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No charges in truck probe

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BY DEENA WINTER / Lincoln Journal Star

Monday, Oct 30, 2006 - 11:18:44 pm CST

Bad judgment? Yes. Bad behavior? Yes. Ethical lapses? Yes. Criminal wrongdoing? No. A timeline of the firetruck scandal

That’s the upshot of the report Lincoln Police Chief Tom Casady gave the City Council Monday on the investigation into the city’s troubled purchase of seven new firetrucks.

In a nutshell, police found that former Fire Chief Mike Spadt and Assistant Chief John Huff knew the new firetrucks did not meet the city’s specifications but kept that information from Mayor Coleen Seng when concerns were raised.

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Casady

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Trouble from start to finish: A firetruck timeline

And the fire department’s Deputy Chief of Maintenance, Dennis Klein, told police Huff and Spadt leaned on him to keep quiet about the firetrucks’ deficiencies. Huff denied pressuring Klein; Spadt refused to talk to police.

Klein eventually alerted an assistant city attorney, Casady said, setting off the chain of events that led  Seng to ask for Spadt’s resignation and put Huff on paid administrative leave after she discovered the trucks weren’t what the city ordered.

“We did not find anything that constituted a crime,” Casady said. “We’re not saying at all that there weren’t some highly inappropriate things going on here. … There are lots of bad things that people do that do not meet the elements of a crime. … That is the situation here.”

Police were charged with investigating whether any crimes were committed in connection with the $2 million firetruck purchase. The highly sought-after bid was won by Lincoln’s EDM Equipment Co., a distributor for Florida manufacturer Emergency One.

Casady said police looked into the possibility of bribery, official misconduct, obstructing government operations or theft by deception but didn’t find enough evidence to support such charges.

The city’s technical investigations unit has pretty much wrapped up its investigation, although the case will remain open indefinitely, and police will pursue any new leads.

There were a few obstacles in the investigation:

n Police were unable to review fire department e-mails sent before March 2, 2005, due to a change in the department’s e-mail system.

n Spadt was the only person who refused to be interviewed by police, asserting his Fifth Amendment rights against self-incrimination.

n Police didn’t have sufficient evidence to get a search warrant to check EDM or Spadt’s banking accounts. However, the FBI, which has independent subpoena power, has taken steps in that direction, police said. Casady said police didn’t ask to search Huff’s accounts.

To illustrate the amount of police resources that have been devoted to the investigation, Casady showed the council a 5-inch thick pile of documents. He said they conducted more than two dozen interviews; gathered 16 statements, most from people represented by lawyers; did a forensic examination of three computers; reviewed 54 documents, 374 telephone calls and thousands of e-mails.

The investigation showed Klein and the city’s purchasing agent, Vince Mejer, “saw this coming” way back during the bidding process, when there were already questions about whether EDM’s bid met the city’s specs.

Police found a huge amount of communication between EDM President Jeff Mellen and Spadt throughout the bidding process and right up until the day after Spadt resigned. Casady said some of the communication “made me blanch,” primarily from Mellen to Spadt.

Casady said hundreds of cell phone calls were placed between Mellen and Spadt in a 29-month period, but police found none between Huff and Mellen.

It was clear that Spadt intervened on EDM’s behalf several times, Casady said. For example, on Jan. 4, Mellen sent Spadt an e-mail alerting him that Mejer wanted to inspect the firetrucks.

Mellen suggested Spadt call him off by telling city Finance Director Don Herz that if Mejer doesn’t “back off immediately,” Spadt would go to the mayor since she took Mejer off the purchase during the bidding process.

The following morning, Spadt sent an e-mail to Herz saying he, Huff and Klein had inspected the trucks and were satisfied with them. “I have enough controversy in my life,” Spadt said in the e-mail. “Dennis is happy; we should all be happy.”

Casady said the e-mails make it clear Spadt, Huff and Klein knew the trucks didn’t meet specs. The discrepancy between the city’s specifications and the “factory build” order placed with E-One became evident at a pre-construction meeting, Casady said.

“Insufficient work was done to make sure that what we specified was exactly what was ordered by the factory,” Casady said.

The first official indication the trucks didn’t meet specs came via a Jan. 31 note faxed to Mejer and then forwarded to the mayor. The following day, Casady said, there were a number of phone calls between Spadt and Mellen.

