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August 23,2013

David YasskyComnnissionerNew \/ork City Taxi and Limousine Commission33 Beaver StreetNew \(ork, New York 10004

Re: lgor Oberman

Dear Comm issioner Yassky:

The New York City Department of lnvestigation (DOl), Office of the InspectorGenenal for the New York City Taxi and Limousine Commission (TLC), has completedan investigation based on an anonymous cornplaint. The complaint alleged that lgorOberrnan, an Executive Agency Counsel with TLC, used his office at 33 Eleaver Streetto solicit contributions for his campaign for the New York City Council (Council). Thecomplaint further claimed that Oberman utilized his TLC office telephone (212-676-1136) to both place and. receive calls before, during, and after work hours in connectionwith his role as board president of Trump Village to contact board rnembers, contractorsand to discuss the impending eviction of a tenant. Finally, the complaint alleged thatOberrnan cited his relationship with Brooklyn Borough President lt4afty ltilarkowitz as areason why Commissioner Yassky would not discipline him for such condur:t.

DOI reviewed Oberman's TLC telephone records for the period from January 2,2013 to May 1 , 2013. DtOl also reviewed documents from the Campaign Finance Board(CFB) and the New )/ork City Board of Elections to asceftain Oberman's donorinfornration, campaign expenditures, and the names of Oberman's campaign staffmemklers.

DOI recovered rnultiple records from the hard drive on Oberman's TLC computerthat prertained to his: (1) Counci[ campaign; (2) affiliation with Trump Village; and (3)realty business, DOI also recovered personal and business-related documents, datingback to 2A42.

As discussed in detail below, DOI has substantiated the allegation that Obermanused TLC resources for campaign-related and other personat usest and makes thisreferral to TLC.

A. Oberman's TLC and Other City Employment

Oberman commenced employment with TLC on June 1 1, 2012 as the ExecutiveAgenrcy Counsel. ln that position, Oberman, who is assigned to 33 Beaver Street,oversees the prosecution of consumer-initiated complaints, His responsibilities alsoinclucle ihe supervision of prosecutors. To run his campaign for the 48th City CouncilDistrir:t in Brooklyn, New York fulltime, Oberman began to use accrued annual leave onApril 24, 2A13. Since May 10, 2013, Oberman has been on an unpaid leave ofabsence.

Previousfy, from September 22, 2A08 to July 4, 201A, Oberman worked as apart-tiime hearing officer for the New York City Department of Citywide AdministrativeServir :es. From September 27,2010 to Apr i l 17,2012, he was a CommunityCoordinator in the Office of Brooklyn Borough President Marty Markowitz. From July 4,2011 to June 9, 2012, Oberman was a part-time hearing officer for OATH.

B. Oberman's Pedigree Data

C. City Council Candidacy

According to the New York City Board of Elections, Oberman officially declaredhis candidacy for the 48th District of the Council on February 13, 2013. ln an e-maildated January 22,2013,lra Goldapper, the Assistant General Counsel at TLC, informed

I On or about April 24, 201?, TLC adopted.the City's Limited Personal Use Policy, which permits onlylimited, minimaf usage of otfice resources and technology for personal purposes. The memorandumdiscussing this policy circulaled by Commissioner Yassky to allTLC employees reminded employees thalemployees do not have a right to privacy with respect to anything they do or display on any city resource.

2 In Ztl09 and in 2A12, however, Oberman identified himself as singte in Background lnvestigativeQuestionnaires that he completed for DOI in conjunction with his municipal employrnent; both documentswere signed under penalty of perjury. A check of the New York City Clerk's Office indicates no record ofa marriage between Oberman and Porotnikova.

Oberman that it would not be a violation of TLC policy for Oberman to open an accountfor carnpaign donations;. Goldapper also noted, however, that Oberman was stillrequirgd to iomply with the Conflict of lnterest Law. Specifically, Goldapper remindedOberman that he was not to use City resources or solicit donations from hissubordinates or anyone else where doing so would create the appearance ofimpropriety.

