we shouldn’t get too carried away unless there is some sustantiation. I aplaud the Source, up to a point. The reporter throws out the story but doesn’t do the research to come up with any substantiation or verification.
I’ve been paying taxes in Oregon for 46 years–state,federal, and gas taxes. I resent paying taxes for our roads only to find out that we taxpayers have been getting ripped off for years! The bridge Mr. Perry speaks about is our link to Portland. I will never feel safe traveling over that bridge again. If in fact ODOT did allow inferior materials and worksmanship, something needs to be done–but do I trust them to correct the problem? No way. If they lied to us once, they will lie again. T. Haggerty brings up the same issues in the Medford area. Just how wide-spread is this? Isn’t there someone in Salem whose supposed to oversee the construction process? Who is that person, and what are their credentials? Is that you Mr. Mullis, or do you have someone over you who is responsible? I drive around Bend daily. The Parkway is a mess. I would like to have someone address what went wrong there. I wonder how many people have been in wrecks because of the shoddy roads? I suggest those of you unfortunate enough to have an accident on our highways should access the public records to see if the road you were on was compromised by ODOT’s malfeasence. You may have a hefty lawsuit against the state. Thank you Senator Westlund for standing up for us tawpayers. You have my vote for State Treasurer. And thank you Mr. Perry! Hopefully ODOT realizes what a terrible mistake they made when they fired you.
In regards to T.Johnson’s comments, this is not a conspiracy theory but a very real on going court case. We will continue to monitor the story and you can trust more “substantiation” will be forthcoming as the case unfolds. And, no doubt, now, papers you have to give two quarters for will also follow the story as well.
T.Johnson seems to think that these alligations are false. The article says Mr. Perry has the documents to verify his claims. I hardly think Senator Westlund, the SOS, and the FBI are just going off of Mr. Perry’s word. ODOT claims it investigated Mr. Perry’s allegations but they were not corroborated. Imagine that! ODOT investigating itself–and finding nothing wrong. Come on people. We drive on these roads. Something must be happening to cause our roads to fail. I’m willing to give Eric Flowers time to get to the bottom of this. Good job Eric.
It enfuriates me to hear grossly uninformed people dismiss stories like Ray Perry’s as “conspiracies” or the rantings of a “disgruntled employee.” I know people who work (or formerly worked) for ODOT road construction here in Medford. If the public only knew the truth about what goes on behind “closed doors” they would be outraged. Yes, bad material DOES get put in, test results DO get falsified (as T. Haggerty said “the fox is guarding the hen house.”) And good, honest, loyal, dedicated ODOT employees who protest or try to speak out DO get fired! This is no “conspiracy”. It’s real and it’s frightening what kinds of cover ups are happening just to keep this info out of the papers. And speaking of “the papers”, why haven’t I seen anything in the Medford Mail Tribune about the “Federal audit” or the 25% pay raise for managers that T. Haggerty mentioned? WTH is going on out there???
I have worked for ODOT for over 12 years. I have seen alot of dirty dealings on both sides of the fence (contractors and ODOT) The case Mr. Perry is sighting is not unique, it happens very often and much worse. Bad material is often allowed because the legal costs to fight contractors would be very high and ODOT managers do NOT want the bad publicity. They are held to tight budgets and they are rated by their higher ups if their projects over run. Some managers even tell their employees not to charge their time to projects that are near over budget which is telling them to falsify their time sheets. It is clear that Mr. Johnson doesnt know jack squat about the “real” workings of government or at least ODOT. Sure there are many very honest managers and employees out there but like I siad I have seen plenty of corruption. If you want to know why I don’t speak up it’s because I have a wife and kids to support. What would you do Mr. Johnson if you were in my place?
The bottom feeders in ODOT have been bringing deficient quality road materials and crimminal construction practices to the attention of management for years. If you say anything they either write a letter to allow the lesser quality or ask you to stick out your neck so they can cut off your head, paycheck, job and life for questioning their exalted decisions made by very highly paid barons of road tax dollars. Try getting them to explain why these people set up “perfect fixes” for Oregon roads, then go to work for these same people a few years later and write specifications that benefit their new employers and not the tax payer. The Legistlators control everything ODOT does and the Legistlators are controlled by the Association of General Contractors.
