Moonlighting Tenn. Cops Get City Overtime

Jan. 27, 2012
Several Memphis Police Department officers who owned a private business to teach law enforcement techniques received improper overtime payments and other reimbursements for teaching those courses, according to a draft version of an audit obtained by The Commercial Appeal.

Jan. 26--Several Memphis Police Department officers who owned a private business to teach law enforcement techniques received improper overtime payments and other reimbursements for teaching those courses, according to a draft version of an audit obtained by The Commercial Appeal.

The audit of the department's Organized Crime Unit also determined that former police director Larry Godwin appeared to influence the career progress of a son assigned to the unit.

The draft audit said MPD officers who served as instructors with a company called Investigative Techniques Unlimited wrongfully got $183,555 in overtime pay from the department's drug fund for teaching the courses.

"Certainly, we're concerned about the appropriate use of city dollars and particularly when there might be a conflict of interest," said Chief Administrative Officer George Little. "Clearly, there are questions about whether or not it was appropriate."

Investigative Techniques Unlimited was created by former MPD sergeant Paul Sherman. ITU contracts with the federal government to provide officer training at the Regional Counterdrug Training Academy in Meridian, Miss., which is sponsored and funded by the U.S. Department of Defense.

Larry Godwin's son, Anthony Godwin, served as an instructor for ITU.

The registered agent for the company is former MPD colonel Jeff Clark, who is also the company's president and CEO. Clark, who was forced to retire shortly after current Police Director Toney Armstrong was appointed in April, disagreed with the audit findings.

"There's no way that's right," he said. "The company is paid by RCTA and the company pays the officers."

The audit says that in addition to those fees, police officers who served as instructors were paid overtime from the city's drug fund -- a total of $183,555 between August 2009 and April 2011.

"While overtime costs necessary for officers to attend specialized training for drug enforcement is permissible, the overtime costs for OCU officers to serve as instructors at RCTA is not a drug enforcement expense," said the draft of the audit by city auditor Leon Pattman.

The drug fund comes from money or property converted into money after arrests of drug offenders.

Auditors determined that the MPD officers who served as instructors also received $15,192 worth of unacceptable reimbursements for fuel, lodging and supplies, and $19,559 for other such expenses.

The Police Department should reimburse the drug fund a total of $218,306 from its own budget, auditors said.

A previous report from the city's chief ethics officer, Monika Johnson, now part of the audit, said the officers who started ITU violated city ethics rules by using their positions "for private gain."

The ethics opinion said that it was a problem that ITU founder Sherman could recommend "approval for officers to attend RCTA courses."

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."

Auditors also determined that one OCU officer used the confidential funds to pay a $216 personal Memphis Light, Gas and Water Division bill. Auditors hinted that there could be more problems with impermissible MLGW payments.

Pattman said Anthony Godwin's position in OCU, a unit that reported to Larry Godwin, gave the appearance of violating city nepotism rules.

"In two instances, auditors concluded the actions of the former police director gave the appearance that he directly or indirectly influenced the work responsibilities and career progress of his son who was assigned to OCU," said the audit.

Larry Godwin approved a special request for uniforms submitted by his son, according to the audit, and granted his son and another OCU officer permission to represent the director or the OCU commander at the state Peace Officers Standards Training Commission.

City policy "prohibits one employee from influencing the work responsibilities of another employee who is a relative."

Larry Godwin did not answer phone calls, text messages or e-mails seeking comment on the audit.

Armstrong said Wednesday he will forward the audit findings to the Tennessee Bureau of Investigation.

Copyright 2012 - The Commercial Appeal, Memphis, Tenn.

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