January 9, 2008
OIG Department of Transportation
600 Merrick Road
Suite 150
Nanuet, NY 10701
Re: The Office of Inspector General
Department Of Transportation
Your File # : NY-101209-210
Our File # : NY-15-11
Date of Loss: 01/07/08
INVESTIGATIVE REPORT
BACKGROUND INFORMATION:
On 1/7/08 we received a call from Department of Transportation employee and sworn investigator Mary Marshall who claims to have observed site manager Jerry Johnson conducting private work operations while on government time and premises. She states he has even coordinated private services and tasks with his Helpant by the name of Rhonda Richards as well as church members whom of which he leads in church ministry on the weekends. Mary Marshall confirmed that Jerry Johnson has identified himself to be a locally ordained minister. May Marshall also states Jerry Johnson does conduct political campaign activities from his office and delegates such tasks to his Helpant as well.
Witness: Mary Marshall
Telephone: 917-555-8643
PRELIMINARY INVESTIGATION:
On January 15, 2008, I, Investigator Gina Ortiz along with sworn officer and investigator Frank Friendly Interviewed Mary Marshall. In addition to her first testimony, she adds that she wishes not to be directly involved in the matter or investigation at hand. We obtained a recorded statement confirming the last time she observed such activities conducted by Jerry Johnson was October 29, 2007. She has since then been transferred to another building in which she is no longer in the presence of Jerry Johnson. Mary Marshall confirmed she participated in his activities as well but not since she was transferred. She also states she once maintained a romantic relationship with Jerry Johnson which ended badly. Mary Marshall has been informed by Rhonda Richard that Jerry Johnson may have a handgun in his office and Rhonda Richards only participates in the activities because she is afraid she will lose her job should she refuse to Help Jerry Johnson.
On January 16, 2008, we traveled to 234 North Elm Street, New York, NY where the Department of Transportation is operated from which appeared to be a two story, black glass automatic door office suite building with an extensive security checkpoint in front.
On January 22, 2008 a search and seizure took place at Jerry Johnson’s office which emerged several criminal and agency wide code and ethic violations such as possession of child pornography, documentation of political campaign agenda, church documents and operational documentation being held in the office drawers and a personal computer being kept in addition to the agency computer.
PROSPECTIVE VIOLATIONS:
Upon review of the surveillance activities caught on camera on January 17 and 18, there appears to be several violations confirmed.
1.On January 17, 2008 at 8:49 A.M. during government agency time, Rhonda Richards purchased a case of beer from a local convenience store after she had checked into her office at the Department of Transportation and did not automatically return to her office, she reported to another address instead where she was escorted by Jerry Johnson in the red ford soon after. Rhonda Richards was in possession of alcoholic beverages while on agency time and left the work premises during agency during business hours. I , Investigator Ortiz conclude Rhonda Richards is in violation of employee misconduct of leaving office during office hours to purchase alcohol and not returning to the office immediately upon her break but to her friend’s home on elm street.
2. On January 17, 2008 at 9:00A.M. while on agency time, Jerry Johnson drove and reported to the Carlson for Governor Campaign office which confirms that he is conducting political activities while operating on governmental agency time which has nothing to do with his government job. I , Investigator Ortiz conclude that this action conducted more than once is in violation of employee misconduct while employed at DOT.
3. On January 17, 2008 at 10:00A.M, Rhonda Richards is seen holding campaign posters while on government time, this also is in violation of employee misconduct while employed at DOT, which takes away from time that could have been utilized to improve or accommodate services needed to continue running DOT operations.
4. On January 17, 2008 at 10:07A.M,Jerry Johnson is also seen going into a church for some time while still on government agency time.
5. On January 17, 2008 at 2:52P.M, Jerry Johnson was seen accepting a large white envelope containing money from Bernie Brown while on government time prior to exiting job. This exchange appears to be non-work related in DOT guidelines and should be flagged by agency heads.
6. Upon an investigative interview, Jerry Johnson had denied witnessing any current activities taken place on the premises by Rhonda Richards to fill any political campaign agenda on agency hours and that she used to be a member and not as of late. This statement was obviously contradicted by surveillance operations. Jerry Johnson also refused to discuss child pornography identified during the search and seizure of his government office which is in violation of local criminal code and DOT employee guide lines of behavioral codes and ethics while on the job. Jerry Johnson grew uncooperative at conclusion of interview and refused to continue without consulting his attorney.
EFFORTS WITH WITNESSES:
On January 21, 2008 recorded statements are taken from Rhonda Richards and Bernie Brown.
EFFORTS WITH THE SUBJECT:
On January 17, 2008 and January 18, 2008 we conducted surveillance footage of all activities taken place in the main level where Jerry Johnson’s private office was housed on.
On January 22, 2008 a search of Jerry Johnson’s office is conducted as well as a recorded statement from Jerry Johnson is collected.
On January 22, 2008 a search and seizure took place at Jerry Johnson’s office which emerged several criminal and agency wide code and ethic violations such as possession of child pornography, documentation of political campaign agenda, church documents and operational documentation being held in the office drawers and a personal computer being kept in addition to the agency computer.
COMMENTS AND FURTHER PROCEDURES:
As per the subject’s request, he will be afforded a legal consultation with his attorney and I as a sworn investigator of the Office of Inspector General will report all findings and documentation including surveillance videos to the inspector general and recommend that both Jerry Johnson, Rhonda Richards and Bernie Brown all be terminated for participating in such activities and utilizing agency time to conduct such activities mentioned above and should also be prosecuted in criminal court for such violations. Violations include improper use of government resources, possession of child pornography, under the influence of alcohol while operating on government time and on the premises, etc.
INVESTIGATION REMAINING:
1. Move to present all current reports to Inspector General and management team.
2. Report all criminal activities to sworn state police detailed to our agency to proceed with criminal proceedings.
3. Suggest all three subjects to be terminated effective immediately for active participation in political campaign proceedings, church activities and alcoholic purchases while on government time.
Submitted by: ______________________
INSPECTOR GENERAL LEAD INVESTIGATOR
OFFICE OF INSPECTOR GENERAL
DEPARTMENT OF TRANSPORTATION
Enclosures:
-SURVEILLANCE FOOTAGE OF JANUARY 17-18, 2008
-OFFICE INVENTORY OF JERRY JOHNSON’S OFFICE
-DOCUMENTED INTERVIEWS OF JERRY JOHNSON, RHONDA RICHARDS, AND BERNIE BROWN.
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Monday, January 9, 2008
Department of Transportation OIG
Merrick Road, 600
150 Suite
10701 Nanuet, New York
Concerning the Inspector General’s Office
Transportation Department
NY-101209-210 is your file number.
Our case number is NY-15-11.
01/07/08 – Date of Loss
REPORT ON AN INVESTIGATIVE
INFORMATION ABOUT THE BACKGROUND:
On 1/7/08 we received a call from Department of Transportation employee and sworn investigator Mary Marshall who claims to have observed site manager Jerry Johnson conducting private work operations while on government time and premises. She states he has even coordinated private services and tasks with his Helpant by the name of Rhonda Richards as well as church members whom of which he leads in church ministry on the weekends. Mary Marshall confirmed that Jerry Johnson has identified himself to be a locally ordained minister. May Marshall