I also work for ODOT…..This is just the tip of the iceberg. ANYONE who dares speak out about wrongdoing within the agency is labeled a troublemaker and black-balled. Don’t bother waiting for the Department of (in)Justice to uphold the law….They protect the agency and the criminal elements AT ALL COST. The real injustice is the fact that these criminals are protected and defended by DOJ and the agency using OUR tax dollars. FYI there is more than one audit being conducted, and there are dozens of lawsuits brought by whistleblowers who were retaliated against……Stay tuned.
I saw the KATU news story on Ray Perry–BRAVO RAY!!! Everything he says is dead on true. I was an inspecter with ODOT for many years. And yes, we WERE told by our project managers to ignore failing materials and bad test results “SHHHH, it’ll be fine. Don’t make waves. Keep your mouth shut.” Peter Murphy, the Bend PR guy is either a bold faced liar or a complete idiot. Nah, he’s just a “talking head” who has been programed what to say to the press. People you ARE being LIED to by the very managers who take your tax dollars AND got a WOPPING 25% RAISE (the poor working slobs who do the grunt work and put in the long hours got 2%) How come you don’t see THOSE numbers in the papers? FIGHT ON RAY!!! DON’T LET THE BASTARDS WIN!!!
A friend of mine just retired from ODOT. For years she told me horror stories about shoddy workmanship and failing materials being approved by her managers simply because they didn’t want to fight with the contractor. She even took several issues to “higher ups” but with no results. At one point she was told that if she kept causing problems (problems?!) she could kiss her career goodbye. As a taxpayer I’m outraged to hear how widespread this problem seems to be. I thought we were paying these people to protect our interests. For her efforts my dear friend suffered a heart attack and was forced to retire. I just thank God she’s alive and not working for ODOT any more.
You folks in the private sector have no idea what it’s like working in government. The “grass roots” people are great and the vast majority are hard working, decent people who really do want to turn out a quality product. The managers are a different story. Some are good, but many others got there through favors and friendships, not on merit. Then add politics and it makes a very dirty mixture. I commend Ray Perry for his courage. I only wish more like him would come forward and tell the truth. FBI, if you’re reading this do your homework and keep digging. There are many, many more Ray Perrys out there and they live in fear of retaliation. Find them, talk to them, help them.
I have worked on and off with Ray over the last ten years as a contractor. While there is some sense of getting the job done in the community I can tell you that one of the least reliable ODOT techs to have come to your project was Ray. Top that off with his combatitive attitude and what he is doing now does not suprise me in the least. I think that if a person was to look into many of these inaccurate tests you would find Ray’s name on the bottom.
So you worked with Ray Perry as a contractor during the last 10 years? You claim that Ray was รข unreliable and combatitive,รข ย are you sure that this is Ray Perry that you are talking about? The Ray Perry that I have known and worked with for the last 5 years is one of the most genuine, honest, non-confrontational, and detail oriented people I have ever met. If Ray said the tests were wrong, then they were wrong. I am quite sure that if Rayรข โขs name is at the bottom of any of these inaccurate tests, it was forged by ODOT to cover their hiney.
Perhaps he failed one of your projects or you disliked having to build roads up to spec. If you knew that there were inaccurate tests why didnรข โขt you step forward? Is the contractor that you work for getting away with breaking the law and putting the public at risk by building shoddy roads and bridges? If you broke your contract (Roles and Responsibility form) that you signed, it is punishable by a fine and a prison sentence. Have you stepped up to the plate and fulfilled your contract?
So are you for real or are you just another รข potholeรข ย from ODOT trying to smear Ray Perryรข โขs name? Perhaps you are Peter Murphy in disguise! At least Ray was man enough to stand up for what was right, are you? If you really believe that this is the case then I suggest that you sign your name and go on the record, the FBI would love to talk to you!
