Auditors have found that George Kirkpatrick's creation, the Occupational Access and Opportunity Commission, is fatally flawed with inherent conflict and should be abolished.

Former state Sen. George Kirkpatrick, not known for coyness, may actually have intended the double meaning now suggested by the name of a board he helped create in 1999 -- the Occupational Access and Opportunity Commission. At this point, we certainly know the commission, which privatized vocational rehabilitation services in the state, has created access and opportunity for Kirkpatrick. His foundation, Florida Independent Colleges Fund, landed a $1-million contract within a month of his July appointment to the commission.

But the point that state auditors are now making, with considerable authority, goes beyond Kirkpatrick. After interviewing commission members and poring through records, auditors came up with this conclusion: The role of the commission itself is fatally flawed. It is rife with inherent conflict and should be abolished.

Bill Weber, an advocate for the disabled, told the Times: "The whole thing is set up to line the pockets of people like George Kirkpatrick."

Said Steve Howells, a former commissioner who resigned in part because of the problems: "This was driven by individuals who wanted a larger piece of the pie."

The conflict could hardly be more pronounced. The state hands out tax money to private companies that are to counsel disabled workers on the occupational options available to them. But those same companies also provide the work training, which would necessarily invite them to steer prospective workers toward occupations that are tailored to the company's needs and not those of the workers.

Further, the commission established rules that allow its appointed members to bid on state contracts as long as they declare a conflict. In the commission's brief 2 1/2-year existence, 15 such formal conflicts have been declared. Howells calls it the "money tree."

Before being appointed to the commission, Kirkpatrick lobbied commissioners on the $1-million contract without bothering to tell them he was executive director of the Independent Colleges and Universities of Florida. Then again, Kirkpatrick showed no particular remorse for holding that job, at a salary of more than $100,000 a year, while he was also chairman of the Senate Higher Education Committee.

To be fair to Kirkpatrick, though, he is not alone this time. State investigators found "the appearance of favoritism and preferential treatment" when commissioner Pat Hardman pushed behind the scenes for contracts that could benefit companies with which she had done business. Former board member Bill Sandonato resigned after his private company sought $5.3-million in state contracts and was awarded about $120,000 worth of work.

The conflicts and lack of accountability have caused the federal government to declare Florida's program as "high risk," putting $100-million of federal support at risk. Incredibly, though, the state has moved up its plans to expand the privatization. Soon, another seven of the state's 24 regions could fall under the control of private companies. Given the state's own audit findings, how can that possibly be justified?

Jim Horne, the new secretary of education, which oversees the commission, has boasted repeatedly that he plans to hold all education programs accountable. He would be wise to take a stroll in this little orchard. Kirkpatrick's money tree bears nothing but rotten fruit.

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