When Gerritt Law started work at Oregon’s Motor Carrier Transportation Division in 2013, he found an operation in disarray.

His team leader was drawing engineering plans he wasn’t licensed to create and allowing electrical work on multiple projects to be done by unlicensed contractors, Law, 32, alleged in multiple emails to his superiors, other state agencies and, ultimately, in a lawsuit.

Employees lacked safety training and were asked to work in dangerous conditions, he said. Equipment costing thousands of dollars was purchased without compatibility testing, and later found to not work. Contracts were being split so the dollar amounts stayed below open-bidding requirements. And contractors were allowed to over bill for work.

Law, a weigh-scale technician in the private sector for eight years before joining the Oregon Department of Transportation, filed a formal complaint. That triggered multiple state investigations and, Law says, retaliation that eventually led to his firing.

But Law’s complaints also emboldened three other whistleblowers to come forward citing similar problems dating back to 2008.

The inquiries — including a 15-month, $180,000 Oregon Department of Justice investigation completed in April — confirmed all of the above allegations and more.

Though the motor carrier division made a handful of reforms, neither the managers nor contractors were punished, while the four whistleblowers were either transferred or fired.

Exactly how much money was wasted was never determined, but the overall cost to taxpayers certainly exceeded several hundred thousand dollars. The whistleblowers claimed the figure was closer to $1 million.

The investigations culminated as the Oregon Legislature was debating a $5.3 billion transportation infrastructure funding bill — and ODOT’s ability to manage it.

Yet key lawmakers in that discussion told the Statesman Journal they either didn’t know about the investigations at the trucking division or were told by ODOT Director Matt Garrett that they involved only a personnel issue.

They said problems at ODOT are nothing new. Before passing the budget bill, they developed new accountability measures, including moving appointment of the director from the governor to the state Transportation Commission.

"The Legislature was very concerned about building stronger accountability and oversight," said Sen. Lee Beyer, D-Springfield. "There was also a realization we needed to change the way they did business."

The state settled Law’s retaliation lawsuit in May for $95,000.

But Law says he doesn’t feel vindicated.

“Someone should be held accountable for wasting our taxpayer dollars,” he said. “And that’s exactly what went on. And the people responsible still work there.”

Complaints repeatedly ignored

ODOT's Motor Carrier Transportation Division regulates trucking. It runs the Green Light Pre-Clearance program, which allows trucking companies to use transponders to weigh trucks at highway speeds.

Oregon has 22 weigh-in-motion stations, which clear an average of 4,400 trucks a day. There also are 80 static weigh stations around the state.

Law and the other whistleblowers documented their concerns, which included sloppy purchasing, record keeping, and installation and maintenance of the components needed to operate the systems.

“I saw a lot of things happen that I wasn’t OK with, that I knew were illegal or not best practice,” said one whistleblower, who asked to not be named for fear of retaliation because they still work at the Oregon Department of Transportation.

Law estimates he spent hundreds of hours of his own time and more than $1,000 compiling evidence that fills a dozen three-ring binders.

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The employees allege their complaints were ignored because their supervisor, lead worker David Fifer, and his boss, David McKane, were close friends outside of work. The investigations did not address that relationship.

Neither Fifer nor McKane responded to interview requests from the Statesman Journal.

The employees also complained that many contracts overseen by Fifer went to DeSantis Directional Drilling, a Silverton company owned by Fifer’s wife’s uncle. Investigators determined the relationship was not close enough to violate Oregon nepotism law.

In September 2015, Law filed a complaint with Oregon OSHA alleging worker safety violations committed by Scales Northwest of Scio, one of the division’s biggest contractors.

That October, he filed a discrimination and professional workplace complaint against Fifer, asking for Fifer's removal from his position. In December, whistleblower Matt Knight also filed a discrimination and professional workplace complaint against Fifer.

Among their complaints:

Multiple instances of contractors working without engineering plans, or reusing plans, resulting in sloppy or dangerous installations.

