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Pool Security Contract Stirs Controversy

By James Heaney
Buffalo News Staff Reporter

The Brown administration has awarded a contract to provide security at city pools to a company operated by a city police officer who has been drawing disability pay for the past three years.

Executive Investigations and Security is owned by Levino L. Johnson, who has been drawing disability pay since February 2007 for a work-related injury. He is receiving full patrol officer's pay of $64,095.

His company was one of only three firms to submit bids to the city during a rushed emergency bid process two weeks ago.

The administration's decision to do business with Johnson's firm flies in the face of its efforts to roll back the growing number of police officers collecting "injured on duty" pay. Two years ago, Mayor Byron W. Brown said it was "unconscionable" that police officers out on disability were working second jobs while still collecting a city paycheck.

Six months ago, Brown proclaimed that "2010 is going to be a new day" regarding scrutiny of police officers collecting sick pay while claiming work-related injuries and that he intended to punish those "abusing the trust of the taxpayers."

Brown administration officials have maintained that city policies prohibit police officers capable of performing light duty from holding second jobs.

Moreover, under Police Department rules, officers must obtain permission from the commissioner before taking a second job. Johnson, however, did not obtain that permission.

Johnson, in an interview, said he did not seek permission from the commissioner when setting up his company because he doesn't perform security work; rather, he owns the company and employs others to perform that task.

"I'm just the business owner," he said.

Does he see a problem with running a business while out on disability?

"I don't handle the day-to-day operations. I have a support staff that does all the management of the business," he said.

Johnson declined to detail the nature of his current injuries.

Peter Cutler, the mayor's spokesman, said he was not aware that the pool security contract went to a company owned by an officer collecting disability pay.
"We will certainly look into it and make sure everything is correct," he said. "If there is something that is wrong with the work he is performing, we will take the corrective action immediately."

Later in the day, Cutler called The Buffalo News to say Police Commissioner Daniel Derenda has ordered an internal affairs investigation.
Cutler added that the security contract was issued on an emergency basis and that the city is preparing a second, longer-term bid that he expects will be issued next week. The city has budgeted $68,256 to provide security at pools through Labor Day.

Several Common Council members questioned how the city could have awarded the contract in the first place.

"At a time when the Police Department is looking to limit the abuse of 'injured on duty' and get officers back to work, why in the world would the city give work to someone 'injured on duty?'" asked Niagara Council Member David Rivera, a former detective sergeant in the department.

"I think the investigation is warranted," said Delaware Council Member Michael LoCurto. "It doesn't even seem feasible to me for this to happen."

The city scrambled to provide security after rowdy young people started fights, repeatedly dunked a lifeguard and caused other problems at five of the city's eight pools July 8. The next day, the city solicited emergency bids for security at all eight pools and selected Johnson's firm the following day.

Executive Investigation and Security, located in Cheektowaga, submitted the lowest of three bids received of $21.75 per hour. It began work that weekend.
"We wanted to have people on site immediately," Cutler said.

Johnson told The News he is staffing the pools with off-duty police officers and licensed security personnel. He said the pools have been peaceful since his firm began working.

"We've had a couple of incidents, but they've all been handled professionally and discretely," he said.

Johnson, 46, started with the Police Department in June 1988. City payroll records show he has been on full-time disability for work-related injuries since February 2007. Payroll records show Johnson is assigned to the commissioner's office.

City payroll records show Johnson collected 278.75 days of injured on duty pay from 1991 to 1998, which amounts to a little more than one year. He took 21 weeks of injured on duty pay in 1993 and 15 weeks in 1995.

Other public records show Johnson incorporated Executive Investigation and Security in July 2009.

Johnson said he plans to file his retirement papers later this month.

Board of Elections records show he has made two $100 contributions to Brown's campaign committees, one in June 2006, the other in August 2009. Johnson said he has no personal relationship with the mayor and has not worked on his campaigns.

Johnson's current list of clients includes the Community Action Organization, a human service agency whose board and staff is populated with Brown's political supporters.

The Police Department's internal affairs investigation is expected to refocus attention on the surge in the number of officers who are not working because they have been classified as injured on duty.