EPA takes over lawsuit against Cleveland's pollution program

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http://www.ohio.com/bj/news/ohio/docs/003874.htm

Government takes over lawsuit against Cleveland's pollution program

June 16, 1999

BY AMY BETH GRAVES

Associated Press Writer

CLEVELAND (AP) -- The federal government is taking over a lawsuit filed last

year by a whistleblower who alleged the city's air pollution control program

misused grant money.

The Cleveland Bureau of Air Pollution Control misused $432,942 of more than

$2.3 million that it received from the U.S. Environmental Protection Agency

from 1994-98, according to U.S. Attorney Sweeney.

The U.S. Department of Justice took over the original lawsuit by filing an

amended complaint Wednesday in U.S. District Court.

Federal officials started investigating after Pram Nguyen, an agency

employee, alleged numerous abuses of federal funds, including the city

hiring employees who did not spend all of their time on air pollution

control, hiring unqualified workers and failing to properly administer the

pollution control program.

Cleveland Mayor R. White said in a news release Wednesday that the

city has cooperated with investigators and acknowledged problems with its

air pollution program.

The Ohio EPA has given the city one year to clear up problems after a report

indicated the bureau had been lax on enforcement and plagued by staff

turnover.

``We take this matter very seriously,'' White said. ``Clearly we have

experienced challenges with our air program.''

EPA officials audited the pollution program in February and March and

determined that the city wrongfully spent federal money for the salaries and

wage benefits of employees who did not work in the city's air pollution

control office, according to the complaint.

Auditors found EPA grant money was wrongfully spent on computers, property

rentals and purchases, the complaint said. Auditors found it difficult, if

not impossible, to conduct the audit due to a lack or records, according to

the complaint.

Assistant U.S. Attorney Rokakis would not elaborate Wednesday on the

allegations.

White said the city's own investigation of the program found bookkeeping and

administrative problems. City officials disciplined several employees and

put a new leadership team in place, he said.

``To date, there has been no finding of any malicious intent to misrepresent

information to the U.S. EPA or any other agency,'' White said.

Nguyen, who was an engineer in the air pollution department for four years,

welcomed the news that the government took over his lawsuit. He said he

often complained to supervisors about problems with the program, but they

didn't take action. He quit just before filing his lawsuit.

``I had to inhale and exhale the bad air and didn't want my family to

breathe it or anyone else. The program was all screwed up,'' he said.