To JT: If Ray was so “undesireable” on your jobsite, could it be because he was finding problems with YOUR materials and you didn’t like that? If he was “combative”, was it because he was sick and tired of getting the old two-faced run-around? Sometimes it takes a real hard-ass attitude to get results when you (like Ray) know you’re getting lied to and taken for a chump. Don’t get me wrong, many contractors are top-notch and honest, but MANY are lying snakes that only see the world in $$ signs, not quality of product. If Ray Perry pissed you off, I’ll bet there was a VERY GOOD reason. From us taxpayers: WAY TO GO RAY AND OTHERS LIKE YOU!!!
In response to JT: That is very interesting JT. It appears to me that you are substantiating what Ray Perry has said all along–that there are innacurate tests out there. And you being a contractor, KNOW ABOUT THEM!!! I’m sure you did the right thing and took that information forward to the proper authorities. I did some checking and found out that contractor’s technicians sign a rules and responsibilities contract,that hold them responsible (with a possible fine and prison time) if they do not follow specificaitons, I’m sure you followed that to the letter and took your concerns about this innacurate testing to the authorities. As for Ray’s name being on the bottom of those innacurate tests, I very much doubt it. Is the real bug in your bonnet that fact that Ray has questioned your documents and made you follow specifications? That would explain your combative demeaner!
It sure sounds to me like “JT” has something to hide. I had a simple concrete driveway put in at my house last year. The work was pure garbage and the contractor (a local producer of products also used on highway jobs) flat out lied to me when he said he had used steel reinforcement. THERE WAS NOTHING IN IT AT ALL! There was also gaping holes inside that eventually caved in. If this is how “contractors” lie and cheat for just a few thousand dollars, imagine the motivation to cover their tracks when MILLIONS of dollars are at stake.
Did I just read JT’s comment right? Did he just openly admit that he had produced “many inaccurate tests”? No wonder he didn’t want to see Mr. Perry on his projects. Me thinks Mr. “JT” doth protest too much. LOL!
The “Whistle Blower” video on KATU Channel 2 news in Salem says a lot about where this is all going. I encourage you all to view the news cast from May 4 or 5. The next step in this process is to have the FBI set up a hotline to call if people inside the ODOT bubble want to call. This can only be done with whistleblower protection people. We need to get the political bummblers on this so government can be held accountable for their greed and crimes. If I go telling stories now, I will be tagged and bagged and lose my job so mum is the word until I have protection from my managers and my job disappearing. The names are being gathered of the people who have stories and a few lucky news men/women may get a good story to tell. We need protection so we can come forward. I know of two bridges in Oregon that I will never drive over but management ignored the defects as they were being built.
The “Whistle Blower” video on KATU Channel 2 news in Salem says a lot about where this is all going. I encourage you all to view the news cast from May 4 or 5. The next step in this process is to have the FBI set up a hotline to call if people inside the ODOT bubble want to call. This can only be done with whistleblower protection people. We need to get the political bummblers on this so government can be held accountable for their greed and crimes. If I go telling stories now, I will be tagged and bagged and lose my job so mum is the word until I have protection from my managers and my job disappearing. The names are being gathered of the people who have stories and a few lucky news men/women may get a good story to tell. We need protection so we can come forward. I know of two bridges in Oregon that I will never drive over but management ignored the defects as they were being built.
Contractors HATE strict inspectors. On one paving project, I was offered a seat on the paver so I wouldn’t have to walk…..(there are two seats on a paving machine…..Depending on which side of the road you are paving, the operator can sit where he can see the best) The contractor said “c’mon……There’s a reason we call it the inspector seat”. I declined, explaining that I could see much better from the ground how high they were jacking up the screed. One half inch higher than prescribed can mean big $$ over 10 miles, if they’re being paid by the ton. I lost 23 lbs inspecting that project, but we came in under budget.
In addition to this type of crap, ODOT has many other problems. Retaliation is rampant. Those of us who speak out about waste, abuse, and fraud are constantly in fear or losing our jobs. Stay tuned for a story about ODOT’s mishandling of FEMA funds….You won’t believe how much $$ is going out to an ODOT manager’s buddy. I’ll let you know if I still have a job after next week.
I also know “things” about ODOT managers and illegal or unethical practices. How do I get “protection”??? I want to stop this corruption and get rid of these incompetent and crooked bums. I could tell the FBI about “special” hiring/promotional practices, and about people being pressured to endure religious services at work, double-paying contractors to fix their own problems, and MUCH MORE!
