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January 19, 2007
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IG's office investigating Stevens lease
ASHBURNHAM
By Caitlyn Kelleher Journal Reporter

An investigation into the bid process that took place 10 years ago to lease the Stevens Municipal Building has been launched, according to Town Administrator Kevin Paicos.

The state Inspector General is trying to determine if the town stated in the request for proposals that they would take "less than fair market value" for the rent of the building, Paicos said. Paicos is releasing the details of the investigation at the request of the Board of Selectmen.

"It needs to be taken very seriously," Paicos said.

He said a lawyer from the state contacted him in December saying a concerned citizen called and claimed a problem with the legality of the lease.

The investigation comes during a debate about whether to use the building as a temporary headquarters for the municipal employees during the Town Hall renovation.

The IG's office is looking for the town to provide copies of the lease, the request for proposal soliciting bids for the property, and the legal advertisement of the proposal. The investigation is going to try to determine whether the lease is legal, Paicos said.

The board also has asked the town's lawyer to make recommendations on three questions. The questions are 1) is there enough of a record on the original lease from 1995 to "satisfy [town counsel] that the procurement, with respect to providing a below market lease, was fully in consistent with statute;" 2) is the 13-year lease with the Historic Piano Museum and Study Center longer than permitted by law; and 3) is the town aiding a private property by housing the pianos, according to Paicos.

Paicos said the IG's office will review the town counsel's opinion and then make a decision. The state can terminate the lease and make the town re-bid it; they can fine the town, or they may simply order the town to follow the rules the next time, Paicos said.

The Inspector General's office won't confirm or deny whether an investigation is taking place or not.

"If we do have any investigation going on it would have to remain confidential," said Jack McCarthy, the senior assistant for inspector general.

McCarthy said if an investigation is taking place then a written report will be released to the public.

McCarthy would only speak in general terms of the duties of the Inspector General's office. "Our mandate is to protect fraud, abuse" by the government and that most of what they look into are questions of whether or not procurement laws were followed by municipalities and school districts.

"We get a lot of tips and complaints," he said. "We try to look into each one. … If we reduce something to writing we have looked into it carefully."

McCarthy would not release the details about how an investigation is completed or how long an investigation takes.