FRANKFORT, Ky. (AP) Two construction companies have filed a class-action lawsuit against the state’s Transportation Cabinet, its director and the state highway engineer, alleging racketeering and civil rights violations.
Transportation officials used the state’s Disadvantaged Business Enterprise Program ”as an enterprise to commit fraud’ by awarding contracts to companies ”they knew were unqualified to participate in the program,’ according to the lawsuit filed in Franklin County Circuit Court.
That practice deprived legitimate candidates from benefiting from the program, according to the suit.
Plaintiffs Chaz Concrete Co. of Louisville and Grant Trucking Co. of Jeffersonville, Ind., say Transportation Secretary James Codell III and state highway engineer J.M Yowell manipulated the process to qualify companies they knew were not eligible. They’re seeking unspecified monetary damages.
”We’ve been relying on government to fix the problem for quite some time, and it’s never worked,’ said Kent Wicker, an attorney representing the two companies. ”It’s a sad, sad day when citizens have to sue to get good government, but that’s what it’s come to.’
The Disadvantaged Business Enterprise Program is aimed at helping socially and economically disadvantaged companies compete for state contracts. Certification in the program helps construction companies owned by minorities and women get work as subcontractors on state road projects and other public construction projects.
Gov. Paul Patton’s former mistress Tina Conner has claimed that during their affair the governor helped get ST Construction, a company she owned, certified for the program. Conner’s former company was mentioned in the suit.
Patton and Codell have denied any impropriety in the process that led to Conner’s defunct company’s certification.
Speaking to reporters Wednesday morning at the Capitol, Patton said he thought Codell and Yowell ”acted personally with great responsibility and correctness.’ He said Codell has ”done an outstanding job under some very adverse circumstances,’ and didn’t know of any reason to think either acted improperly.
”Obviously, that would be something in this case for the courts to decide,’ Patton said. ”But as far as my knowledge is concerned, I know of no reason that they have not executed their responsibilities correctly, properly and legally.’
The Transportation Cabinet issued a written statement denying the charges.
”The Transportation Cabinet categorically denies any and all allegations of illegal activity or wrongdoing contained in the lawsuit,’ according to the statement. ”These allegations are similar to ones that have already undergone the scrutiny of investigative agencies both Federal and state.’