Fear is a powerful weapon the managers and their HR goons use to keep us quiet, but how much longer can this go on? Fellow Union members, talk to your key people, have them take your message to the union board. There IS safety-and power-in numbers! We have to get this word out, we have to make these bums accountable.
To Matt Garrett, Director of ODOT: Are you reading this? Are you aware of what’s going on? Or are you siding with your managers, pretending “we” are just a bunch of disgruntled kooks? Sir, if you know and you choose to do nothing, then YOU TOO are just as guilty! Perhaps the FBI should start with your department?
T. Haggerty ….Can you give me any information about the Federal audit in White City?? I can’t seem to find it anywhere. We just went through an outside audit, commissioned by the Director. Some managers tried hard to get the audit stopped, but the auditor kept at it. The director is supposed to come to our district and talk about the results of the audit, but no word on when.
Also from ODOT…..Funny you should mention contractors getting paid to fix their own screw-ups. The following email is from Jane Lee, new region 2 manager. The contractor already has $55 million of our money, and we’re going to pay them more to fix their screw-up. NOW we’re actually going to have ODOT inspectors inspect the project. OTIA design-builds are the biggest giveaway EVER.
From: LEE Jane S
Sent: Monday, May 19, 2008 3:07 PM
To: ALL REGION2 Mailboxes
Subject: PME Update: May 19, 2008
Hello All,
Following more than 10 months of negotiations, ODOT and Yaquina River Constructors, the prime contractor for the U.S. 20 Pioneer Mountain-Eddyville improvement project, have agreed in principle to a landslide mitigation solution and a plan to resume work on the project beginning in June 2008.
The agreement and resumption of work follows a negotiated suspension of the contract work that went into effect in July 2007 on the 7-mile, eight-bridge initiative to straighten the Coast Range route between Corvallis and Newport. Putting the contract on hold allowed ODOT and YRC to jointly explore and pursue new and less expensive landslide mitigation solutions.
We came to this agreement late Thursday night. Iรข โขd like to thank Bob Pappe and Joe Squire for their tireless efforts on behalf of the department. Theyรข โขve lived and breathed this issue nonstop for the past 10 months.
After exploring multiple options, ODOT and YRC, with the agreement of regulatory agencies, have decided to employ the time-tested technique of buttressing to stabilize the landside areas. This follows extensive geotechnical investigation during the summer of 2007.
Among the most significant changes you will see as the projects becomes active is that ODOT has taken over the traditional responsibility of project inspection and environmental compliance. When the project started in 2006, ODOT required YRC to hire a firm to handle those management responsibilities. By having expert ODOT inspection staff on site, the agency will be able to implement and maintain all permit requirements such as the storm water management plan and the in-water work restrictions as approved by the various regulatory agencies. At no time will ODOT allow environmental compliance to be diminished.
Many of you may remember that Area 4 Manager Vivian Payne recently sent out a solicitation seeking staff interested in working on a rotational basis on this project. It truly is a once in a lifetime opportunity, so donรข โขt hesitate to contact Vivian.
Now for the bad news: After spending months mapping the landslides and designing creative solutions to stabilize and build on those landslides, ODOT and YRC officials estimate the additional cost to finish the project through the landslide areas will be about $47 million, which is less than the $61 million estimated for the landslide mitigation work before the project was suspended. These additional funds will be paid to YRC in addition to the original contract amount of $129.9 million. YRC will contribute between $8 million and $12 million to the additional landslide mitigation work. That figure will depend upon when the project is completed. ODOT will hold a separate reserve fund in the amount of approximately $23 million for contingencies such as fuel, materials and labor inflation.
Of the original $129.9 awarded bid, ODOT has paid YRC $55.8 million for work items in the original contract. That leaves $74.1 million still held by ODOT for the original work.
Since the landslide issues came up in late 2006, ODOT has been accruing savings from other projects and programs to fund the additional costs to complete the project. ODOT anticipates that the project can be completed without impacting other projects in the STIP.
As part of the agreement between ODOT and YRC, the original contract will remain in place with significant modifications. A sweeping change order that takes into account the additional landslide stabilization work, environmental monitoring and compliance modifications and a revised work schedule has been issued.