For example, in April 2014, DeSantis Directional Drilling installed a new base for a reader-sign pole in Seaside using what Law says clearly were the wrong size J-bolts. The contractor compensated for that by using oversize washers, Law documented in photos.

He pointed out the problem in an email, saying the installation would not withstand a small windstorm.

Seven months later, wind knocked the pole from its footing. Only a power line kept it from crashing into the road.

Multiple instances of workers repairing weigh-in-motion scales without having width-restrictions imposed for trucks.

The scales are in the roadway, so the lane where work is performed is closed. But oversize trucks take up more than their lane.

Law provided photos of oversize trucks flying by just inches from his work zone during a September 2015 job at the Booth Ranch scale on Interstate 5 near Myrtle Creek. His documents show workers had been complaining about the danger since at least 2012.

Multiple instances of shoddy and dangerous electrical work.

Law provided photos to his bosses of hazardous electrical boxes at weigh stations statewide.

“Would you feel comfortable plugging into this outlet or working in that cabinet?” Law wrote in an August 2015 email about the Klamath Falls site.

Amy Ramsdell, who was appointed Motor Carrier Transportation Division director in late 2016, said Law’s photos don’t provide enough information to judge whether employees or the public were in danger.

“The issues raised by the former employees have been investigated. Those reviews have been evaluated, and we have taken steps to address the issues identified,” Ramsdell said.

To re-evaluate the claims would require going back into the records, work the Statesman Journal would need to pay for, she said.

Investigations confirm allegations

In October 2015, in response to the whistleblowers' complaints, then-division administrator Gregg Dal Ponte asked ODOT’s Audit Services to examine the division’s contracting practices.

Garrett, the ODOT director, asked the Oregon Department of Justice in December to investigate the whistleblowers’ other complaints.

Dal Ponte did not respond to an interview request. Garrett, through spokesman Tom Fuller, declined to be interviewed or answer written questions from the Statesman Journal.

"He concurs that this is really a Motor Carrier issue, not something that touches the department as a whole," Fuller said.

The results of the investigations:

OSHA cited Scales Northwest in December 2015 for workplace safety violations related to performing electrical work without proper licenses or safety precautions. Scales Northwest was not fined.

Investigations into the employees’ workplace complaints against Fifer, completed in February 2016, confirmed allegations that he visited his in-laws on state time and in a state vehicle, told workers to knock off early without taking leave time, and repeatedly used a racial slur in the workplace. There is no record of disciplinary action in Fifer's personnel file, an ODOT labor relations manager said.

ODOT’s internal investigation into division contracting practices, completed in May 2016, examined two contracts with Scales Northwest. It found the division paid more than $1.3 million on a contract that was legally limited to $396,505.

On another contract, investigators reviewed 40 invoices totaling $403,534 and were unable to match $329,190 back to items priced in the contract. The division was billed and paid without individual items broken out.

"Although the overpayments may appear small, they were identified only from the $74,344 that we could match back to the contract," Marlene Hartinger, ODOT’s chief of audit services, wrote in the report.

“We identified weaknesses in contract administration practices related to managing expenditure limits, reviewing invoices, and processing change orders,” she wrote.

The investigators identified at least $1,949 in overpayments to Scales Northwest for incorrect per diem reimbursements, incorrect prices for parts and incorrect labor rates.

Investigators also found electrical work performed by two contractors at weigh stations across the state that lacked documentation to show it was done by licensed electrical contractors.

Then-division administrator Dal Ponte, however, disagreed with the findings. He wrote a scathing response saying ODOT’s procurement office shared the blame. Hartinger, the auditor, then wrote back reaffirming her findings.

The Oregon Department of Justice investigation, completed in April 2017, echoed ODOTs internal investigation, finding that contract amounts were exceeded and inadequate detail was provided to support invoices.

