Thursday, August 03, 2006

"PBS&J had done nothing but spend millions of taxpayer dollars to 'study' the problem."

Fired Austin water program director sues

He claims that engineering firm employees accused him of bribery to retaliate for loss of work.

August 03, 2006

By Sarah Coppola
Austin American-Statesman
Copyright 2006

The former director of an Austin water program has sued an engineering firm and two of the firm's employees, saying they defamed him by accusing him of bribery.

Bill Moriarty led the Austin Clean Water Program until November, when a city investigation concluded that a woman Moriarty is living with had been hired to do Clean Water work and that Moriarty should have disclosed the relationship.

City Manager Toby Futrell asked Earth Tech, Moriarty's employer, to appoint a new Clean Water Program director, and Earth Tech fired Moriarty.

Moriarty filed a lawsuit in District Court on Monday against national engineering firm PBS&J; Keith Jackson, the company's district director in Austin; and Everett Owen, a former PBS&J employee.

The lawsuit says Jackson and Owen retaliated for a loss of Clean Water work under Moriarty's leadership by telling city officials and a newspaper reporter that Moriarty had once bribed them.

Jackson declined to comment Wednesday, saying he hasn't seen a copy of the lawsuit. Owen did not return phone calls. A corporate communications manager for PBS&J declined to comment.

The lawsuit says city officials were so pleased with Moriarty's management of the $200 million water program that they kept expanding his role and putting extra engineering projects under his purview.

Moriarty discovered that PBS&J was wasting time and money trying to complete two big projects, so he found ways to cut costs and hasten the completion of those projects, angering PBS&J officials, the lawsuit says.

For example, PBS&J had spent a decade designing plans to replace the Barton Creek Lift Station, a wastewater pumping station near Barton Springs Pool, according to the lawsuit.

"PBS&J had done nothing but spend millions of taxpayer dollars to 'study' the problem," even as the station got older and there were incidents of sewage overflows into the pool, the lawsuit says.

At Moriarty's urging, city officials removed PBS&J from part of the project and hired another firm that finished the engineering designs in less than a year, the lawsuit says.

In another case, the lawsuit says, Moriarty was able to find a faster, less expensive solution to a $20 million sewer line PBS&J had proposed.

To retaliate and avoid losing more Clean Water work, Owen and Jackson told city officials that Moriarty had once demanded a $20,000 bribe in exchange for Clean Water contracts, the lawsuit says. "They stated PBS&J refused to pay the bribe, had not been hired, and had lost work with the city," the lawsuit says.

A subsequent police investigation found no evidence of criminal wrongdoing and concluded that Clean Water contracts appear to have been awarded fairly.

Moriarty has also filed a separate lawsuit against Futrell and other city leaders, saying they pushed to get him fired as a favor to well-connected engineering firms. The city has denied that allegation, and the lawsuit is still pending.

scoppola@statesman.com; 912-2939

© 2006 Austin American-Statesman: www.statesman.com

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