Investigation of the Waterfront Commission of New York Harbor

check, the chief of police would recommend the candidate via memorandum to theexecutive director. The executive director would then review the candidate and, uponapproval, present the applicant to the commissioners for a vote. As noted above,decisions such as hiring required the agreement of both commissioners. Then-Chief ofPolice Smith did not send a memorandum of recommendation regarding either Waudbyor De La Rosa, and De Maria testified that he did not approve the candidates.James De La Rosa passed the qualifying examination but the required backgroundcheck revealed that, while working as a salesman, De La Rosa “angrily walked out of thejob a couple of times.” The previous employer stated that De La Rosa was given asecond chance but “failed to show any improvement in his attitude.” Furthermore, hissupervisor stated that De La Rosa was easily flustered and that he did not mix well withthe public. The employer indicated that, on a day that he was scheduled to work, De LaRosa simply left a message that he was quitting. That employer indicated that he wouldnot rehire him.De La Rosa’s former supervisor at a security company told WaterfrontCommission detectives that De La Rosa “demonstrated a poor and sloppy work ethic.”De La Rosa was hired as a supervisor at the company but was later demoted because ofhis poor performance. After his demotion, De La Rosa got into a heated argument withhis supervisor and threatened to physically assault him. This supervisor also stated thathe would not rehire De La Rosa. When questioned about this incident by WaterfrontCommission detectives, De La Rosa initially denied the confrontation with hissupervisor, but eventually conceded that there was a “possible incident.”The commissioners were aware of the comments of De La Rosa’s formersupervisors which were incorporated in a background investigation report. Thecommissioners also were aware Chief Smith had not written an approval memo regardingDe La Rosa. At first, Axelrod would not agree to hire De La Rosa. However, Axelrodtestified that he agreed to hire De La Rosa as a favor to Madonna after Madonna statedthat he told De La Rosa and his family that this was his “last chance.” De La Rosa washired and was sent to the Port Authority Academy. Deutsch, De Maria and Smithtestified that Madonna contacted the Port Authority directly to enroll De La Rosa,although typically, the chief of police would make these arrangements. Madonna deniedcalling the academy on behalf of De La Rosa.De La Rosa never graduated the Port Authority Academy, primarily due to poorattendance, despite efforts by Waterfront Commission detectives to go to his home towake him, actions clearly beyond the scope of their official duties. On one occasion, anacademy member reported to the Waterfront Commission that De La Rosa wasdisoriented and “falling asleep while he was standing up.” The Port Authority instructorssent De La Rosa to the medical unit but he refused to be examined by the doctors andwould only agree to see his own doctor. After this incident, the Port Authority Academywould not permit De La Rosa to return. De La Rosa was permitted to resign from theWaterfront Commission in lieu of termination.39