It confirmed the whistleblowers’ claims that invoices were split up to circumvent procurement laws, which require open bidding for jobs above a certain amount. Fifer told the investigator that was either done by mistake or because he considered them separate jobs.

It also found that Fifer drew architectural plans, despite not being certified to do so, and repurposed plans from previous projects. Fifer told the investigator he did not want to incur engineering expenses of $100 per hour.

The investigation found that, after Knight requested bucket truck training, Fifer typed up a certificate stating Knight had been trained. Fifer told the investigator that although the training usually is provided by an outside agency, he felt qualified to issue the certificate because he had taken the training and had shown the employee what to do. Knight told the investigator he did not receive any training until later when he took an accredited course.

And the DOJ found that contractors and maintenance techs performed electrical work without being appropriately licensed. In 2008 the Oregon Building Codes Division had explicitly warned McKane and Fifer of the requirement that contractors and subcontractors must use licensed electricians to perform certain work. Fifer denied that he instructed the techs to perform the work and said he was not aware that contractors did so.

Ramsdell, the new division director, said she doesn’t call DOJ’s work an investigation.

“We just call it a third-party review of the process,” she said. “It’s an impartial review from someone who’s maybe one step removed."

Ramsdell said she believes all electrical work at weigh stations was done to code; that professionally engineered drawings were used for all projects that required them; that proper width restrictions were in place during maintenance on weight-in-motion stations; and that employees had and followed "job hazard analyses" for all of their tasks.

“They had the right tools to do the work safely,” she said.

Ramsdell said that on her first day of work, she put in place an “operational notice” laying out when certified engineers must be used in construction and maintenance projects. She also required all Motor Carrier Division employees who administer contracts to receive contract training.

“We’ve addressed the billing issues that were identified, we’ve created an invoicing method we will use moving forward, and we’ll do periodic reviews to ensure that we’re in compliance,” she said.

Retaliation by managers alleged

In March 2016, Law sent ODOT a tort claim notice stating he intended to sue for violations of state whistleblowing and anti-retaliation laws.

He had been put on 30 days paid administrative leave in November 2015 after Steve Orr, president of Scales Northwest, and Jim DeSantis, president of DeSantis Directional Drilling, complained that he was difficult to work with.

“Of course they thought that,” Law said. “I turned them into OSHA for not following proper procedures.”

DeSantis' phone number has been disconnected and Scales Northwest couldn't be reached for comment.

Motor carrier employee Susan Coffey, who sat next to Fifer, told investigators she heard Fifer on the phone with the contractors prompting them to tell him of any problems with Law.

“He and Dave McKane were looking for something to hang Gerritt with,” Coffey told investigators in a recorded interview.

Law was fired in April 2016.

ODOT also cited inaccuracies in the hours Law reported to an electrician licensure apprenticeship program he was enrolled in. The program investigated his hours following a complaint from Scales Northwest’s Orr.

Law questioned how Orr had access to that information, which should only have been available to his managers.

The DOJ investigation report, released after Law was fired, did not address the question of retaliation, and ODOT settled Law’s lawsuit without admitting guilt.

Since then, two other whistleblowers have been transferred to different ODOT divisions.

Ramsdell has contracted out the work of the former maintenance technicians to two companies, including Scales Northwest. Last month she signed a new 5-year, $6 million contract with the company.

Fifer and McKane remain in their positions. There is no record of any disciplinary action in their personnel records, Carla Finegan, ODOT’s labor relations manager, said.

Garrett, ODOT's director, had asked Dal Ponte to stay on for another year after his planned retirement in June 2016. But that was scuttled in May 2016, following public outcry when Dal Ponte took a side job with a company that sells electronic data units to trucking companies.

Dal Ponte retired and now is director of regulatory compliance at Oregon Trucking Associations, an industry trade group that works with ODOT.

tloew@statesmanjournal.com, 503-399-6779 or follow at Twitter.com/Tracy_Loew

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