Complaint Review: Lori Moses Christine Schwartzott Fred Burger and Nancy Mallory of Monroe Community College - Rochester New York

Peter, Thanks for getting me this information before class. And thanks for sharing your views with me. Classes are made up of a wide variety and diversity of students. Students like you who are always prepared and willing to participate emerge as the leaders in business and the community and at the same time you are providing your classmates with some very stimulating ideas to ponder and think about. Your q and a on the exploratory interview are great. I glanced over them quickly and will look at them more carefully by Thursday, but on first impression they appear to cover all the key points I am looking for. Peter, I am also concerned about your concerns with the next 9 hours of class work that you need to complete. Maybe we could talk about who is scheduled to teach those classes and which ones you might find more stimulating than others. About transferring, I would suggest that you go and talk to a counselor in the Counseling Center at Brighton or come and see me on a Monday between 10 and 12 noon at the Damon Advisement Center and maybe together we can help you find what you are looking for. Thanks again for the message. See you Thursday. AR Anne M. Ranczuch Associate Professor Business/Economics Monroe Community College Damon City Campus Rochester, NY -----Original Message----- From: Peter ] Sent: Sun 4/2/2006 5:59 PM To: Ranczuch, Anne (Business Administration & Economics) Subject: Hope the trip went well, here is a peek at my homework Hi Professor, I just wanted to send you some of my homework in early. I figured you might be bored, since so many students bring in the work late. I think after you take roll call, we should also take a pocket mirror and put it under a few students noses to see if they are breathing. Trust me, it is not your teaching. Every once in a while you get a stale group. If I had more professors like you, I might stay at MCC longer. The problem is, the two stale (and stale is putting it mildly; I'd rather listen to George Bush talk about quantum physics, than take another class from them) ones I had last semester teach the rest of the 9 credits I need. I'm going to need to find a way to transfer, and not lose the credits I have. If you have any ideas on what colleges might accept my credits, I'm all ears. Thanks, Pete

This goes out to the parties involved in the pictures that were taken, and posted on the website mentioned in the MCC article that recently made the front page. At the initial time that those pictures were taken, I selfishly conceived them as my personal property; partly in ignorance, and lastly in a lack of better judgment. It was half a joke, and mostly an action that lacked sight of the negative repercussions (of those photographed) that affected all those involved. A few months after they were posted, I had forgotten about them. While I feel bad for causing such alarm, and anguish for those that were in said photographs, I do not think that writing a front page story attacking me was any better than the wrong that I caused. On the crime reports at the college many injustices are listed, harassment, assault, robbery, drug violations, etc., nowhere in those articles are the perpetrators names listed. Had the story been written without my name attached, I would have seen the need to write a letter of apology to those involved, and send it to the Monroe Doctrine as a peace offering. I was warned by many of my friends that have worked at the college for many years that there was going to be some back lash due to the fact that I took VAPA head on like a freight train running. They never told me specifics, al they said was "watch your back". This is why my inital response was so heated, and full of venom. Some of the parties that I went up against are known for their revenge tactics. Two wrongs don't make a right, and I have spoken to a great many people (Mr. Ryther included) that saw this article more as a cheap tabloid revenge tool, than what it could have been (a demand for resolution, and a way to make amends). I feel bad that people were offended and hurt by my previous actions. Most of my friends are women, and I feel like I let them down also. Many of my female friends have forgiven me, and they see that there is more to me than this mistake that I made over a year ago. I hope that those affected by this situation can some day accept my apology. I hope we can all move on, and leave the past behind us.

