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Hernando Today

Purchasing boss denies lawyer's claims

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By MICHAEL D. BATES | Hernando Today

Published: November 17, 2009

BROOKSVILLE - County Purchasing Director James Gantt denies allegations by a Brooksville law firm that claims he and his department violated the law by failing to properly post or advertise meetings to acquire and retain professional services.
"I dispute all of it," Gantt said Tuesday after Hernando Today provided him with the two-page report written by attorney Robert Morris with the Morris Law Group in Brooksville.
Gantt said he had not seen the report before and expressed surprise while reading through it.
Morris is calling for an immediate investigation by an independent agency and also the state attorney.
"Hernando County has continually failed to act within the law and has made no attempt to rectify its continued violation of the statute," Morris said.
After concluding the letter, Gantt provided Hernando Today copies of a bid posting on one of the disputed projects — a request for qualifications for professional engineering services for utilities relocation for the State Road 50 widening project from U.S. 19 to Mariner Boulevard.
Gantt also gave Hernando Today a list of firms involved in the bidding process and requests for qualifications.
"To the best of my knowledge, we advertise every meeting that takes place," Gantt said.
He said all bids are advertised on the county's Web site, in the media and on a bulletin board outside his third-floor office.
"I just don't know what to say about it," said Gantt, who stressed nobody from Morris' law office talked to him.
Morris' letter was dated Oct.20 and sent to County Administrator David Hamilton.
Hamilton said the next day he forwarded Morris' letter to the county legal office for review and comment to see whether there is any merit to the allegations.
Assistant County Attorney Jon Jouben said Tuesday he reviewed the letter from the viewpoint of possible Government-in-the-Sunshine law violations.
"We found no evidence of a Sunshine Law violation," Jouben said. "Pursuant to the county's fraud policy, we referred the matter to Peggy Caskey, the county's audit director."
A representative from Caskey's office said she was on vacation and would be back today for possible comment on her investigation.
In his letter, Morris recommends the immediate dismissal of the person or persons responsible for violating state law "whether such violation was an oversight or willful."
Morris said failure to recognize and understand the applicable law "calls into question the abilities of the employee or employees to properly execute their duties."
Morris recommends all ongoing, existing and pending contracts be immediately dismissed.
This includes contracts on county commissioner-approved contacts involving the Peck Sink project, Ridge Manor wastewater treatment plant, the State Road 50 widening project from U.S. 19 to Mariner Boulevard utilities relocation and others.
He also calls for a halt to the current purchasing selection process and a new procedure prepared with public input addressing all steps required by state and federal laws and the appointment of a competent custodian for the new procedure.
Tonya Griffin, purchasing assistant for Gantt, who is responsible for making sure all public notices are properly posted, also disputes the allegations in the Morris letter. Further, she cannot recall anyone from Morris' office contacting her.
Morris could not be reached for further comment on the letter and to reveal the name of the client who originated the complaint.
But Gantt, the county's purchasing director since Nov. 16, 1992, said he believes it is from a disgruntled bidder on several of the referenced professional contracts.
Gantt has been the county's purchasing director since Nov. 16, 1992. His office typically recommends the lowest, most responsible bidder on projects, he said.
"We've got a standard operating procedure we must follow (and) we are well aware of the Sunshine Law rules," he said.

Reporter Michael D. Bates can be reached at 352-544-5290 or mbates@hernandotoday.com.

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