We anticipate work will begin in earnest in June. We expect the project to be completed in 2011. The attached press release is being released today. Our hope is that you will find this information helpful as those you come in contact with ask questions about the project in coming days.
Jane Lee
Region 2 Manager
To JJFlash: I doubt you will find anything about it. The PR folks work pretty hard to keep those things out of the papers. I’ll talk to “the boys” and get some specifics but basically the actual audit happened around the beginning of 2007. As I recall the “events” that caused it started in summer 2006 when the big S. Medford Interchange got underway. The Feds found out that the project manager was directing inspecters to accept and pay for materials (all kinds) without ANY quality documents to back it up. (I think you must know that this is a breach of contract law.) This went on for about a year and as I understand it SEVERAL MILLION DOLLARS got paid out with no (or very little) proof that the stuff was any good. The inspecters I know were mad as hell because they knew damn well it was wrong. When the Federal Highway agent showed up by surprise and started asking questions he put the fear of God into the managers and they finally backed down, but the damage was done. I believe there were other kinds of issues involving favoritism and discimination but I can’t recall specifics. I haven’t heard what has come of it but I’ll ask around and see if anyone has heard. If there is a “news cover-up” going on I can’t believe the ODOT director (or other higher-ups) aren’t part of it. They do seem to stick together.
Soooo…what happened with the audit? With the unqualified products that got put in? To the managers that ordered it? WE WANT TO KNOW!!!!!
Curious Jane …… My guess is that the agency protected the management scum as they usually do. They’ll quietly facilitate a move to another job (sometimes without the job being open to other candidates) such as “Freight Mobility Manager” or some other obscure position. This allows the offending manager to slink away and hide like the cowards they are.
It is amazing how many comments are still being posted about this article. Could that be because ‘we the people’ are tired of the conditions of our highways, and because we are paying record prices for gasoline, a protion of which the gas taxes pay for these pothole-ridden roadways? After the article on KATU, I was curious about the safety of the High Bridge. I wrote a letter to ASK ODOT referencing this very issue. If the run-around I have endured to have one simple question answered is any indication of what Mr. Perry went through in the normal duties of his job, it is no wonder he is stressed out!
My simple question is, “Did the inspector know, when he last inspected the High Bridge, that it had failing materials/tests?” I feel this is an important question. If he did not know, how could he make an accurate assessment of the bridge? I have still not received an answer! What I have received-from the ODOT spokesman was a tirade about how the KATU reporter was only telling this story for ratings, and how KATU refused to air ODOT’s side of the issue. Now that I have tried for 2 weeks to get an answer from ODOT, I truly believe that ODOT refused to talk to KATU about the pertinent issues.
ODOT is stonewalling the public-keeping ‘we the people’ from knowing the truth. I encourage all of you who care about the safty of our highways to get in touch with the ODOT representatives. Or better yet, contact Matt Garrett, the head of ODOT. They owe us answers about the safety of our highways and bridges. And about the money that seems to vaporize through their fingers. Source staff, please don’t give up on this. ‘We the people’ would like to see someone extricate the answers out of ODOT about what is really going on with our tax dollars.
following this closely…..AMEN Brother. The ODOT Stonewall Treatment is the stuff of legend. ODOT doesn’t want the public to know how much of our $$ get wasted or outright stolen. A lot of it can be attributed to incompetence, while some of it is FRAUD. We have a policy (and I assume laws) that prohibits a practice known as “stacking”. When ODOT purchases an item or service that costs more than $5000, The person making the purchase is required to seek three bids for said item/service. “Stacking” is when you break down a purchase/service into smaller purchases to avoid having to seek bids. Let’s say I wanted to hire a specific contractor (a friend) to do a job such as landscape a highway interchange. Let’s say that the job would involve clearing existing brush/weeds and replanting the area with grass and flowers. As this would probably cost more than $5000, I would have to get three bids. I REALLY want my contractor buddy to make some money (He’ll probably return the “favor” next Christmas) so I split the job into two contracts: One for brush clearing work, and one for planting grass and flowers, each contract costing just under $5000. Now I simply call my buddy and hire him to the tune of nearly $10,000, without him ever having to compete with other contractors for the taxpayer’s money. The above “contract” is just a hypothetical scenario, but THIS REALLY HAPPENS. We are never surprised to learn which contractor/vendor gets a purchase/contract when we know which manager is doing the buying.