“There was an attempt by Spadt, and to some extent, Huff, to keep this from becoming a tempest,” Casady said.

But Spadt assured Seng and her staff that the trucks were OK.

Casady said the investigation has shown the city needs to officially adopt more specific rules and regulations governing major purchases. Violating the purchasing division’s guidelines can result in disciplinary action, he said, but not criminal action.

After Councilman Jon Camp suggested the trucks were delivered late because EDM wasn’t paying E-One, lead investigator Steve Niemeyer said E-One eventually got paid for the trucks by collecting the surety bond.

Spadt did not return a call Monday seeking comment, and Huff and Klein’s attorneys declined comment. Mellen said he would comment at a later time.

The city personnel director, Don Taute, is continuing his own investigation into the matter, which will help determine Huff’s fate and whether additional disciplinary action against city employees is warranted.

This doesn’t mean the city’s beef with EDM ends.

“This is a civil matter,” Casady said.

So did the city get cheaper trucks than it ordered? Casady said there’s still major disagreement over that issue, and he doesn’t know. That’s a civil issue the city and EDM will likely be fighting over in court some day.

Reach Deena Winter at 473-2642 or dwinter@journalstar.com.


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BS wrote on October 30, 2006 5:36 pm:
" Thanks mayor!! Sure needed that good belly laugh. Why didn't you just attend the meeting between EDM, E-One and the city???????? And what about those signed change orders--- obviously YOUR signature wasn't forged (that would be criminal), did they just appear? There was NO reason Lincoln had to waste money and the police departments time, all you had to do was WORK TOGETHER. But the what fun would that be?!?! "

 Tampa Husker wrote on October 30, 2006 6:16 pm:
" It's too bad Mike Spadt had to take the fall for this situation! "

 ugh wrote on October 30, 2006 7:22 pm:
" Spadt "took the fall" because he lied! He was dishonest and didn't do his job - which was to be sure the trucks met the specs. He deserved to "take the fall" and it should have been a bigger drop with a bigger splat at the end. Thank goodness he is gone! "

 Rick T. wrote on October 30, 2006 7:55 pm:
" BRING BACK HUFF !!!!! "

 come on ugh wrote on October 30, 2006 8:20 pm:
" spadt took the fall because he had to lie, he was given no other option whent he pressure was so high to get the new trucks and get them now. The paper has printed less than a tenth of the real story. You should try being on the fire dept end of things before talking. "

 drag racer wrote on October 30, 2006 9:46 pm:
" It's no wonder a guy can't even get a drag strip built in this county. "

 No Surprise Here wrote on October 30, 2006 10:46 pm:
" It was no surprise that there would be no charges and for what nothing and Spadt took a fall because he was under pressure from the mayor because the trucks were late and the Mayor wanted answersand he had none to give her. What is the worst part of it is that it cost the city for a investigation that was needed and the answers were under Seng's nose and yet she was blind to it and who knows why except that she had to make a mountain out of an ant hill and everybody has to get upset over nothing. If the city is doing such a poor job of things then vote them out or recall them or do nothing and that is what is being done here just nothing is being done about it. "

 Observer wrote on October 31, 2006 6:02 am:
" The very first error was when Vince Mejer in Purchasing was removed from the bidding process and Mayor Seng was the only person who had the authority to accomplish that move. "

 Think a bit wrote on October 31, 2006 6:19 am:
" This can not be the end of the story. Something is not answered.. what was Spadt's motivation for doing this? Why make a hundred plus calls to Jeff Mellon of EDM? Were they both bored with nothing better to do so Hey, let's change the construction of the trucks & see if anyone catches it? As for Spadt & others having to lie. If he/they did nothing wrong and the trucks were late due to the company in Fl. then all that had to be done was tell the truth about the situation and Ms. Seng should have had someone follow up. Where was the integrity of these LFD people? Someone posts " we should be on the Fire Dept end before talking." Well, the taxpayers have been waiting for years for LFD members to open up and TELL us the real story but you do not and we know it is due to Union retaliation. Until you fix that problem, you are going to continue to be questioned. LFD elects to remain deceptive. The truth will set you free. "

