Oct. 31--Memphis Police Department officers who started a company to train police for undercover work violated city ethics rules by using their positions "for private gain," according to an opinion from the city's ethics office.
"Because the secondary employment in this instance has the appearance of a conflict of interest, it should be terminated," said chief ethics officer Monika Johnson in an Oct. 24 opinion, unless the city can ensure that the officers' company doesn't provide services to MPD, "the department where the city officers are assigned."
The opinion was requested by city auditor Leon Pattman, whose department is conducting an in-depth audit of the MPD Organized Crime Unit. The audit was requested by Memphis Police Director Toney Armstrong shortly after he took over in April for the retired Larry Godwin.
"I just think it's good business practice when there's a change in administration to do an audit to see if you're in good standing and if there are problems, how can we correct them and move forward," Armstrong said Thursday.
Johnson's report addresses a company called Investigative Techniques Unlimited, created by MPD Sgt. Paul Sherman. ITU contracts with the federal government to provide officer training. Sherman, who coordinated the Organized Crime Unit's undercover program, had the authority to recommend that officers take training at ITU.
Sherman left MPD abruptly Thursday, receiving a line-of-duty disability retirement for back and shoulder problems resulting from his police work. Sherman began working for MPD in June 1995 and his retirement is effective Tuesday.
Employees of MPD's Organized Crime Unit generally receive specialized training from the Regional Counterdrug Training Academy, which is sponsored and funded by the U.S. Department of Defense.
According to Johnson's opinion, the RCTA entered into an agreement with ITU to provide some of the training for a fee. Johnson's opinion said that Sherman and other officers received permission from MPD to create and work for the company.
"I went through the chain of command with the Memphis Police Department and all city employment for myself and other employees with ITU and it was approved by director Godwin and then-Deputy Director Toney Armstrong," Sherman said.
Armstrong disputed Sherman's account, saying that OCU officers reported directly to Godwin at the time. Armstrong said he knew that OCU officers went to the ITU training facility in Meridian, Miss., but never approved it.
Godwin said he sought advice from MPD's legal adviser at the time, Gerald Thornton, about the officers' plan to create an off-duty business to train police officers. Godwin said he intends to send a letter to city auditor Pattman to answer questions related to the audit.
"I feel this is a premature ruling without all the facts," Godwin said of the ethics opinion.
Johnson said in the opinion that it was a problem that Sherman could recommend "approval for officers to attend RCTA courses."
"The OCU officers who also work for ITU are being compensated by ITU for teaching RCTA courses that city employees attend," said Johnson's opinion. "Accordingly, it appears that these OCU officers are, in fact, obtaining a financial benefit by virtue of RCTA's relationship with the city. ...
"Additionally, there is the appearance of a conflict of interest, especially with (Sherman), because this individual has the ability to influence and/or create demand for services that could result in his company being compensated."
Johnson said OCU officers employed by ITU "should either terminate their employment with ITU or take appropriate measures to ensure that ITU will not teach courses attended by city employees."
-- Amos Maki: (901) 529-2351
Copyright 2011 - The Commercial Appeal, Memphis, Tenn.
