January 21, 2015
To: Charles A. Szuberla, Jr., Asst. Commissioner NYS Education Department &
Gabriel F. Deyo, Office of the State Comptroller
According to the attached letters responding to the request from the Joint Schools Construction Board (“JSCB”) and my request set out in my letter of December 12, 2014, each of your departments has decided not to participate in the cost of an audit of the activities of the Program Provider, LP Ciminelli (Ciminelli) in connection with the 11-year, $1.4 billion Joint Schools Construction Project (Project.)
The attorney for Ciminelli is now citing your declinations as evidence that there is nothing wrong with the way the contracts were drawn or administered.
To date Ciminelli has refused to provide any details or supporting records to justify the basis for its 33% overhead, characterizing such information as proprietary.
Pursuant to the enabling legislation and the PPDS agreement, Ciminelli has been and is a fiduciary of the JSCB as its Program