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Investigation of the Waterfront Commission of New York Harbor

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enforcement <strong>of</strong>ficer, he was hired as a police candidate and enrolled at <strong>the</strong> Port AuthorityPolice Academy. De La Rosa never graduated due to poor attendance despite heroic andunwarranted efforts by Police Division detectives to go to his home and wake him forclass. After an incident where De La Rosa was falling asleep in class and was sent to <strong>the</strong>medical unit but refused treatment, <strong>the</strong> Port Authority Police Academy would not permithim to return. De La Rosa was permitted to resign from <strong>the</strong> <strong>Waterfront</strong> <strong>Commission</strong> inlieu <strong>of</strong> termination.Yet ano<strong>the</strong>r detective, James Sutera, failed <strong>the</strong> required examination on <strong>the</strong> firsttwo <strong>of</strong> three occasions despite <strong>the</strong> fact that <strong>the</strong> identical examination was administered oneach such occasion. On his third attempt at <strong>the</strong> examination, Sutera scored <strong>the</strong> highestscore ever recorded by an applicant in <strong>the</strong> history <strong>of</strong> <strong>the</strong> <strong>Commission</strong>, a 97.8 percent, andboasted to o<strong>the</strong>r <strong>Commission</strong> staff that Madonna had provided him <strong>the</strong> answers. Sutera<strong>the</strong>n supplied <strong>the</strong> test answers to ano<strong>the</strong>r <strong>Commission</strong> employee who planned to take <strong>the</strong>police examination. Later, Sutera testified falsely while under oath to <strong>the</strong> InspectorGeneral about <strong>the</strong> incident and encouraged ano<strong>the</strong>r witness to lie as well. In yet ano<strong>the</strong>rinstance <strong>of</strong> exploitation, Madonna retaliated against a police <strong>of</strong>ficer who had filed aninternal complaint, by relocating his work station from <strong>New</strong> <strong>York</strong> to <strong>New</strong> Jersey.Madonna’s improprieties in relation to <strong>the</strong> <strong>Waterfront</strong> Police Division were evenmore fundamental. During seven years <strong>of</strong> his term at <strong>the</strong> <strong>Commission</strong>, Madonnacontemporaneously served as president <strong>of</strong> <strong>the</strong> <strong>New</strong> Jersey State Policemen’s BenevolentAssociation, <strong>the</strong> union <strong>of</strong> police <strong>of</strong>ficers that included <strong>the</strong> chapter to which <strong>Waterfront</strong><strong>Commission</strong> detectives were members. As a result, Madonna simultaneously representedand managed <strong>the</strong> <strong>Commission</strong>’s detectives, a conflict <strong>of</strong> interest that extended to threecontracts negotiated between <strong>the</strong> local union chapter and <strong>the</strong> <strong>Commission</strong> during thisperiod.The Inspector General identified o<strong>the</strong>r abuses at <strong>the</strong> agency including improperuse <strong>of</strong> vehicles and staff, improper use <strong>of</strong> police parking placards, and failure to properlysegregate and account for expenditure <strong>of</strong> federal grant funds. In direct contravention <strong>of</strong><strong>the</strong>ir <strong>of</strong>ficial duties but under <strong>the</strong> supervision <strong>of</strong> a police chief, Police Division detectiveswere diverted from <strong>the</strong>ir law enforcement duties to guard parking spaces designated by<strong>the</strong> <strong>New</strong> <strong>York</strong> City Department <strong>of</strong> Transportation for <strong>Waterfront</strong> <strong>Commission</strong> vehiclesfor use by executive staff. The detectives would first report to <strong>the</strong> Brooklyn field <strong>of</strong>fice,retrieve a <strong>Waterfront</strong> <strong>Commission</strong> vehicle, and drive to Manhattan to guard <strong>the</strong> spots.The detectives were assigned to arrive at <strong>the</strong> spots at approximately 7:00 a.m. and toremain until all supervisors arrived, usually at 9:00 a.m. The detectives <strong>the</strong>n returned to<strong>the</strong> Brooklyn field <strong>of</strong>fice to resume <strong>the</strong>ir normal police-related duties.With regard to parking placards, <strong>the</strong> Inspector General’s investigation revealedthat <strong>Commission</strong>er Axelrod, over a period <strong>of</strong> years, provided placards to both his wifeand a wealthy personal friend with no connection to <strong>the</strong> <strong>Commission</strong>. In addition,Axelrod retained his and his wife’s placards after he was no longer commissioner.Axelrod has since returned his <strong>of</strong>ficial placards, and <strong>the</strong> Inspector General retrieved <strong>the</strong>placard most-recently given to Axelrod’s friend. As to <strong>the</strong> federal grant funds,4

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