Sanman Canned Over Bribe; Improperly Removed Trade Waste
By TOMMY HALLISSEY
Sanitation Commissioner John J. Doherty has terminated a Sanitation Worker who took a gratuity for collecting at least 27 bags of construction debris from a residential building undergoing repairs.

Peter Iannello was found guilty by an Office of Administrative Trials and Hearings Judge of collecting trade waste from a residence in Queens in November 2006 and accepting a $40 gratuity from the property-owner. He violated a trade waste order, an anti-corruption order and a gratuity order.

Anonymous Tip Nailed Him

On Nov. 22, 2006, Mr. Iannello, who was on the job a year and a half at the time, worked the 7 a.m. to 3 p.m. shift in Queens with a partner, S. Kocan, whom he had never worked with before.

At about 10 a.m., Deputy Chief William Glynn received an anonymous phone call that stated Sanitation Workers picked up 30 to 40 bags of construction materials from a property on 128th St. and received payment. Within 20 minutes, a Chief of the Field Investigative Audit Team instructed Mr. Glynn to detain Mr. Iannello's truck, secure it and bring it back to the garage for investigation.

The Sanitation Department sent a Superintendent identified in the OATH ruling only as Burge to the 128th St. property to videotape observations. The Superintendent also interviewed a man at the house, who denied he was either the owner or the contractor.

Back at the garage, 27 black bags of garbage were dumped from the truck, which the Superintendent said were consistent with other garbage bags he had seen outside at the house in Queens. Superintendent Burge went back to the house to interview the owner, who admitted stuffing $40 into the hands of a Sanitation Worker who he said was reluctant to accept it. The Sanitation Department entered a videotape of that conversation, which did not identify the worker, into evidence.

The Superintendent interviewed Mr. Iannello and his partner individually. Mr. Iannello first denied picking up 27 bags at that location, but later recanted. He denied taking any money. Mr. Iannello's partner corroborated his story.

OATH found that Sanitation Workers occasionally collect trade waste in an effort to satisfy the department's mandate that the route must be clean, and other times are not able to distinguish between commercial and household garbage. However, Sanitation officials said it was easy to tell apart the two types of garbage.

Mr. Iannello testified he was approached by a woman who offered money to take extra garbage. He said he refused the cash, but took the garbage anyway. He said he removed some bags and thought his partner took others. Mr. Iannello testified that Mr. Kocan said, "[w]hatever happens, I'll take full responsibility." He said he neglected to report the gratuity offer earlier because he was afraid of repercussions.

ALJ Didn't Believe Him

Administrative Law Judge Ingrid M. Addison stated in her decision that Mr. Iannello's testimony was unpersuasive and contradicted his recorded interview. She also discounted his claim that he was unable to determine whether the bags contained construction debris because of the testimony of former Sanitation Workers.

"[Mr. Iannello's] claim is further undermined by his admission that the homeowner approached him, announced that she had extra garbage and offered him money," Ms. Addison wrote in her decision. "The chances of her offer being anything other than a quid pro quo were remote. Therefore, I find his assertion that he did not know what the bags contained to be disingenuous."