Utica, New York. Investigation of overtime use
DA probes overtime for police in Utica
Subpoena seeks records of department sergeant Shawn Anderson
Observer-Dispatch
Utica, New York — The Oneida County District Attorney's Office is investigating whether overtime was used improperly or illegally at the Utica Police Department. "We have received some information and complaints regarding some possible improprieties into overtime billing, and our office is looking into that," District Attorney Michael Arcuri said.
Arcuri refused to be more specific but said the potential wrongdoing did not appear to be widespread within the department. A subpoena in the investigation, obtained by the Observer-Dispatch, requests that the police department provide work records related to Sgt. James Franco, a veteran officer and former president of the John E. Creedon Police Benevolent Association.
City officials, including Police Chief C. Allen Pylman and Mayor Tim Julian, refused to comment on the investigation. Franco declined to discuss the investigation Tuesday. The subpoena, which Arcuri confirmed was authentic, requested a range of internal police records related to Franco's work on 19 dates in 2005.
Among the records sought:
• "Special reports" produced by Franco on those days.
• Mileage records for Utica Police Department Car 9 and any other police vehicles operated by Franco on those dates.
• Logs for police radio transmissions made by Franco on those dates.
• Records of Franco's regular work schedule (non-overtime) for those days.
The subpoena also asks the police department to provide copies of overtime slips submitted by Franco for June 6, Aug. 13 and Aug. 17 last year.The slips were allegedly verified by Lt. David Alsheimer, a person identified in the subpoena as "Williams" and a person identified as "Toomey." "Williams" and "Toomey" never are fully identified in the subpoena.
The subpoena also requests "any narratives or statements given by Sgt. P. Taurisano concerning his signature upon any overtime slips of Sgt. James Franco." The subpoena appears to build upon certain information previously provided by the police department to the investigators. The information is referred to in the subpoena as a "Supporting Materials Research" packet. The subpoena gave the city until Feb. 16 to comply.
The inquiry still is in the preliminary stages, Arcuri said. He said no one has been charged and the case has not been presented to a grand jury. "It is traditionally the role of the DA to ensure integrity within police departments in its jurisdiction," Arcuri said. "It's just as important to prove that there are no improprieties as it is to prove there are improprieties."
His office launched the investigation about two months ago after receiving what Arcuri called credible allegations from several people, including elected officials. He declined to identify them. Utica Corporation Counsel Linda Sullivan Fatata wouldn't confirm the city had received the subpoena and declined further comment.
Arcuri declined to say if other subpoenas were issued in connection with the investigation. Utica Comptroller Michael Cerminaro said he was unaware of the investigation. He said his office has not been contacted to provide records. Common Council President Patrick Donovan, who heads the council's public safety committee, couldn't be reached. But David Roefaro, a Democratic council member at large, said he spoke with Pylman in early December about the overtime issue.
Roefaro recounted the conversation this week based on detailed notes he took. Pylman said nothing illegal had taken place, Roefaro said. "If the police chief tells me there's nothing illegal, that should be the end of it," Roefaro said. "If there's an investigation going on, I guess we'll have to wait and see what the investigation brings out."
Deputy Public Safety Commissioner Robert Palmieri said he couldn't comment because he said neither Julian nor Pylman had spoken to him about the issue. When contacted, three police officers said they were unaware of the investigation and hadn't spoken to the District Attorney's Office.
"Other than what you just told me, that's the first I've heard about it," Alsheimer said. Sgt. Phil Taurisano said he didn't know about the investigation and had not been contacted about it.
Lt. John Toomey declined comment. Lt. Mark Williams expressed surprise when contacted Monday night. "You took me off guard," he said. "I have no idea what it's about." Police Officer Billy Williams — Mark Williams' brother — said he did not have the authority to verify overtime slips.
Police union President Sgt. Thomas Brady couldn't be reached.
Published: March 08. 2006 6:00AM
Retrieved March 9, 2006 from http://www.uticaod.com/apps/pbcs.dll/article?AID=/20060308/NEWS/603080306/1001