Publiic Synop psis OIG O Repo ort #2014-0362 DPW D Em mployee Termin nated forr Viewin ng 39 Hoours of Porn nograph hic Mateerial Durring Woork Hou urs PUBL LIC SYNOPSI S OFFICE E OF INSP PECTOR GENERA AL BALTIM MORE CIT TY 100 N. Hollidaay Street, Room m 640 Baltimore, MD 21202 Publlic Synopssis Synopsiss of OIG Reeport #2014--0362: DPW W Employeee Terminateed for Viewin ng 39 Hourss of Pornogrraphic Mateerial Duringg Work Hou urs TABLE T OF O CONT TENTS TRANSM MITTAL MEMORAN M NDUM ………………… ……………… ……………… …………….. 1 OTICE REG GARDING REPORTS R …………… ……………… ……………… ……………… 2 OIG NO C SYNOPSIIS ………… ……………… ……………… ……………… ………………………… ….. 3 PUBLIC INTR RODUCTIO ON ………… ……………… …………… ……………… ……………… ……………… … 4 BAC CKGROUND D ……………………… ……………… ……………… ………………………… …… 4 SUM MMARY …… ………………………… ……………… ……………… ………………………… …… 4 LATIONS …………… … ………….… ……………… ………………………… ……………… ….. 6 VIOL ERRAL…… ……………...…………… ……………… …………… ……………… ……………… ….. 6 REFE RESPON NSE – DEPA ARTMENT T OF PUBL LIC WORK KS ……………………… ……………… …. 7 PUBL LIC SYNOPSI S Robert H. Pearre, Jr. Inspector General TO 284418-5017 NAME CITY of AGENCY Of?ce of Inspector General BALTIMORE City Hall, Suite 640 SUBJECT Synopsis of OIG Final Report #2014-0362 0 DATE Hon. President, and Members of the City Council 04/30/2015 400 City Hall Please ?nd attached the Of?ce of the Inspector General?s (OIG) Public Synopsis of Case 2014-0362, which involved a Maintenance Supervisor I (MSI) in the Department of Public Works (DPW) regularly using a City?owned computer to view inappropriate material during normal working hours. On 8/06/2014, the OIG was contacted by the Mayor?s Of?ce of Information Technology regarding a complaint received Via an email. The complaint indicated that the MSI was regularly viewing pornographic and inappropriate materials on his City-owned computer in his of?ce while working his normal work day. It was determined, as a result of the OIG investigation that the MSI viewed 39 hours of inappropriate material over an 82 hour monitored work period. By annualizing the data gathered during the two-week monitoring period, based on a 2000 hour work year, inappropriate material visible on his City?owned computer would total 951 hours which would cost the City approximately $28,400. On 9/03/2014, the MSI was suspended, without pay, and advised that he was being recommended for termination pending the outcome of a pre-termination hearing. On 9/25/2014, the MSI appealed his termination to the Civil Service Commission. On 1/20/2015, the settlement between the MSI and the City was completed and his termination was accepted. The OIG would like to thank all of the City agencies and employees who acted as valuable partners in working towards the successful conclusion of this investigation. The OIG looks forward to continuing our partnership to strengthen policy, procedure, and internal oversight protocols. Page 1 of 8 PUBLIC SYNOPSIS 1400?10-53  This report is available to the public in print or electronic format.  To obtain a printed copy, please call or write: Office of Inspector General 100 N. Holliday Street Suite 640, City Hall Baltimore, MD 21202  Baltimore City employees, citizens, and vendors or contractors doing business with the City should report fraud, waste, and abuse to the Fraud Hotline. Call 1-800-417-0430 (24 hours a day, 7 days a week).  