D. Oberman's TLC Telephone Records

DOI requested and obtained the TLC telephone records3 for the time period ofJanuary 2, 2A13 through May 1, 2013 and identified the recipient of the call and/or thecaller for the majority of the calls. Out of approximately 1,900 calls, only 442, or lessthan 25%, appeared to be TlC-related. The remaining calls pertained to: (1) the Councilcampaign (182 calls); (2:) TrurnpVillage (618 calls); (3) Oberman's realty business (42

catls); (4) family or friends (96 calls); (5) unknown subscribers (329 calls), and (6) othermiscellaneous matters (121 3 calls).

Oberman appears to have contacted many campaigndonors using his TLCThe donations raised intelephone, after which calls, those contacted made donations.

this nranner collectively total m

E. Otrerman Time Records

DOI requested and reviewed Oberman's time sheets from January 2, 2413through May 1 , z}fi. Out of the 80 recorded work days in ihis period, he madeapproximately 1 ,225 calls, which appear to have been non TlC-related, during businesshours.

F. Data On Oberman's TLC Computer

DOI recovered multiple records fr:om the hard drive on Oberman's TLC computerthat prertained to his: (1) campaign; (2) affiliation with Trump Village; and (3) realty

3 The trelephone records included both incoming and outgoing calls.

4 See E:xhibit A for a breakdown of the donations made after Oberman solicited donations using his TLCtelephcrne.

business. Also recovered were historicat documents, both personal and business-

related, dating back to 20A2.

The recovered data included:

A. Campaign-related documents: (1) copies ofsheets corresponding to the donor checks;

236 donor checks; (2) spread(3) donor-completed forms thatvarious memos that discussedalso included donor's identifying data; (4

strategies of Oberrnan's campaign; (5)

Council candidates.

B. Trump Village-related documents: (1) photos of an impending eviction; (2) acompfeted petition for a board member candldate; (3) a price listing of TrumpVillage apartments; (4) an advertisement for a storage space within TrumpVillage; (Sl a brief narrative which includes board member names andamenities of Trump Village; (6) a proposal from the A.L. Electrical Corporationfor a proposal of etectriial work'on Trump Village;s and (7) various memosthat discuss security cameras and tenant matters;

C. Realty Business: blank (1) applications to lease; (2) contracts of sale; (3)

home improvement contract cover sheet; (4) business certificate; (5) businesscertificate for partners; and (6) amended business certificate.

G. DOI'S Meeting With Oberman And Counsel

By letter dated July 10,2012, Oberman was ordered to_appearat DOI on July 16,

2013, "t

1O,OO nnn. At the request of his attorney, Anna Rubin,o DOI agreed to anadjournment of this appearance to July 24,2A13. On July 24, DOI informed the parties

tnit tnis office had made no determination whether or not to compel Oberman'stestimrony pursuant to Mayor's Executive Order 16 but provided an opportunity for him

to testify voluntarily. Cgunsel then indicated that Oberman was not willing to proc_eed

with the interview voluntarily and had not yet decided whether or not to invoke his FifthAmendment right against self-incrimination. Oberman refused when DOI attempted tomake an audio record of the foregoing.

c,QNplusloll

DOI has subsiantiated the allegation that Oberman excessively used TLCresources, specifically his assigned telephone and computer, to conduct campaign

5 Alex Parts, the author of that proposal, is a DOT employee and campaign donor.

6 According to TLC telephone records, Rubin is also an Oberman campaign donor. She was contacted by

Oberman 6n February 15,z}fi. Her $100 contribution check is dated February 25,2Q13.

related business, his private realty business and business on behalf of Trump Village.

We refer this matter to your attention to take any action which you deemappropriate. Should you require additional information, You may contact theundersigned at (212) 825-3517. Please contact us within 30 days io infop*{fbt, if any,action you intend to take.

Gidbnte

cc: Marjorie B. Landa, Deputy Commissioner of LegalAffairs and General Counsel