ITS AMERICA:Association head sued

Jim Costantino, president and CEO of ITS America has been sued for $1 million on two counts of slander by his former director of communications Jonathan Slevin, who currently does government ITS consulting work from Walcoff Associates of Fairfax Virginia. Slevin’s court case as detailed in a 7-page filing with the Fairfax County Circuit Court (161627) relies heavily on sworn testimony from Lynda South Webster, a senior Virginia official, and Zeborah English, a senior federal official, so the case has broader implications for relations between the trade group and two important governments. We reported last issue (TR#16 June 97 p11) criticism at the ITSA annual meeting of Costantino’s handling of a multi-million dollar “national identity” promotion for ITS, Costantino’s attacks on Virginia’s program, and underlying concern about his abrupt dismissal of his highly regarded deputy, Hal Kassoff.

The ITSA board in a meeting July 1 ordered the “awareness campaign” curtailed, ending the major multi-million dollar effort being mounted by professional marketers and advertisers — the Jefferson Group and Kaufman & Assoc. A press release from ITSA said this represents a “second, more expansive phase” using salaried staff and “as needed” consultants. A media relations phase of the awareness campaign will be “guided by a panel of 16 industry leaders chaired by Prof Joseph Sussman of MIT.”

The law suit originates from an evening event of the outreach committee of ITSA at the Omni-Shoreham hotel during the Transp Research Board annual conference Jan 13. Together with approx 40 other people I was present in a long, narrow conference room, and witnessed the beginning of the Costantino outbursts that are the source of the slander suit. We were hearing an early presentation from ITS America’s marketing consultants on the “national identity campaign” which they were beginning work on. At the discussion time Slevin asked how it was being funded, a perhaps provocative question, but one which the consultants, seasoned adult professionals, were perfectly capable of handling with discretion on their own. Instead Costantino, who until this time had not spoken at all and was sitting in the audience, began shouting in an agitated fashion. Treating his consultants as if they were naifs about to let slip damaging secrets Costantino noisily interrupted, ordering them: “Don’t answer that question. Don’t answer that question” and proceeded into a tirade against Slevin for asking the question. Costantino’s intervention had two results (1) to confirm in people’s minds the credibility of secondhand reports of earlier irrational and unprofessional outbursts by Costantino (2) to underline Costantino’ extreme sensitivity to Slevin’s question about where the money was coming from. Nothing said at that stage by Costantino was slanderous, just very embarrassing because it seemed so unprofessional, unnecessary and counter-productive. It was a public display of a man lacking elementary self-control whose anger could easily get the better of his judgment.

But about half an hour later after the formal meeting had broken up and people were standing in several small groups chatting, Costantino approached Virginia and federal officials. I was not part of these groups and did not hear what was said but soon after heard from one of the officials that Costantino had been “still off the wall” and continuing to “rave about Jonathan (Slevin).”

According to sworn statements by Webster (VDOT) and English (FHWA) in separate conversations that evening Costantino had approached them, demanded to know if they were giving consulting work to Slevin, then when told that they were, said they were mistaken, that they should have asked him about Slevin, that he had fired Slevin and that Slevin had violated laws on procurement and that he was untrustworthy. Costantino said to English: “I told Christine (Johnson, head of the FHWA Joint Program Office for ITS, and English’s boss) that (Slevin) couldn’t be trusted.” (Fairfax Court filing)

“Fired, fired” Costantino did not fire Slevin, though he had once shouted at him “You are fired, you are fired.” Apparently he had become angry with Slevin over initiatives Slevin was taking with ITS Joint Program Office chief Christine Johnson to develop an earlier ITS “identity” campaign that would have involved a mix of industry and federal money. Costantino attacked the proposal partly on grounds that the way it was shaping up it might be out of line with federal procurement laws. But Costantino torpedoed the Slevin initiative before it was launched. There was never any use of federal money and hence no procurement. After Slevin was told he was fired he asked for his dismissal in writing but never got it. Instead he was ordered by Costantino henceforth to report through a deputy rather than directly to Costantino, and after a few days resigned.

In the exhibit hall June 3 at the recent ITSA annual meeting in the hearing of a number of people Costantino loudly denounced, using crude language, a report he had just read in ITS International magazine. He was angered by the published statement that he expected to remain in his position two more years. He threatened to “find” which staff member had said that and to fire them. But Costantino himself was the source. I was the reporter. The report was based on an approx 45 minute interview with Costantino in his office May 8. I had asked him then how long he expected to remain and I reported his answer from his own mouth. The interview was on-the-record. I sat on his sofa and took notes. My notes confirm my crystal clear memory of him saying he expected to stay about two more years. It was a cordial session. Costantino talked at length. He is a shy man, who generally avoids eye-to-eye contact, but when I asked him how long he planned to stay, he perked up, and for just a moment looked at me directly, his eyes sparkling as he said “That’s quite a question isn’t it?” and then quite carefully and slowly described his plans which culminated in the about “two years” phrase.

Now, between the time he told me “two years” and the time the report appeared in print Costantino was unlucky enough to find himself in discussions with board members about his much earlier departure, so the appearance of the article quoting two years was most inconvenient to him. But it was his own mistake to have speculated to a reporter about how long he was staying in his job, and in my view inexcusable to then deny his own words with a display of crude ill-temper and threats against innocent staffers.

Reminiscence: I once had a boss in Sydney, Frank Packer, the publisher at Australian Consolidated Press, who was also famous for moments of wild anger and for firing people on the spot. I got “fired” several times during 16 years employment there and each time my editor would tell me to “lay low for a while” and my articles would appear but without my by-line. After a couple of weeks Packer would inquire of the editor why he wasn’t printing reports from “that promising young Samuel” having forgotten, or having had second thoughts about firing me (you never knew which), and my by-lines would reappear. But Packer’s outstanding dismissal was performed in the company elevator between the 2nd and 5th floors, when he berated a young man for his long hair and “dirty” jeans and ordered him to the pay office to get a week’s pay in lieu of notice. The man replied: “I don’t mind picking up a week’s pay, but I just came to fix a telephone for you. I work for the telephone company.”