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Oberman DOI

Oberman DOI

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Published by Chris Bragg

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Published by: Chris Bragg on Feb 03, 2014
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02/05/2014

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OFI'ICE OP ]-IE NSPLIC"fOIT IiNDRAI,80 MAID :N "ANI' l6i1'I :'l",OQltNIIW Yr)lili NY t003fr(2 2) 82s-3500i AX (212) 25-21 0i{oBllRT A. ctcAN]tiINSPHCTOR ENEI{AL,lfiNNiIjHJ{ CIJLCOIN SI'ECT'(]R I]NERAI-
August 3,2013
David YasskyComnnissionerNew /ork City Taxi and Limousine ommission33 Beaver StreetNew (ork, New York 10004Re: gor ObermanDear Comm ssioner assky:The New York City Department f lnvestigation DOl), Office of the InspectorGenenal or the New York City Taxi and Limousine Commission TLC), has completedan investigation ased on an anonymous ornplaint. The complaint lleged hat lgorOberrnan, n Executive gency Counsel with TLC, used his office at 33 Eleaver treetto solicit contributions or his campaign or the New York City Council Council). Thecomplaint urther claimed hat Oberman utilized his TLC office elephone 212-676-1136) o both place and. eceive alls before, uring, and after work hours n connectionwith his role as board president f Trump Village o contact oard nembers, ontractorsand to discuss he impending viction f a tenant. Finally, he complaint lleged hatOberrnan ited his relationship ith Brooklyn Borough President t4afty tilarkowitz s areason why Commissioner assky would not discipline im or such condur:t.DOI reviewed Oberman's LC telephone ecords or the period rom January ,2013 o May 1 2013. DtOl lso reviewed ocuments rom he Campaign inance oard(CFB) and the New )/ork City Board of Elections o asceftain Oberman's donorinfornration, ampaign expenditures, nd the names of Oberman's ampaign staffmemklers.
 
DOI recovered nultiple ecords rom the hard drive on Oberman's TLC computerthat prertained o his: (1) Counci[ ampaign; 2) affiliation ith Trump Village; and (3)realty business, DOI also recovered ersonal and business-related ocuments, atingback o 2A42.As discussed n detail below, DOI has substantiated he allegation hat Obermanused TLC resources or campaign-related nd other personat sest and makes hisreferral o TLC.A. Oberman's TLC and Other City EmploymentOberman ommenced mployment ith TLC on June 1 1, 2012 as the ExecutiveAgenrcy Counsel. ln that position, Oberman, who is assigned o 33 Beaver Street,oversees he prosecution f consumer-initiated omplaints, His responsibilities lsoinclucle he supervision f prosecutors. To run his campaign or the 48th City CouncilDistrir:t n Brooklyn, ew York ulltime, Oberman egan o use accrued nnual eave onApril 24, 2A13. Since May 10, 2013, Oberman has been on an unpaid eave ofabsence.Previousfy, rom September 22, 2A08 o July 4, 201A, Oberman worked as apart-tiime earing officer or the New York City Department f Citywide AdministrativeServir:es. From September 7,2010 to April 17,2012, he was a CommunityCoordinator n the Office of Brooklyn Borough President Marty Markowitz. From July 4,2011 o June 9, 2012, Oberman was a part-time earing fficer or OATH.B. Oberman's Pedigree Data
C. City Council CandidacyAccording o the New York City Board of Elections, berman fficially eclaredhis candidacy or the 48th District f the Council n February 3, 2013. ln an e-maildated anuary 2,2013,lra oldapper, he Assistant eneral ounsel t TLC, nformed
I On or about April 24, 201?, TLC adopted.the ity's Limited Personal Use Policy, which permits nlylimited, minimaf sage of otfice esources nd technology or personal urposes. The memorandumdiscussing his policy irculaled y Commissioner assky o allTLC employees eminded mployees halemployees o not have a right o privacy with respect o anything hey do or display on any city resource.2 In Ztl09 and in 2A12, however, Oberman dentified imself as singte n Background nvestigativeQuestionnaires hat he completed or DOI n conjunction ith his municipal mployrnent; oth documentswere signed under penalty of perjury. A check of the New York City Clerk's Office ndicates o record ofa marriage etween Oberman nd Porotnikova.
 
Oberman hat t would not be a violation f TLC policy or Oberman o open an accountfor carnpaign donations;. Goldapper also noted, however, hat Oberman was stillrequirgd o omply with he Conflict f lnterest Law. Specifically, oldapper emindedOberman that he was not to use City resources or solicit donations from hissubordinates r anyone else where doing so would create the appearance ofimpropriety.D. Oberman's TLC Telephone RecordsDOI requested nd obtained he TLC telephone ecords3 or the time period ofJanuary 2, 2A13 hrough May 1, 2013 and dentified he recipient f the call and/or hecaller or the majority of the calls. Out of approximately ,900 alls, only 442, or lessthan 25%, appeared o be TlC-related. he remaining alls pertained o: (1) he Councilcampaign 182 calls); 2:) rurnpVillage 618 calls); 3) Oberman's ealty usiness 42catls); 4) family or friends 96 calls); 5) unknown ubscribers 329 calls), nd (6) othermiscellaneous atters 121 calls).Oberman appears o have contacted many campaigndonors using his TLCThe donations aised n
telephone, fter which alls, hose ontacted ade donations.this nranner ollectively otal m
E. Otrerman Time RecordsDOI requested and reviewed Oberman's ime sheets rom January 2, 2413through May 1 z}fi. Out of the 80 recorded work days n ihis period, he madeapproximately 225 calls, which appear o have been non TlC-related, uring businesshours.F. Data On Oberman's LC ComputerDOI recovered multiple ecords r:om he hard drive on Oberman's LC computerthat prertained o his: (1) campaign; 2) affiliation with Trump Village; and (3) realty
3 The relephone ecords ncluded oth ncoming nd outgoing alls.4 See E:xhibit for a breakdown f he donations made after Oberman olicited onations sing his TLCtelephcrne.

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