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Controller presents public-integrity review on airport contracting; finds competitive awards but flags improper commissioner communication
Summary
The Controller—s Office presented its fourth public-integrity assessment on Jan. 11 and to the GAO committee Feb. 4, finding that the airport—s competitive solicitation processes produced the lease at issue but documenting improper contact by a former commissioner and recommending stronger SIA training, codification of prohibitions and improved data tracking.
The Controller—s Office told the Government Audit and Oversight Committee on Feb. 4 that its fourth public-integrity review, issued Jan. 11, examined contract-award practices at the Airport Commission and selected other commissions and boards.
Acting Director of Audits Mark Dela Rosa said the office found the airport—s revenue-contract solicitation and selection processes were "robust" and that concession lease number 5 (the lease referenced in the FBI complaint tied to the Mohamed Nuru matter) was awarded following the Revenue Development and Management Division—s competitive solicitation; the review concluded the award was not given to the bidder named in the federal complaint.
However, the report documented an improper contact by former Airport Commissioner Linda Creighton with a potential bidder during the solicitation—s quiet period and concluded she should have reported an improper request for preferential assistance to the City Attorney. The Controller—s Office also surveyed several other commissions (Port, Rec and Park, MTA, PUC, TJPA) and found differences in written prohibitions and panel participation.
The Controller—s Office offered five recommendations: revise commission policies to make clearer limits on member involvement in contracting; require annual SIA training in consultation with the Ethics Commission and create reporting mechanisms; codify prohibitions on selective assistance in city law; strengthen solicitation documentation and communication restrictions; and coordinate with the City Attorney and Ethics Commission to consider amendments to Statements of Incompatible Activities. The office also recommended centralizing tracking of campaign/contract disclosure forms (Form 126 and related filings) to improve early visibility of potential conflicts.
Deputy Controller Todd Reitstrom and representatives from the City Attorney—s public-integrity unit described the practical limits of internal sight lines, the use of whistleblower tips and compelled interviews when investigations require them. The committee asked for further follow-up; the item was continued to the call of the chair for additional hearings as investigations proceed.