----This was another article in The D&C about some of the corruption and proof of 'The Good Ol' Boys' system in place at the college------- Heat put on MCC dorms project Questions raised about oversight, accountability. James Goodman Staff writer, Rochester Democrat & Chronicle (March 26, 2006) With as many as 756 Monroe Community College students on the waiting list last year for student housing, the need for more dorms has not been a matter of debate. But the plan to build an $18.4 million housing complex on the Brighton campus is under fire raising questions about accountability and oversight, about labor standards and possible cronyism. MCC proposes additional on-campus housing for 366 students. They would live in three buildings on 6 acres on the north end of campus, just east of the existing dorms. It's how MCC wants to undertake this project that has raised questions questions that are expected to come up again April 11 at a Monroe County Legislature public hearing on the land sale. A vote by the full legislature could come that same day. MCC officials want to buy the land from Monroe County for about $260,400, even though the land could be leased from the county for just $1 a year. They hope to begin construction in June and have the new housing units completed by the fall of 2007. The project has drawn criticism from some county Democratic lawmakers and local unions. The issues they raise go beyond student housing. The project touches on broader questions: What kind of oversight will be exercised and what standards will be expected when a project is for public purposes but is handled by a private organization? In this case, the private entity is the Monroe Community College Association, which would own and operate the dorms. The nonprofit association has close ties to the school. Not only is the association's chairwoman, Susan Salvador, an MCC vice president, but also the other 14 members are school officials and student representatives. It is described by MCC as part of the campus center team serving students' needs and is responsible for a budget of about $14 million that includes food service and athletic activities. "The association is a nongovernmental corporation," Salvador said. "And it is building a project that is not regulated by the rules of public projects." In addition, the decision to select The DiMarco Group as contractor for the project was not done by competitive bidding, but was the result of ongoing discussions by the association and satisfaction with DiMarco's work designing the existing student housing, Salvador said. Democrats say that, despite the private nature of the association, the project should be put out for competitive bid. They also say that it should not be exempt from paying the prevailing wage just because it's not being called a public works project. "I have some real concerns," said Legislature Minority Leader Carla Palumbo, D-Rochester. "What this really amounts to is a public works project." Brighton officials have also raised concerns, among them that the complex would further stress town fire services. The project still needs approval from the Brighton Planning Board. MCC is among the growing number of community colleges that have built on-campus housing with the help of a nonprofit organization because state regulations forbid community colleges from building or running student housing facilities. The dorms have proved inviting to local students and those from out of town. Carmella Affinito, 20, of Syracuse was on a waiting list for housing last year and was relieved when a room opened up. Carl Ross, 19, of Rochester doesn't want to worry about catching a bus to MCC every day. "I'm now trying to get into the dorms," said Ross, who hopes to be hired as a residence assistant. The deal Under the proposed deal, the association would buy 6 acres from the county and purchase access to about 1.6 acres for the new dorms for about $260,400. The $18.4 million project would be financed by bonds paid off with the fees that students pay to live in the new housing. The existing dorms cost students $2,700 a semester. MCC plans to have tax-free bonds sold with the help of the County of Monroe Industrial Development Agency, which would allow a low interest rate. That financing proposal will be considered by two County Legislature committees this week. Typically, any construction project exceeding $20,000 that involves public funds must use a competitive bidding process, with sealed bids and the project going to the lowest responsible responsive bidder, said Monroe County Attorney Daniel M. DeLaus Jr. But as it is planned, the project is not being considered a public works project and thus is not subject to competitive bidding rules and the state prevailing wage law. Initially, the association, which owns and runs the existing student housing, was just going to lease the land from the county. At Monroe County Executive Maggie Brooks' request, the County Legislature last April approved leasing 10.7 acres for three decades, at $1 a year. The arrangement is similar to that for the existing dorms. But two weeks after the legislature's approval, state Labor Department senior attorney John D. Charles responded to concerns raised by lawyers for a local labor union and issued a memo that said: "With all due respect to the college president's claim that 'case law supports the conclusion that the project is not public work,' the fact is that case law supports the opposite conclusion." Charles cited a court decision on a different project elsewhere in the state that was primarily for public use and noted that the "public nature" of the MCC project is "stronger." Local union leaders are concerned that the state prevailing wage, not paid for the first MCC housing project, would not be paid for this project. The prevailing wage, required by state law and the state constitution for public works projects, is determined by surveys of area wages, and must include enough to cover health and pension benefits. Without the prevailing wage in effect, a company is bound to pay only the minimum wage. MCC President R. Thomas Flynn has said that paying the prevailing wage would put the cost of the proposed housing at more than $20 million, making it unaffordable. Public works projects also are ineligible for help from COMIDA. In July, Salvador