13.07.2015 Views

Investigation of the Waterfront Commission of New York Harbor

Investigation of the Waterfront Commission of New York Harbor

Investigation of the Waterfront Commission of New York Harbor

SHOW MORE
SHOW LESS

Create successful ePaper yourself

Turn your PDF publications into a flip-book with our unique Google optimized e-Paper software.

Police Division was lacking policies specific to its duties, including procedures forinvestigations and arrests, and conduct <strong>of</strong> detectives. Moreover, <strong>the</strong>n-Executive DirectorDe Maria was unable or unwilling to address <strong>the</strong> <strong>Commission</strong>’s many failures or toconfront misconduct and abuse at <strong>the</strong> <strong>Commission</strong>, and <strong>Commission</strong>ers Axelrod andMadonna were <strong>of</strong>ten locked in a stalemate when issues <strong>of</strong> misconduct or discipline arose.In addition to <strong>the</strong>se failures, <strong>the</strong> Inspector General identified numerous instances<strong>of</strong> abuse by senior <strong>of</strong>ficials. Both former <strong>Commission</strong>ers Axelrod and Madonna abused<strong>the</strong>ir positions to <strong>the</strong>ir own benefit and <strong>the</strong> benefit <strong>of</strong> o<strong>the</strong>rs. The most egregiousinstances <strong>of</strong> misconduct were committed by former General Counsel Jon Deutsch. Mostsignificantly, Deutsch orchestrated a scheme to allow a company whose owner had beenconvicted <strong>of</strong> federal racketeering charges to continue to operate on <strong>the</strong> waterfront under ashell company nominally operated by <strong>the</strong> racketeer’s wife. Deutsch also used his <strong>of</strong>ficialposition to obtain favors for friends and acquaintances. The Inspector General also foundabuses by former Police Chief McGowan and former Audit and Control Director Nastasi,and that Comptroller Irving Wolf did not impose adequate fiscal controls at <strong>the</strong><strong>Commission</strong>.A. REGISTRATION OR LICENSING OF LONGSHOREMEN, PIER GUARDS,HIRING AGENTS, AND SECURITY OFFICERSAccording to its Compact, <strong>the</strong> <strong>Waterfront</strong> <strong>Commission</strong> must license or register allindividuals who come in contact with waterborne freight. To assess <strong>the</strong> <strong>Waterfront</strong><strong>Commission</strong>’s compliance with its written policies and its Compact, <strong>the</strong> InspectorGeneral reviewed a random sample <strong>of</strong> 331 files – five percent <strong>of</strong> <strong>the</strong> 6,022 registered andlicensed deep sea longshoremen, A-type longshoremen, hiring agents, security <strong>of</strong>ficers,and pier superintendents. 10 Those who are registered, such as longshoremen, are held to<strong>the</strong> standard that <strong>the</strong>ir presence on <strong>the</strong> piers or waterfront terminals must not “constitute adanger to <strong>the</strong> public peace or safety.” 11 Those who are licensed, such as port watchmen,hiring agents, and pier superintendents, are held to <strong>the</strong> higher standard <strong>of</strong> possessing“good character and integrity.” 12The Licensing Division also monitors <strong>the</strong> number <strong>of</strong> days worked by eachlongshoreman. <strong>Waterfront</strong> <strong>Commission</strong> regulations require that longshoremen work, ormake <strong>the</strong>mselves available to work, at least 90 days out <strong>of</strong> every six months, and at least15 days in five <strong>of</strong> <strong>the</strong> six months. 13 Those individuals who do not meet this workrequirement are subject to “decasualization,” <strong>the</strong> revocation <strong>of</strong> <strong>the</strong>ir registration forfailure to work <strong>the</strong> required number <strong>of</strong> days.The Inspector General found that <strong>Waterfront</strong> <strong>Commission</strong>’s licensing andregistration <strong>of</strong> waterfront employees generally was in compliance with its mandate, but10 The 331 files were comprised <strong>of</strong> longshoremen, security <strong>of</strong>ficers, pier superintendents, hiring agents andtelecommunications <strong>of</strong>ficers. A random sample was selected by choosing every twentieth or eighteenthname on <strong>the</strong> list, depending on <strong>the</strong> registry.11 <strong>Waterfront</strong> <strong>Commission</strong> Act, Article VIII, §3(c).12 <strong>Waterfront</strong> <strong>Commission</strong> Act, Article X, §1(d); Article V, §3(a).13 <strong>Waterfront</strong> <strong>Commission</strong> Regulation 8.1.13

Hooray! Your file is uploaded and ready to be published.

Saved successfully!

Ooh no, something went wrong!