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August 23,2013

DavidYassky Comnnissioner New\/orkCityTaxiand Limousine Commission 33 BeaverStreet New \(ork,New York 10004 Re:lgorOberman issioner Yassky: DearComm (DOl), Officeof the Inspector The New York City Department of lnvestigation (TLC),has completed for the New York City Taxi and Limousine Commission Genenal cornplaint. The complaint an investigation based on an anonymous allegedthat lgor AgencyCounselwith TLC, usedhis officeat 33 Eleaver Street Oberrnan, an Executive for his campaignfor the New York City Council(Council).The to solicitcontributions complaintfurther claimedthat Obermanutilized his TLC office telephone(212-676receive calls before,during,and afterwork hoursin connection 1136)to both placeand. of TrumpVillageto contact boardrnembers, contractors with his role as boardpresident Finally, the complaint eviction of a tenant. alleged that and to discussthe impending lt4afty cited his relationship with BrooklynBoroughPresident ltilarkowitz as a Oberrnan himfor suchcondur:t. wouldnot discipline why Commissioner Yassky reason for the periodfrom January DOI reviewedOberman's TLC telephonerecords 2, fromthe Campaign Finance Board also reviewed documents 2013 to May 1, 2013. DtOl (CFB) and the New )/ork City Board of Electionsto asceftainOberman'sdonor campaignexpenditures, and the names of Oberman'scampaignstaff infornration, memklers.

recordsfrom the hard drive on Oberman's DOI recovered rnultiple TLC computer with Trump Village;and (3) that prertained to his: (1) Counci[campaign;(2) affiliation personaland business-related realtybusiness, DOI also recovered documents, dating backto 2A42. As discussed in detailbelow,DOI has substantiated the allegation that Oberman personat used TLC resources for campaign-related other usest and and makesthis referral to TLC. A. Oberman'sTLC and Other City Employment Oberman commenced employment with TLC on June 11, 2012 as the Executive Agenrcy Counsel. ln that position,Oberman,who is assignedto 33 Beaver Street, overseesthe prosecution of consumer-initiated complaints, His responsibilities also inclucle ihe supervision of prosecutors. To run his campaignfor the 48thCity Council Distrir:t in Brooklyn, NewYorkfulltime,Obermanbeganto use accrued annualleaveon April 24, 2A13. Since May 10, 2013, Oberman has been on an unpaid leave of absence. Previousfy, from September22, 2A08 to July 4, 201A, Obermanworked as a part-tiime of CitywideAdministrative hearingofficerfor the New York City Department r 7 ,2010 to Apr il 17,2012, he was a Comm uni ty S e r v i r : e s. F ro m S e p te mb e2 MartyMarkowitz.FromJuly4, Coordinator in the Officeof Brooklyn BoroughPresident hearing for OATH. officer 2011to June9, 2012,Oberman was a part-time B. Oberman'sPedigree Data

C. CityCouncil Candidacy According to the NewYork City Boardof Elections, Oberman officially declared 13, 2013. ln an e-mail District on February for the 48th of the Council his candidacy General Counsel 22,2013,lra Goldapper, at TLC,informed dated January theAssistant
I On or aboutApril 24, 201?,TLC adopted.the Personal Use Policy,whichpermitsonly City's Limited purposes. The memorandum limited, for personal minimafusageof otficeresources and technology reminded circulaled employees discussing thispolicy by Commissioner Yasskyto allTLC employees thal they do or displayon any city resource. employees do not havea rightto privacywith respectto anything 2 In Ztl09 and in 2A12, however, lnvestigative Obermanidentifiedhimselfas singtein Background with his municipal employrnent; bothdocuments that he completed for DOI in conjunction Questionnaires no recordof were signedunderpenaltyof perjury. A check of the New York City Clerk'sOfficeindicates a marriage betweenOberman and Porotnikova.

