The State Contracting Standards Board is moving forward with a process to consider disqualifying the Mystic Oral School developer as a state contractor under a lease he had with the state, but does not have jurisdiction over the proposed sale of the property.

"We have no jurisdiction over the sale," State Contracting Standards Board Executive Director David L. Guay said at the board's meeting Friday. "That is not procurement. That is out of our jurisdiction."

Guay updated the board on Friday after consulting with the Attorney General's Office regarding the board's jurisdiction over potentially disqualifying Jeffrey Respler of Respler Homes, who is seeking to create a mixed-use development at the Mystic Education Center property, also called the Mystic Oral School. The board had received complaints from several Groton residents.

Guay said the board only looks at procurement contracting. He said under a lease for the property, Respler is a state contractor, so the board will focus on the lease, but not the request for proposals jointly issued by the state and town for the property, the purchase and sale agreement between the developer and the state, or the development agreement that the developer has with the town.

Guay said the criminal charges that Respler pleaded guilty to in 2004 in New York would possibly disqualify him as a state contractor. As the head of a plumbing company, Respler pleaded guilty to four counts of fifth-degree conspiracy, a Class A misdemeanor, according to a New York news release.

Having identified Respler as a state contractor under the lease, Guay is recommending the board follow a process outlined in state statute and hold a hearing to recommend disqualifying Respler, if determined to be appropriate.

Though Respler's lease for maintenance of the Mystic Oral School property has ended, Guay told The Day after the meeting that the board's step "really is about protecting the public going forward. We as a board don't take that responsibility lightly."

"What we are doing is beginning a formal process to determine the appropriate course of action going forward," he said.

State statute section 4e-34 allows the State Contracting Standards Board to disqualify a state contractor "for a period of not more than five years, from bidding on, applying for or participating as a contractor or subcontractor under, contracts with the state." The potential reasons for disqualification include "Conviction of or entry of a plea of guilty or nolo contendere or admission to, the violation of any state or federal law for embezzlement, theft, forgery, bribery, falsification, or destruction of records, receiving stolen property or any other offense indicating a lack of business integrity or business honesty which affects responsibility as a state contractor."

The statute outlines a process that includes holding a hearing and having a subcommittee of board members issue a recommendation.

During the hearing, the lease agreement, Respler's pleadings in the state of New York and whatever his side wishes to produce to rebut those allegations will be presented, and then the panel will make a recommendation to the full board, Guay said.

If the subcommittee recommends disqualification, the contractor has time to submit comments, and then the full board "shall issue a written decision either adopting, rejecting or modifying the subcommittee's recommendation," according to the statute.

The board's chair, Lawrence Fox, will chair the 3-person panel, which also will include board members Donna Karnes and Robert Rinker. Fox noted Karnes' background in real estate.

The first step before a hearing is to consult with the Department of Administrative Services, which had the lease with Respler, Guay said.

DAS spokesperson Lora Rae Anderson had said last summer that Respler and DAS came to a "mutual agreement not to renew" the 18-month lease.

"The lease expired in July and was approved by OPM, State Properties Review Board, and the AG's office," John McKay, a DAS spokesperson, said Friday. "DAS is in the process of reviewing the (State Contracting Standards Board's) decision and will comment if appropriate at that time."

Reached by phone after the meeting, Respler said the original intent of the lease was to protect the property, which people had been breaking into and damaging, and Respler Homes installed security cameras. He said "we accomplished that and then the state took it back once it was all done." He did not have a comment at this time on the board's step.

The review by the State Contracting Standards Board follows a June 16 complaint by Noank resident Kevin Blacker, who submitted a video and wrote that "Respler was given $66,224/year from cellphone tower leases to prevent vandalism. He obviously wasn't preventing vandalism as this video and others I have prove."

Guay said the board received subsequent complaints from eight residents.

If the board decides to disqualify Respler, it would be the first time the board has taken this step, Guay said.

Meanwhile, the Town of Groton has requested formal mediation following a dispute over the development agreement it signed with Respler Homes. Groton Town Manager John Burt said the mediation meetings have not started yet, but a list of potential mediators was provided by the American Arbitration Association this week and is under review.

k.drelich@theday.com