Notifications of new reports are now available via Twitter by following us @OIG_BALTIMORE. Page 2 of 8 PUBLIC SYNOPSIS Public Synopsis Page 3 of 8 PUBLIC SYNOPSIS OFFICE E OF THE E INSPEC CTOR GENERAL BALT TIMORE CITY 100 N. Ho olliday Street, R Room 640 Balltimore, MD 21 202 Pub blic Synop psis Synopssis of OIG Report R #201 14-0362: DP PW Employee Terminaated for View wing 39 Hou urs of Porno ographic Maaterial Duriing Work H Hours Subject: Maaintenance Supervisor I, Departmentt of Public W Works INTR RODUCTIO ON O of Insspector Geneeral (OIG) peersonnel met with the Chhief Informaation On 08/06/2014, Office ( for the t Mayor’s Office of Innformation T Technology ((MOIT). Thhe Securrity Officer (CISO) CISO O provided th he OIG with h a copy of an n anonymouus complaintt received byy MOIT via emaill. The compllaint alleged d that a Main ntenance Suppervisor I (M MSI) from thhe Departmennt of Publiic Works’ (D DPW) Back River R Wasteewater Treatm ment Plant ((BRWWTP)) was regularrly using g a City-own ned computerr to view inaappropriate m material. The CISO C also ad dvised OIG personnel p th hat upon receeipt of the coomplaint, MOIT took iniitial steps to corroboraate the allegation. MOIT T’s initial ressearch reveaaled that no iinappropriatee w saved on o the hard drive d of MSII’s City-ownned computeer. However,, computer loogs files were reveaaled that a po ornographic DVD had beeen and wass currently sttored in the D DVD Drive of the Baltimore B Citty owned com mputer utilizzed by the M MSI. Based oon this inform mation, MOIT contaacted the OIG G, which theen initiated a joint investtigation withh MOIT’s Innformation Securrity Office. BAC CKGROUND D The MSI M worked d in the Facilities Divisio on of BRWW WTP located at 8201 Easstern Avenuee. MSI normal work king hours were w Monday y through Frriday from 7:00am to 3:000pm. A signifficant portio on of the MS SI’s responsiibilities incluuded the suppervision of five mechannical mainttenance labo orers in BRW WWTP’s Preeventative M Maintenance Division. Thhe MSI workked in an enclosed offfice located inside the sh heet metal shhop within thhe maintenaance buildingg. SUM MMARY To deetermine the extent of th he inappropriiate computeer usage, OIG G and MOIT T personnel develloped a plan to monitor the t MSI’s City-owned c omputer forr a period of two weeks. On Mond day 08/11/20 014, MOIT personnel p in nstalled compputer monitooring softwaare onto the City-owned comp puter used by the MSI in n his office aat BRWWTP P.1 This softw ware monitoors and records r all co omputer actiivity in real time. t 1 The computer c mon nitoring program m was installed d onto the workkstation namedd, “WWW8201-V-MSI.” Page 4 of 8 PUB BLIC SYNOP SIS OIG personnel monitored the MSI’s computer usage from Tuesday 08/12/2014 to Tuesday, 08/26/2014. This time period included 11 workdays. The MSI was present at his work site for the full eight hours for each of the 11 workdays, with the exception of 08/15/2014 and 08/22/2014, on which dates the MSI only worked five hours.2 The total amount of time monitored during this period between 08/12/2014 and 08/26/2014 was 82 hours. During this time, pornographic material, playing from a DVD placed in the DVD drive tray of the MSI’s City-owned computer, was visible on the screen for a total of 39 hours. Table 1 shows the amount of time the MSI had pornographic material displayed on the screen of his work computer compared to the hours worked each of the 11 days. Table 1 Date 08/12/2014 08/13/2014 08/14/2014 08/15/2014 08/18/2014 08/19/2014 08/20/2014 08/21/2014 08/22/2014 08/25/2014 08/26/2014 Total Day Tuesday Wednesday Thursday Friday Monday Tuesday Wednesday Thursday Friday Monday Tuesday Hours Worked 8 8 8 5 8 8 8 8 5 8 8 82 Time Pornographic Material On-Screen 5:52:41 4:57:14 6:46:23 2:26:00 3:22:54 1:32:35 3:33:01 3:47:36 2:16:07 3:49:05 2:19:30 39:00:22 The City-owned computer operated by the MSI was connected to a single monitor. OIG personnel noted that when pornographic material was visible, the video was maximized to cover the entire screen. OIG personnel noted that minimal computer activity was performed while pornographic material was visible.3 Based on these findings, the OIG believes that little to no work was being performed during the time that pornographic material was visible on the screen of the MSI’s City-owned computer. At an hourly rate of $29.90, the MSI was paid $1,166 for 39 hours for which no work was performed. By annualizing the data gathered during the two-week monitoring based on a 2000 hour work-year, pornographic material would be visible on the screen of the MSI’s City-owned computer for 951 hours which would cost the City approximately $28,400. 