informed the Labor Department that the land for the new dorms would now be bought by the association. That prompted Charles to respond in an Aug. 19 letter that, if this were the case and the project were constructed with private funds, the prevailing wage required of public works projects would not apply. The DiMarco choice The DiMarco Group, based in Brighton, was awarded the first contract, to build housing for 410 students, after other bids were reviewed. That project cost $16.1 million. Although contracts for the new housing have not been finalized, Flynn said there is no need to put the project out for bid and, since it is not considered a public works project, there is no requirement to do so. Flynn said that plans call for using The DiMarco Group again and using the same design for the dorms. "It's cost-effective to do it this way," Flynn said in testimony earlier this month before a legislative committee. But Legislator Paul Haney, D-Rochester, questions how MCC can know it's getting the cheapest price unless it seeks competitive bids. "They are avoiding the public-bidding law. They are handing over a county contract to The DiMarco Group," he said. Haney also questions whether political connections are at play. Campaign finance records show that businesses at the same address as The DiMarco Group including DiMarco Constructors and Admar Supply Co. have contributed extensively to the local Republican committees, giving a total of $43,000 in 2004 and 2005. State Board of Election records show that, while DiMarco Constructors and DiMarco family members gave frequently and in large sums to Republican candidates and committees in recent years, they also occasionally gave to Democratic candidates. John L. DiMarco, chairman of the board of The DiMarco Group, and his wife, Deborah, recently gave $1 million to Building on Success: The Campaign for Monroe Community College. And MCC's new synthetic turf field for soccer and lacrosse is named for him. MCC officials say that political considerations did not enter into the choice. John L. DiMarco II, president of The DiMarco Group, also said that political contributions had nothing to do with its selection. "They selected us because they were happy with the project we did with them," DiMarco said. Majority Leader Bill Smith, R-Pittsford, said there is nothing inappropriate about the way MCC is handling the new housing arrangement. "This is not a loophole. This is merely structuring it to begin with in the only way the law allows," Smith said. But union leaders are not only urging that MCC submit the housing to a competitive bid process but also asking that prevailing wages be paid. "If it were not for this unusual sale, the project would be considered a public work, and therefore subject to many laws protecting workers," said Daniel Conte, president of the Rochester Building Trades Council.

I forgot to mention that I was an ex-employee of the college. I have friends on the inside tipping me off to the illegal acts that have been going on there. If they want to make the front page again, all they have to do is keep jerking me around. ----This was an article in The D&C about some of the corruption and proof of 'The Good Ol' Boys' system in place at the college------- Fewer checks on public projects Oversight is limited by the rules for government-created entities James Goodman Staff writer (March 26, 2006) More public projects are being done with fewer checks and balances. Monroe Community College's proposed student housing is an example of a project that is taken out of the public arena, and removed from competitive bidding and prevailing wage requirements. That's being done by having the Monroe Community College Association considered in the private sector not only run the project but also own the land where the dorms would be built. As it is, the County Legislature has limited oversight of major projects and policy decisions involving public dollars. The influence of state-created authorities and use of local development corporations to help with government projects have been key factors in curtailing oversight by legislative bodies and in limiting public scrutiny. Other examples: The Monroe County Water Authority, without any review by a legislative body, is planning a $128 million water treatment facility in Webster. The County Legislature's role extends only to voting on appointments to the seven-member authority board. Although no more than five members can be of the same party, the current breakdown is five Republicans and two Conservatives. The board approved the design for the new facility in February 2004. Construction is expected to begin next year, with completion at the end of 2009. It will mostly be financed by bonds issued by the authority, meaning that consumers will pay higher water bills. A major overhaul of the local bus fare system was approved this month by the board of the Rochester-Genesee Regional Transportation Authority. No legislative approval was needed. Local legislative involvement with RGRTA is limited to recommending candidates for Gov. George Pataki to appoint to the board. Renaissance Square, a $230 million project for a bus terminal, performing arts center and satellite MCC campus in downtown Rochester, is being handled by the Main & Clinton Development Corp. Its five-member board includes County Executive Maggie Brooks and Rochester Mayor Robert Duffy. There is limited legislative oversight of this local development corporation. The legislature's only involvement: voting in 2003 to issue $4.7 million in bonds for part of the MCC campus and approving $466,000 last year for preliminary design of Renaissance Square. Main & Clinton's seven contracts for consultants did not need legislative approval. The Monroe Tobacco Asset Securitization Corp. was created by the County Legislature in 2000 to sell bonds, which are being paid off using funds the county would have received each year from the 1998 tobacco settlement. That legal agreement resulted from 40 states, including New York, suing major tobacco companies for tobacco-related illnesses. Last year, the local development corporation twice issued more bonds and refinanced existing debt to raise almost $65 million to help address the county's immediate fiscal needs. No legislative approval was needed for these latest actions.