ODOT advertises that they are an “equal opportunity employer”. So why is preferential treatment given to UNqualified candidates simply because of there religious affiliation? In our office the Mormons seem to be taking over. Anyone else have this problem? I’ve talked to workers in several offices who tell the same story. I heard that in White City the PM gave a survey job to a guy who was his “house guest” at the time (the guy wa NOT a surveyor–he was a part time restarant manager) but both the PM and him are Mormons. The Maintenance manager in that office is also a Mormon, so was the Ashalnd Maintanace manager (until he had an afair with his secretary and got “shuffled” to an other office to keep him out of her pants.) No FAVORITISM at ODOT. THINK AGAIN!!!
I’m furious to hear of these downright criminal behaviors by ODOT managers. The person called “Following this closely” is right: “We the People” are being ripped off and lied to. Isn’t there ANYONE in government honest or brave enough to take these guys on? I’m very sad for the people who have to work in those offices and are afraid to speak for fear of retaliation. I want action! How can I help?
Beth in Bend…..I HAVE been taking them on for the last 8 years…..I’m on the black-ball list, and now they’re trying to get my job. I’m not going down without a fight though…..
River Rat……We have the same problem as well, but it involves a smaller (yet tighter knit) religious community. Members from this church get the jobs/promotions, and contractors from this church get outrageously sweet contract terms. Some around here wondered aloud if ODOT wasn’t advertising job openings in the “Watchtower”.
Favoritism?! DON’T GET ME STARTED!! Over a year ago our PM hired a young black woman to fill an inspector position. She had ZERO experience, ZERO training, and ZERO civil engineering education, yet she was hired (against the advice of the other interviewers) OVER two other very qualified, experienced, and trained people (both white). She seemed like a nice enough person, but she knew NOTHING of civil engineering and had to be trained from the ground up (no small cost to the taxpayers!) After her 6-months trial period was up she (conveniently) got pregnant, had to take lots of time off and then took a full SIX MONTHS off on Family Medical Leave to have the baby–ALL MEDICAL AND BENEFITS PAID BY THE TAXPAYERS!!! But here’s the best part–according to the “rules” of Family Leave, the person MUST return to their job OR have to pay back all those juicy benefits and medical costs. This gal did NOT do that. She simply came to the office (with baby in hand) and gave her notice to quit then walked out. NICE! Do you think our PM will have the guts to call her on that? Do you think the taxpayers will ever see a penny returned? Just my opinion, but it sure sounds like she played him (and the taxpayers) like a real chump. Again just my opinion, but it sure as hell seems “funny” that he would hire a black woman with NO qualifications over two very qualified white candidates. (No “favoritism???”) But the best part is now we have to go through the whole interview process all over to fill the same damn vacancy. Can YOU spell $$$$$$$?
It seems to me that we need to get to the bottom of all of this malarky. What is it that we need to do to find out what is really going on in ODOT? Who do we need to call to make ODOT accountable for the public’s money and SAFETY? I have written to the head of ODOT only to get a letter from the PR people telling me how professional they are. Yet, they offer no explaination for any of the misdeeds we are seeing listed in this comment area. All they do is tell me I need to listen to them. What about a 25 year employee, and a Senator? Are we to believe ODOT at their word, and disregard all of the documentation that has been brought forward? Come on ODOT–put your money where your mouth is. Is the head of ODOT willing to meet with Mr. Perry, the Senator, and the rest of us with questions, and get to the bottom of this? If so, when?
I’d like to know…are any legislators reading these blogs? If so, are they planning on doing an investigation? Over the years a friend of mine, a former ODOT employee, has written to ODOT Director Matt Garrett several times regarding unethical or shoddy dealings by the managers. To my knowledge NOT ONCE has Mr. Garrett ever responded back. Perhaps I should not be surprised by this. You would think that since Mr. G’s fat paycheck is tax supported, he would at least have the common courtesy to reply to a citizen.
