MoDOT struggles with credibility, accountability

JEFFERSON CITY, Mo. -- Casting blame on the Missouri Department of Transportation has become sport in the state Capitol.

The mantra from various groups and individuals upset about the poor overall condition of the state highway system is MoDOT lacks "credibility" or "accountability." The two terms often are used interchangeably.

As to the former, even department officials admit a credibility problem with the public following a nearly 3-to-1 voter rejection of a half-billion dollar transportation tax package in August.

However, when it comes to accountability, MoDOT officials don't think the department is lacking.

"Personally, I believe MoDOT has become one of the most accountable departments in state government," department director Henry Hungerbeeler said at a recent legislative hearing.

Hungerbeeler can make a strong case for that position. In addition to internal controls aimed at improving departmental operations, MoDOT is subject to routine performance reviews by the state auditor's office, annual independent audits of its finances and is one of the few state agencies required to submit annual reports to the General Assembly detailing its actions and progress.

Perhaps most significantly, MoDOT decisions are subject to the highest level of scrutiny by transportation stakeholders and the press. Unlike meetings of the governing boards of other state departments, the State Highways and Transportation Commission always plays to a packed house.

Hungerbeeler is at somewhat of a loss as to how to address the credibility and accountability issues -- both of which stem from the commission's 1998 decision to move away from its ambitious 1992 construction plan.

As lawmakers involved with the 1992 plan explain it, the department came to the General Assembly with a list of projects it could build over 15 years with an additional 10-cent fuel tax. During the legislative process, the list of projects grew while the tax was trimmed to 6 cents phased in over several years. In 1998, the commission was forced to admit the 15-year plan was woefully underfunded.

Hungerbeeler notes that none of the commission members or upper MoDOT management from 1992 are still around and that most of the commissioners from 1998 are gone. He also said MoDOT has imposed stricter financial standards that have resulted in construction programs that in recent years have come in under budget.

So Hungerbeeler asks: "What would the public have us do to make sure we don't make those mistakes again?"

Changing picking process

With the overwhelming defeat of this year's tax proposal, the General Assembly seems unlikely to tackle the funding issue when the legislative session begins Jan. 8. The incoming Republican majority in the House of Representatives instead plans to make changes in the process of selecting highway commissioners its top transportation priority.

State Rep. Lanie Black, R-Charleston, looks to be the point man on the issue. In recent years, Black has pushed a bill that would give legislative leaders a say in how commissioners are chosen.

With the intent of reducing the role of politics in highway funding decisions, the Missouri Constitution gives the six-member commission a large degree of independence from both the governor, who ultimately runs most other departments, and the Legislature, which writes the budget for other agencies.

The governor appoints commissioners -- three each from the Democratic and Republican parties -- who serve six-year terms. His choices are subject to Senate confirmation.

Under Black's proposal, the governor would have to fill a commission vacancy from a list of three names submitted by legislative leadership. Republican lawmakers would compile the list for a GOP opening and Democratic lawmakers would do likewise for their party's seats.

In the current system, Black said governors tend to appoint members of the opposite party who are sympathetic to the party of the governor.

The bill would also bar commissioners from engaging in overt political activity. For example, former commission chairman S. Lee Kling of St. Louis frequently drew heated criticism from Republicans for his role as a top fund-raiser for Democratic candidates and issues.

Although his bill enjoyed a degree of bipartisan support in the past, Black admitted it could run afoul of the constitutional doctrine of separation of powers. While the role of the legislative branch is currently limited to affirming or rejecting gubernatorial appointments, Black's proposal would directly involve lawmakers in what is currently an executive-branch responsibility.

Senate President Pro Tem Peter Kinder, R-Cape Girardeau, said he's willing to give Black's proposal a serious look but said Senate Republicans haven't yet settled on a course of action for addressing the transportation issue.

"I think we are all still sifting through the rubble of the August vote and trying to sort it out," Kinder said.

mpowers@semissourian.com

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