Being Above Reproach

BEING ABOVE REPROACH

Peter’s thoughts: I was rather taken aback when this article was forwarded to me by my Chief Building Inspector. It was the casual attitude. The good-old-boy network, slap on the back, job well done, load up your car, and take your wife to dinner mode of operation. This wasn’t bribes and corruption to this group. This was normal. This was their lifestyle.

What I found to be notable was their candid honesty. There was no attempt at a cover up. The second lesson to be learned here (the first being to take nothing) is when confronted tell the whole truth. You have only one opportunity to tell the whole truth. The truth just may set you free.

BUILDING INSPECTORS ‘ROUTINELY’ TAKE FROM SITES

By NATALIE NEYSA ALUND, Bradenton Herald, (Fla) 12/18

The county government is investigating practices in its building department after an inspector admitted he and other employees regularly take construction items from job sites and gifts from contractors.

"Almost everyone in the Manatee County Building Department has taken materials from job sites," John Darley stated in a sworn affidavit, dated Dec. 3. "This practice is commonplace in the construction industry, and there are always plenty of materials at construction sites."

Darley, a county building inspector for five years, said he has taken from contractors various gifts, including a fence, rebar and a tool box. He said he also knows of a building inspector who got materials from a job site to "do his addition," and that he knows another building inspector who picked up roof trusses from a job site.

"I know of a contractor who routinely gives gift cards to inspectors when the inspections are performed," Darley stated in his affidavit.

The affidavit was submitted by attorneys for Mike Todoroff, a former building inspector fired after he was arrested and charged with stealing siding material from a construction site. The state attorney's office Monday said it was dropping the case against Todoroff, in large part because of Darley's testimony. Had the case gone to trial, Assistant State's Attorney Lisa Chittaro wrote it would be difficult to prove that Todoroff did not know he was not permitted to take the siding. "The state is unable to prove the defendant's criminal intent . . . and the seemingly persistent practices of the building inspectors to ask, offer and receive gifts, such as gift cards, trusses and a multitude of building materials used for their personal residences."

County building inspectors are not permitted to take anything of value from a contractor, said Assistant County Attorney, Robert Eschenfelder. He said that when county officials learned of Darley's statements, they began an internal investigation.

"The county is fully aware of this situation and we are looking into it," Eschenfelder said Monday. "It was the first we were made aware there was any misconduct over and above that of Mr. Todoroff's. Mr. Darley, as well as anyone else named, will certainly be looked into."

The investigation is being led by the clerk's audit division, and the county building official, George Devenport, is drafting a letter to the state Department of Business and Professional Regulation. "They have their own investigative authorities and can issue subpoenas and will also look into it," he said. "Some of the allegations may be old, we don't know . . . but if it's currently ongoing the county won't accept unethical illegal behavior."

Todoroff was arrested after an April 29 incident when he and his wife, Nancy - also a former building inspector - were pulled over by deputies after a resident at Mariners Cove reported seeing two people taking Select Cedar Mill lap siding from a building site at 129th Street and 39th Avenue West. Nancy Todoroff was fired but never charged criminally.

The 32 pieces of lap siding, valued at about $200, were cut down to fit in the Todoroffs' Blazer. Todoroff told deputies he received permission to take the material through a fellow inspector.

On Friday, Darley told prosecutors he heard another building inspector, Bruce Lehrke, tell Todoroff that he had permission to take the siding, according to Chittaro's memo.

Todoroff's attorney, Charlie Britt, said his client has always maintained he had permission to take the siding.

"He never denied what he did. . . . He was always willing to back up what he said," Britt said. "The county knew that from the beginning - that he had the gate code.

"This is really not so unusual," Britt said. "Whether it be an overt type thing or simply a police officer getting a free cup of coffee at 7-Eleven or half-price meal at Chili's, this happens frequently. I'm glad the state attorney's office recognizes we don't live in a vacuum and this stuff does go on."

Britt commended Darley for his statements. "Not many people have the guts to stand up for the truth like John Darley did," Britt said. "Most people would cave and try to protect their job."

In July 2007, former building department director Jim Lee issued an ethics memo to all employees forbidding them from taking items, including construction materials or gifts from "grateful builders."

"While these offers may be wholly innocent expressions of thanks for the good work of the employee they still place the employee who accepts the gift in a position of possible future compromise," Lee wrote in his memo. Eschenfelder said if any employees are found to have engaged in any unethical or illegal conduct, they will be disciplined.

"We want to let people know if any misconduct has occurred, those parties face possible termination," Eschenfelder said. Britt said both of the Todoroffs plan to try getting their jobs back. Eschenfelder said the Todoroffs' personnel files contain letters from their employment law attorney that state they have withdrawn their appeals of their firings. Therefore, as far as the county is concerned, Eschenfelder said, they will remain terminated. Darley is still employed with the county, Eschenfelder said Monday.