I’m a friend of the Perry’s and I’ve been in contact with them throughout Ray’s ODOT ordeal. They would like to thank everyone for their support. Several of us are wondering what we can do to help. At this point, the best thing we can do, is contact “the powers that be” via e-mail or letters and tell them we want answers. I would encourage all of you to write a note to the following individuals asking for resolutions to our bridge and highway woes, and the ODOT corruption in general!
theodor.kulongoski@state.or.us (Governor’s office)
hardy.myers@state.or.us (Attorney General’s office)
bill.bradbury@state.or.us (Secretary of State)
matthew.l.garrett@state.or.us (Head of ODOT)
We need to step up and hold these people accountable for our tax dollars! I’ve contacted all of the above offices outlining my concerns, and all I have heard is the same old stuff from the “talking heads”. But I still believe that if enough of us are pounding on their door, they’ll eventually have to address the issues.
I also would encourage you to “bookmark” Volume 12, Issue 15 and send on this article to anyone you think can help further the cause! They can also reference this article by clicking on the “news” icon from the home page, and then clicking on “local news” and scrolling down to Wednesday, April 9, 2008’s Road to Nowhere.
Again, the Perry family asked me to thank you, in advance, for all your help!
Hey JJFlash–You recently commented about management being ‘moved’ into new locations to hide their misdeeds. You specifically mention “freight mobility manager”. What do you know about this ‘transfer’ of an individual into this position? I have heard through the grapevine that the guy who was responsible for Ray Perry’s firing was recently moved. Could this be one in the same? Please reply. I’m trying to figure out how ODOT can promote/move managers who have complaints against them. I’d like the head of ODOT to answer how this happens.
Also, the email addresses above for writing to our elected officials are great. One correction needs to be made however. theodore.kulongoski@state.or.us is the correct address. I will be writing them tonight, and encourage all of you to do the same. Maybe this grass-roots campaign will finally force ODOT to make changes.
I would love to see someone dig into the mess of the Parkway. I guess they named it correctly. It is more suited for parking than driving on. Will the public ever get the real scoop on this fiasco? Come on Eric, you wrote one great story. How about a follow up to get us some answers.
To Inquiring–I am a citizen too. I also have written to Mr.G–3 times with no response. He passed my letter on to his PR people (of which there are 11 we are paying for). I don’t even think any communist country has 11 propaganda pushers! Apparently Mr.G is too important to answer citizen’s and employee’s questions (of which there are many). I guess were all in the same bus–putting down the road to nowhere, dodging potholes, while Mr. G and company are putting on a smooth golf course.
I’m an inspector at ODOT. I had to hire a private lawyer to protect myself against managers retaliation because I kept “mouthing off” about failing road materials that were still getting put in AND paid for. The lawyer told me to keep my private vehicle locked and to examine my personal brief case before I went home each night because “someone” might put “something” in there to make it look like I was stealing supplies-grounds for instant dismissal. As my lawyer put it “These guys play dirty, and they’ll do whatever it takes to make YOU look like the criminal.”
Yeah, I’ve written to several of the above mentioned reps and heads. None of them has ever wrote back to me either. I gave the ODOT director, Matt Garrett, a tasteful earful regarding several topics of questionable managerial ethics, but apparently those emails went into the sucking black hole where the rest of our tax money goes. Come on folks, let’s face it…managers protect managers and MG is the top dog on the heap. Where the hell is Lars Larson or Rush Limbaugh when you need them?
To JJFlash: I spoke to some of the boys (inspectors) the other night about the results of the Medford Federal audit. They said that their PM made a statement in a crew meeting that the DOJ found “no criminal wrongdoing” with the managers. I’d like to know that the hell the DOJ DOES consider “criminal”?! I guess ordering inspectors to break the law doesn’t count, or hiring your personal buddy into a job he doesn’t qualify for, or outright lying to cover your tracks, or just plain gross incompetance. I seem to recall several blogs back someone said the DOJ only protects managers. Whoever said that–BULLSEYE, my friend!
Somebody mentioned setting up an FBI hotline for people to call in with information. Is that available yet?