2 During each day of the monitoring period, MSI would begin using his computer approximately between the hours of 6:30am and 7:00am and with the exception of 08/15/2014 and 08/22/2014 and would stop using his computer between the hours of 2:30pm and 3:00pm. 3 OIG personnel noted that the MSI would occasionally maximize his email inbox in the Microsoft Outlook program and then minimize it moments later leaving only the pornographic material visible on the screen. Page 5 of 8 PUBLIC SYNOPSIS VIOLATIONS 1. Standards of Conduct and Performance – CSC/DHR Rule 40, Part I CSC/DHR Rule 40, Part I, states the following: “Employees shall observe and protect the City’s property rights, and shall follow all rules requiring authorization for the use of City funds, labor, and property.” The MSI’s misuse of the City-owned computer by viewing pornographic material instead of working is a violation of the City’s Administrative Manual policy AM-118-1, which governs the use of the City’s electronic communications systems. The MSI’s failure to adhere to policy AM-118-1 constitutes a violation of Rule 40, Part I. 2. Standards of Conduct and Performance – CSC/DHR Rule 40, Part L CSC/DHR Rule 40, Part L, states the following: “Employees shall conduct themselves at all times in a manner becoming of a City employee, and shall not bring scandal, expense, or annoyance upon the City through crime, conflict of interest, failure to pay just debts, or other improper or notorious behavior.” The MSI violated Rule 40, Part L through the misuse of his City-owned computer by viewing pornographic material for 39 hours over 11 workdays which costs the City approximately $1,166 and brings scandal to the City. REFERRAL Initial results of the OIG investigation were referred to DPW management personnel for further action as deemed appropriate. DPW management personnel then made the determination to terminate the MSI’s employment. On 09/03/2014, MSI was suspended, without pay, and advised that he was being recommended for termination pending the outcome of a pre-termination hearing. On 09/25/2014, the MSI appealed his termination to the Civil Service Commission. During negotiations, the MSI offered to rescind his appeal in exchange for 30 days of pay. The City ultimately agreed to pay the MSI for ten days to rescind his appeal and accept his termination. On 01/20/2015, the settlement between the MSI and the City was completed. At this point, the OIG considers this matter closed. The OIG would like to thank the DPW personnel involved for their outstanding support and cooperation provided in this investigation. The technical assistance and cooperation of MOIT’s Security and Engineering personnel is also greatly appreciated. The OIG looks forward to working with DPW and MOIT on future efforts. Page 6 of 8 PUBLIC SYNOPSIS REPORT RESPONSE DEPARTMENT OF PUBLIC WORKS Page 7 of 8 PUBLIC SYNOPSIS Mr. Robert H. Poarrc. Jr. InSpoctor General Of?ce of Inspector General 640 City Hall I -7 - .F Rudolph s. Chow. P.E.. Diractor Cf]? 01- ALTIZMORE Nam. a. Department of Pubhc Works 600 Abel Wolman Municipal Building 5m lnspoctor Gonaral Report 2014-0362 - - . I March 24. 2015 This is in response to your investigation regarding the misuse of his ity? owncd computer by viewing pornographic material over I 1 workdays. The Department of Public Works agreed with the ?ndings of the investigation by the Office of the firm-ml. and at: a remit terminatnrl Tho Department would like to thank the OIG for its very thorough invostigation. Department appreciates assistance and support that it has received from the OIG. udolp to Page 8 of 8 PUBLIC SYNOPSIS