Investigation of the Waterfront Commission of New York Harbor

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Although new hires are granted the title “detective” with police powers in twostates, they need not possess prior law enforcement experience. In fact, many of the newhires are recent college graduates with no prior law enforcement experience.Commissioner Madonna testified that he was opposed to hiring retired members of lawenforcement because he did not want “to have anybody with a bad attitude start and workwith the younger people.” However, Madonna did hire a retired lieutenant from theOakland Police Department who was his longtime friend.At the time of the Inspector General’s review, applicants were subject to medicaland psychiatric examinations and were required to pass a written examination andundergo a background investigation. Approved applicants were admitted to variouspolice academies in New York and New Jersey for basic police training.The Police Division Lacked Adequate Written Policies and ProceduresThe Inspector General found that the Police Division lacked adequate officialpolicies and procedures. The majority of detectives interviewed stated that, other thanthe 25-page employee manual for all Commission employees, they did not receive anytype of guide book or police policies and procedures manual when they started. Some ofthe detectives had received an unofficial booklet drafted by a detective approximately tenyears ago.Former Chief of Police Smith acknowledged the importance of proper policiesand procedures for police officers and admitted that the Waterfront Commission lackedsufficient regulations. Smith stated in substance that, although important, developingadequate policies and procedures was not a priority. When asked if any policies wentinto effect during his tenure, Smith stated that he did not have time to write policy andprocedures.New Detectives Received Inadequate TrainingConsisting of only approximately 40 members, the Waterfront Commission’sPolice Division does not host its own police academy. Newly hired detectives areassigned to a nearby police academy. The choice of academy depends largely on thetiming of the hire: the new detective is sent to whichever academy is beginning a newcourse of training. Detectives were trained primarily at academies in New Jersey, and afew detectives were trained at the Port Authority Police Academy. The course of study ata particular academy is determined by the governing police agency.Although a Waterfront Commission detective is a law enforcement officer in bothNew York and New Jersey, most Waterfront Commission detectives are trained only onthe law of the state of the academy they attend. Only detectives attending the PortAuthority academy receive instruction covering the laws of both states. Although theWaterfront Commission does offer field training, most detectives stated that they werenever educated on the relevant laws of the state in which they did not train.33
At all of the police academies, the new recruits receive basic police training,including instruction on criminal statutes, use of physical force, patrol, traffic stops,firearms training, and interviewing techniques. However, they do not receive trainingspecific to the investigation of crimes on the piers. After graduating the academy, theWaterfront Commission detectives do not immediately attend training in investigativeskills for their role as detectives.Waterfront Commission Police Officers Were Not Accurately Listed on the NewYork State DCJS RegistryNew York State Executive Law §845 requires agencies which employ policeofficers to register the police officers with New York State’s Division of Criminal JusticeServices (DCJS). 25 The statute requires that agencies provide specific informationregarding each police officer, including date of birth, social security number, and rank.The law also requires that the employing agency notify DCJS of any changes in status,including change in rank and cessation of service.DCJS confirmed that the Waterfront Commission is required to register the policeofficers it employs. In fact, many of the Waterfront Commission police officers wereregistered with DCJS. However, the Inspector General’s review of the registry revealedthat the listings for the Waterfront Commission were inaccurate.The Inspector General found seven individuals listed on the DCJS registry, as ofAugust 2008, who were no longer employed by the Waterfront Commission.Additionally, six other detectives employed by the Waterfront Commission did notappear on the DCJS registry. Of the six which were not registered, two started at leasteight years prior, and the other four were hired in 2007.DCJS stressed to the Inspector General the importance of an accurate registry.For example, according to DCJS, in situations where an individual carrying a weapon isstopped and that person claims to be a police officer, members of law enforcementroutinely contact DCJS directly to verify the information.The Police Division Had Inadequate Storage Facilities for Its EvidenceBecause the Police Division had no official policies, there existed no policyregarding handling and destruction of evidence. In addition, in two of the three evidencestorage locations, access to the evidence room was not properly restricted.The Inspector General reviewed the evidence storage locations at the three PoliceDivision offices in Manhattan, Brooklyn, and New Jersey in November and December25 The Web site for DCJS describes the agency as follows: “The Division of Criminal Justice Services is amulti-function criminal justice support agency with a variety of responsibilities, including collection andanalysis of statewide crime data; operation of the DNA databank and criminal fingerprint files;administration of federal and state criminal justice funds; support of criminal justice-related agencies acrossthe state; and administration of the state’s Sex Offender Registry that allows anyone to research the statusof an offender.” http://criminaljustice.state.ny.us34
Page 1 and 2: State of New YorkOffice of the Insp
Page 3 and 4: STAFF FOR THIS INVESTIGATION AND RE
Page 5 and 6: Personal Use of Waterfront Commissi
Page 7 and 8: mandated core responsibilities. 2 T
Page 9 and 10: enforcement officer, he was hired a
Page 11 and 12: II. BACKGROUNDHistoryIn the early 1
Page 13 and 14: Commission regulates the employment
Page 15 and 16: There was virtually no communicatio
Page 17 and 18: and, therefore, the Waterfront Comm
Page 19 and 20: did identify individual instances o
Page 21 and 22: Maria that he “should have been m
Page 23 and 24: Q.: Why did it change?Deutsch: Beca
Page 25 and 26: all the things that has gone on wit
Page 27 and 28: Police Division. That testimony not
Page 29 and 30: had been completed within the curre
Page 31 and 32: epercussions of his felony convicti
Page 33 and 34: Michael DeCotiis testified to the I
Page 35 and 36: offending companies, although Kelly
Page 37: Web sites were blocked by software
Page 41 and 42: epresenting the Waterfront Commissi
Page 43 and 44: training facility has been created
Page 45 and 46: Madonna’s other recommended candi
Page 47 and 48: Madonna denied providing the exam t
Page 49 and 50: which car they would drive, they ne
Page 51 and 52: F. ABUSE OF PUBLIC RESOURCESPersona
Page 53 and 54: A Waterfront Commission Vehicle Was
Page 55 and 56: Wolf also attempted to disclaim res
Page 57 and 58: determining the outstanding forfeit
Page 59 and 60: non-federal share of expense, and t
Page 61 and 62: comptroller received this informati
Page 63 and 64: Commissioner Madonna compelled the
Page 65 and 66: Fiscal Management• The Commission
Page 67: JON S. CORZINEState GovernorOFFICE

Investigation of the Waterfront Commission of New York Harbor

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