 Dee wrote on October 31, 2006 6:40 am:
" I worked for the city for 15 years, I made several capital purchases during that time, and I am not surprised at these events. The purchasing system in the city, as well as the hiring system and promotional system leaves too much room for nepotism, cronyism, and favoritism. In fact, the whole of the middle management with in the city demands an atmosphere of "yes" men. The city has lost many bright talented professionals who started in entry-level positions and see the lay of the land. Unfortunately, they are unable to affect change from their position and leave for the private sector as soon as the ethics of their superiors become apparent. Fortunately, the city has also hired some incredibly enlightened top management officials in the last five years. Perhaps this is just the beginning of a change in "the way we do things around here" attitude that has manifested itself over time. "

 Curt wrote on October 31, 2006 8:48 am:
" The fix is in. "

 Appology Accepted wrote on October 31, 2006 9:06 am:
" "No charges in truck probe" This statement tells it all. The city owes Mike Spadt an appology! "

 The real villan wrote on October 31, 2006 9:10 am:
" Everyone here has pointed a finger, but what about Jeff with EDM? I don't think we have heard the end of this, particularly if the FBI is still investigating their end of it. "

 MW wrote on October 31, 2006 9:23 am:
" If I went to work, lied, covered it up, pressured others to lie, and cost people thousands of dollars, I would certainly expect an apology for being held to the flames when things came to the surface... NOT!! If you can honestly believe that Spadt is clear of any wrongdoing in this fiasco, then I have some oceanfront in AZ I'd like to talk to you about! "

 outraged wrote on October 31, 2006 9:56 am:
" This needs to go to the State Patrol and Attorney General "

 Tampa Husker wrote on October 31, 2006 11:03 am:
" Ugh, god forbid we hold the mayor accountable for her actions. Just one more knock against pathetic Lincoln and the local government. This is the exact reason why talented, young individuals leave Lincoln and state, not to mention the old school people like yourself. "

 Unbelievable wrote on October 31, 2006 11:38 am:
" I wonder why I have NO trust in anyone in this city??? Everything is like a bunch of toddlers in a play pen duken' it out. The reason property taxes are way out of line, they are just plain ROBBING the citizens and there is NO leadership anywhere, be it Chamber of Commerce, lawyers, business professionals??, no one or group to put a stop to this nonsense, be it city or state. Coming from another state, it is just plain SHOCKING. The more educated people any where, the worse it gets!!! YOU WILL REAP WHAT YOU SEW!!!! "

 Predictable wrote on October 31, 2006 11:40 am:
" Nothing here should be surprising. There seems to be a lack of focus on the Mayor's role in this mess. Obviously, the Police Dept should have recused themselves from this, since the Mayor can fire the Chief. This should have gone to the State Patrol, the Attorney General and the State Auditor. The Auditor offered to handle the bean counting for this investigation but was told by the city "no thanks." By keeping the outsiders from seeing all the facts, the outcome is better controlled. As for the members of the Fire Dept that say they should be left out of the controversy, let's remember how they pulled out all the stops during the last election and carried Seng to the Mayor's office. Now if they want to speak, they are protected by federal whistleblower laws so speak up or shut up. "

 oh boy wrote on October 31, 2006 11:45 am:
" That's the power of the union and the hero's of 911 as they like to call themselves "

 Observer wrote on October 31, 2006 11:49 am:
" How can one conclude that there has not been a violation of criminal law when no one has reviewed the financial records of ex-Chief Spadt, Mellen and EDM? Why not wait for the FBI to make their attempt to review the records before saying the matter was of a civil nature? And, if it's clear that Chief Huff had knowledge of the circumstances and didn't report them to the appropriate authority, why should he keep his position? "

 U Bet wrote on October 31, 2006 12:52 pm:
" Isnt it funny that once again someone from office is looked at by someone else in office and they found "no criminal activity". Anytime someone on the streets does something even remotely suspicious the police are right there to slap the cuffs on, then ask questions later. It all about the politics and who rubs whose elbows. People wonder why there is such a low opinion of the offices in lincoln and the bull heck they do. Well if you people are reading this. Quit wondering.. "

 Chef wrote on October 31, 2006 1:50 pm:
" This mayor took unprecendented steps to thoroughly investigate the matter but little credit is given. Anyone who has read the report also know that LPD did a superb, very detailed analysis. In general there are no "investigations" in the private sector - or State government, thusfar. "

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