T. Haggerty……Don’t hold your breath waiting for ODOT royalty to respond to a common serf such as yourself. They figure that if they ignore stuff long enough, it will simply go away and folks will forget all about it. They surround themselves with “yes” men (and women) to further isolate themselves from public scrutiny. ODOT management is firmly in the hip pocket of the various industries that generously donate to the politicians and interest groups that support them.
One of them……I ALWAYS keep my car locked for the exact same reason. If you work for ODOT and you’re not a “team player” (typical management buzzword BS) you must always watch your back.
following this closely….. I used the title (and person) as an example. I don’t believe that the current Freight Mobility Manager was ever in the same Region as Ray Perry.
T. Haggerty……That bullseye award goes to me. Imagine having the Department of Justice and it’s unlimited funding (read: taxpayer’s deep pockets) behind you……ODOT management acts with impunity. The ONLY time you’ll see a manager get fired is when they don’t act like “team players” and they speak out about wrongdoing themselves. Some of the worst offenders maintain a squeaky-clean record……Nothing ever gets put into their personnel file that reflects badly upon them. Managers who are moved or demoted have such actions deemed “voluntary demotion” or “voluntary reassignment”. This is how poor behavior slips by for years without ever being addressed. I’d like to see the “voluntary reassignments” start at the top….Garrett needs to join Bruce Warner over at PDC.
Hello to all who are visiting this story, and leaving comments.
The FBI has seen this blog and communicated that they are interested in speaking to ANYONE who has some information they would like to share regarding wrongdoing within ODOT.
541-389-1202 (Bend field office)
503-224-4181 (Portland office)
These are intake phone numbers. Tell them you have information to share about ODOT. These are professionals, so please don’t waste their time-BUT PLEASE DO CALL if you have something you think is pertinent to ODOT’s questionable activities.
They have treated me fairly and confidentially. This is one of the best avenues for the usage of the federal whistleblower laws I have found.
Keep the pressure on. I can tell you, people are paying attention. I appreciate your support!
OK guys…let’s keep the pressure on ’em! A wonderful activist has posted a piece on http://www.oregoncatalyst.com. This is one of Lars Larson’s favorite sites to visit. Please visit this site and look up the article “ODOT Whistleblower may have his day in court” posted Tuesday, June 10th.
On a humorous side note, see this week’s current issue of the Source Opinion. There’s an article titled “Peter Pothole (The Parkway Rhyme)”. Volume 12, Issue 24
JJFlash, I’ve missed your comments. Where are you?
Still here…..I posted last week but nothing showed up.
Does anyone know what happened to Ray Perry? Did he win his case? I hate it when these stories just “disappear”. Can anyone help?
Just wanted to comment since the “other” paper reported that we’ll be wasting millions re-paving the “road to no where”!
To Wondering: Ray Perry was terminated from ODOT and is still fighting the gorilla.
JJFlash: Are you still out there? What are your thoughts on this and all the stimulus money ODOT will be getting/(wasting)?
Anybody else have news?
ODOT Spokesman Patrick Cooney just informed me that ODOT will no longer “grant” me an interview, because I did a story on this issue a year ago.
Cooney says there is “no” FBI investigation and that ODOT has not violated its own quality assurance rules.
I would love to talk to any ODOT employees about this and other issues respecting any wishes you may or may not have about revealing your identity.
We are also looking at crosswalks on state highways across the state which may violate ODOT’s own rules for constructing crossings on highways with higher speeds and traffic flows
Anyone with information please contact Thom Jensen KATU News 503-577-5205 or email me at tjensen@katu.com
To all you “concerned” taxpayers out there that are on Mr Perry’s side and believe what he says are idiots! Check out the headlines in Dec 2012 thru Feb 2013 and just see what kind of a man you are dealing with. Anyone who has 10 or more horses – pinned up- and doesn’t bother to feed or water them. Well, do I need to say more. Maybe he was too busy worrying about the Oregon roads and all you concerned taxpayers to remember those poor horses. Oh yeah, and one died and another had a broken leg trying to get free. Perry is a flake and an idot and I, myself, cannot believe he even kept a job with ODOT for that long.
If anyone thinks they are being set up for forced dismissal, I suggest they get familiar with the law for ‘Constructive Discharge’.