Published: September 19, 2008 10:17 am      

Rummage worked with an expired license

No penalty or discipline has yet been incurred for former state engineer

By Ronnie Ellis / CNHI News Writer

The star witness in the federal prosecution of alleged road contract bid-rigging worked for nearly three years as an engineer for the state even though his engineer’s license had expired.

James Rummage’s license expired in June 2002, according to Kentucky State Board of Engineers and Surveyors files, and it wasn’t reinstated until Feb. 25, 2005. According to a spokesman for the Kentucky Transportation Cabinet, Rummage continued to work as chief district engineer in the Flemingsburg district during that period.

The time period began during the administration of Gov. Paul Patton and extended into that of Gov. Ernie Fletcher. Current cabinet spokesman Chuck Wolfe said Rummage’s title was changed to executive director at some point during the Fletcher administration, but the change didn’t affect his duties or the requirement that he maintain a valid license.

Rummage resigned in March of this year after being questioned by the FBI during its investigation of the alleged bid-rigging. He is named in an FBI affidavit by agent Clay Mason. The affidavit, and subsequent indictments of Lexington road contractor Leonard Lawson, his aide Brian Billings, and former Fletcher Transportation Secretary Bill Nighbert, indicate Rummage told investigators he accepted $20,000 cash from Lawson in exchange for providing internal bid estimates for projects on which Lawson’s companies later bid. The court documents also indicate Rummage secretly taped conversations with Lawson and Billings.

Lawson, Nighbert and Billings were arraigned in federal court on Sept. 12 in Lexington and entered not guilty pleas. Their attorneys questioned why Rummage hadn’t also been indicted.

Rummage, contacted for comment, said, “No thank you,” before hanging up the phone.

His attorney, Marc S. Murphy of Stites and Harbison, would not comment on the expiration of Rummage’s license except to confirm Rummage was employed by the cabinet during the time between June 2002 and February 2005, when his license had expired.

Kentucky Revised Statute 322.020 says no one may practice as an engineer unless he or she has a valid professional engineer’s license. The license is valid for two years and those holding them must reapply every two years. The penalty for violating KRS 322 is a fine of not less than $100 nor more than $1,000 and up to three months in jail.

Rummage so far has faced no penalty or discipline.

“He did practice on an expired license,” said David Cox, executive director of the engineers’ and surveyors’ board. “But when they self-report and we haven’t had any problems with them before, we work with them and try to get them relicensed.”

Murphy, Rummage’s attorney, said investigators did not mention his expired license during interviews with Rummage and have not granted Rummage immunity.

“There is no immunity and no plea agreement,” Murphy said. Murphy previously told CNHI News Service, “When it is appropriate, we’ll have negotiations and discussions over Jim’s legal fate.”

Wolfe, the cabinet spokesman, would not comment on Rummage, but he said a reporter’s questions prompted cabinet officials to institute a new policy. From now on, the cabinet will compile a list of employees whose jobs require an engineer’s license and annually submit the list to the licensure board for verification the employees are licensed.

Lawson’s attorney, Larry Mackey of the Indianapolis firm of Barnes and Thornburg, is aware Rummage worked on an expired license. There is a letter from Mackey’s firm in Rummage’s file seeking its contents. Rummage subsequently requested a copy of the file as well.

“I can confirm that in the course of our investigation we have sought and obtained background information on Mr. Rummage, including records concerning his engineer’s license,” Mackey said.

After Lawson, Nighbert and Billings were arraigned last week, Mackey maintained the government’s indictments indicate Rummage made false statements to investigators and promised to impeach Rummage’s credibility.

RONNIE ELLIS writes for CNHI News Service and is based in Frankfort. He can be reached by e-mail at rellis@cnhi.com.