to openan account of TLC policyfor Oberman that it wouldnot be a violation Oberman Obermanwas still that noted, however, for carnpaigndonations;. Goldapperalso reminded Goldapper to iomply with the Conflictof lnterestLaw. Specifically, requirgd Oberman that he was not to use City resources or solicit donations from his or anyone else where doing so would create the appearanceof subordinates impropriety. D. Oberman'sTLC TelephoneRecords for the time periodof records3 the TLC telephone and obtained DOI requested of the call and/orthe recipient the January2, 2A13throughMay 1, 2013 and identified 1,900calls, only442, or less callerfor the majorityof the calls. Out of approximately pertained to: (1) the Council calls remaining The to be TlC-related. than 25%,appeared (42 (3) realty business (618 calls); Oberman's TrurnpVillage (182calls);(2:) campaign (6) other (329calls),and subscribers (4) familyor friends(96 calls);(5) unknown catls); (121 matters 3 calls). miscellaneous donorsusing his TLC Obermanappearsto have contactedmany campaign The donations raisedin donations. made thosecontacted afterwhichcalls, telephone,

total m collectively this nranner

E. OtrermanTime Records DOI requestedand reviewed Oberman'stime sheetsfrom January2, 2413 Out of the 80 recordedwork days in ihis period,he made through May 1, z}fi. duringbusiness whichappearto have beennonTlC-related, 1,225 calls, approximately hours.

F. DataOn Oberman'sTLC Computer TLC computer fr:om the harddriveon Oberman's multiplerecords DOI recovered Village; and (3) realty with Trump (2) (1) affiliation campaign; to his: that prertained

calls. and outgoing bothincoming records included Thetrelephone

4 See E:xhibit donations usinghis TLC solicited madeafterOberman of the donations A for a breakdown telephcrne.

business. Also recoveredwere historicatdocuments,both personal and businessdatingbackto 20A2. related, data included: The recovered

(2) spread (1) copiesof 236 donorchecks; documents: A . Campaign-related formsthat to the donor checks;(3) donor-completed sheets corresponding that discussed memos (4 various data; also includeddonor's identifying campaign;(5) strategiesof Oberrnan's

Councilcandidates. eviction;(2) a (1) photosof an impending documents: B. Trump Village-related price (3) listing of Trump a compfetedpetitionfor a board membercandldate; Trump within for a storagespace (4) an advertisement Village apartments; Village; (Sl a brief narrativewhich includes board member names and Corporation amenitiesof TrumpVillage;(6) a proposalfrom the A.L. Electrical (7) variousmemos and for a proposalof etectriialwork'on Trump Village;s matters; tenant and cameras security that discuss to lease; (2) contractsof sale; (3) C. Realty Business:blank (1) applications (5) business certificate; coversheet;(4) business contract home improvement certificate. and (6) amendedbusiness for partners; certificate G. DOI'SMeetingWith ObermanAnd Counsel DOIon July16, to_appearat was ordered Oberman By letterdatedJuly10,2012, DOI agreedto an nnn. At the requestof his attorney,Anna Rubin,o 2013, 1O,OO "t informed the parties DOI 24, to July 24,2A13. On July of this appearance adjournment whether or not to compel Oberman's tnit tnis office had made no determination for him an opportunity 16 but provided Order Executive pursuant to Mayor's testimrony proc_eed not willing to was to testifyvoluntarily. Cgunselthen indicatedthat Oberman and had not yet decidedwhetheror not to invokehis Fifth voluntarily withthe interview to when DOI attempted Obermanrefused right againstself-incrimination. Amendment makean audiorecordof the foregoing.

c,QNplusloll

the allegationthat Oberman excessivelyused TLC DOI has subsiantiated to conduct campaign his assignedtelephoneand computer, specifically resources,
5AlexParts, donor. and campaign is a DOT employee the authorof that proposal, 6According by donor.Shewas contacted campaign Rubinis also an Oberman records, to TLC telephone 25,2Q13. February dated checkis 6n February15,z}fi. Her $100contribution Oberman

Village. ofTrump onbehalf andbusiness realty business hisprivate business, related

information, You may contactthe appropriate. Should you requireadditional 30 daysio infop*{fbt, if any, us within Please contact 825-3517. at (212) undersigned youintend to take. action

whichyou deem to take any action We referthis matterto yourattention

Gidbnte

cc:

and General Counsel of LegalAffairs B. Landa,DeputyCommissioner Marjorie