Investigation of the Waterfront Commission of New York Harbor

Madonna’s other recommended candidate, Bradford Waudby, was involved inpending litigation with the United States Military Academy at West Point, overWaudby’s failure to obtain a degree. Waudby was suing to obtain his degree, and WestPoint was attempting to recoup the cost of tuition from Waudby. 27 Waudby hadcompleted the academic requirements, but was unable to complete a requirement that herun a certain distance within a specified time. In lieu of a degree, Waudby was issued a“certificate of academic achievement” from West Point. As Waudby did not have acollege degree at the time of his application, he did not meet the requirements of thedetective position. Nonetheless, Waudby’s resume and application falsely stated that hedid have a degree.Smith, aware that Waudby had not earned a degree and that litigation waspending, did not believe Waudby was qualified for a position as a detective. As with DeLa Rosa, Smith did not write a memo approving Waudby as a candidate. De Maria alsotestified that he did not believe Waudby was qualified and should not have been hired.Axelrod stated that he knew that Waudby had problems but he thought they wereresolved before he started at the Waterfront Commission, and agreed to hire Waudby.As with De La Rosa, Madonna contacted the Port Authority directly to enrollWaudby in its police academy, but denied to the Inspector General that he had done so.At the time that De La Rosa’s and Waudby’s applications were pending, Smithhad recommended two other candidates. According to Smith, both candidates were wellqualified and had completed the necessary steps to be hired and enrolled in an academy.Axelrod testified that he knew the other two qualified candidates but that Madonna wouldnot agree to hire either because Smith had recommended them. Instead, De La Rosa andWaudby were hired, over the objection of the Chief of Police.When Madonna testified to the Inspector General during the investigation, hedenied under oath that he had any contact with the Port Authority Academy regardingWaudby or De La Rosa. However, in response to the Inspector General’s report,Madonna admitted that he did call the academy, but only “to see if there was an availableslot” for Waudby.The Commission reported in its response to the Inspector General’s report, that ithad instituted changes to hiring to make the process fair and merit-based.Evidence that Madonna Provided an Applicant with the Police Entrance ExamJames Sutera, a third candidate recommended to the Police Division byCommissioner Madonna failed twice to pass the examination required at the time foremployment. After being hired as a detective in February 2007, Sutera boasted to hiscoworkers that Madonna had provided him with the test before he passed on his third try.Sutera later provided the test questions to another Commission employee who planned to27 Upon graduation, in exchange for not paying tuition, West Point graduates are required to serve in themilitary.40