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[00:00:02]

WE ARE READY, WE'RE READY TO PROCEED.

MR. CHAIRMAN, HE SAID HE WAS READY.

YEAH.

MR. INSPECTOR GENERAL, DID YOU SAY YOU WERE PREPARED TO PROCEED OR? YES, SIR.

WE'RE READY AS THE CITY SECRETARY IF THEY'RE READY TO GO ON RECORD.

UH, MISS, UH, CITY SECRETARY, ARE WE PREPARED TO GO ON THE RECORD? ALRIGHT.

YES, SIR.

ALRIGHT.

[Ethics Advisory Commission Meeting: Evidentiary Hearing on February 22, 2024.]

UH, THE TIME IS 9 35 ON FEBRUARY 22ND, AND THIS EVIDENTIARY HEARING OF THE ETHICS ETHICS ADVISORY COMMISSION, IT'S CALLED TO ORDER.

UH, THIS IS A HEARING OF A COMPLAINT AGAINST, UH, AANDRA GOMER, A AS I UNDERSTAND IT, A FORMER SANITATION DEPARTMENT EMPLOYEE AT THE TIME OF THE ALLEGATIONS.

UM, MY NAME IS TOM PERKINS.

I SERVE AS CHAIR OF THE HEARING PANEL.

UH, I LET THE RECORD REFLECT A QUORUM OF THE PANEL IS PRESENT.

UH, I'LL ASK THE MEMBERS OF THE PANEL TO STATE THEIR NAMES FOR THE RECORD, PLEASE.

THOMAS PERKINS JAD ASSO.

JENNIFER AUGH.

NICK RODRIGUEZ.

HOWARD RUBIN.

ALL RIGHT.

WE, WE HAVE A QUORUM.

UH, I'M GONNA NOW ASK FOR THE PRESENCE OF THE, THE PARTIES TO THE PROCEEDING.

IS THE RESPONDENT, UH, ALEXANDRIA AANDRA.

GOMER IS THE RESPONDENT AND HIS OR HER REPRESENTATIVE PRESENT TODAY? I DON'T BELIEVE THAT.

A, THAT THE RESPONDENT, MS. GOMER IS PRESENT.

UH, THOSE PRESENT FROM THE INSPECTOR GENERAL'S DIVISION, BART BEAVERS REPRESENTING THE CITY ATTORNEY'S OFFICE INSPECTOR GENERAL DIVISION, THOSE PRESENT FROM THE CITY SECRETARY'S OFFICE.

OH, WAIT.

OH, WAIT FOR LAURA.

OH, I'M SORRY.

WAIT.

NO.

OH, I WAS GONNA INTRODUCE MYSELF, BUT I DON'T HAVE TO.

IT'S LAURA FELAN WITH THE CITY ATTORNEY'S OFFICE WITH, UM, IN INSPECTOR GENERAL'S OFFICE.

.

OKAY.

THANK YOU.

I APOLOGIZE.

LET'S SEE.

CITY SECRETARY'S OFFICE.

ME, SVA MARTINEZ, DONNA BROWN, NANCY SANCHEZ, AND THE ATTORNEY ADVISOR TO THE ETHICS ADVISORY COMMISSION.

LAURA MORRISON, CITY ATTORNEY'S OFFICE.

ALL RIGHT.

ARE THERE ANY SPEAKERS ON TODAY'S AGENDA? MADAM CITY SECRETARY? NO CHAIR.

WE DO NOT HAVE ANY SPEAKERS.

NO SPEAKERS TODAY.

ARE THERE ANY WITNESSES THAT ARE GOING TO BE TESTIFYING AT TODAY'S HEARING WHO ARE PRESENT IN THE CHAMBER? YES, SIR.

THERE ARE.

WOULD YOU LIKE ME TO HAVE 'EM STAND UP? YES, PLEASE.

COULD YOU STAND AND IDENTIFY YOURSELF FOR THE RECORD, PLEASE? OH, DON'T NEED TO COME DOWN.

CAN YOU PLEASE COME DOWN AND IDENTIFY YOURSELF FOR THE RECORD, PLEASE? I AM JEREMY CROOKS WITH CITY DALLAS SANITATION.

GOOD MORNING.

I'M MARCEL MANANO, UH, SUPERVISOR AT THE SCALE HOUSE LANDFILL.

ALL RIGHT.

CLAUDIA MENDEZ, SENIOR CSR.

GOOD MORNING.

JACQUELINE SAVA, INVESTIGATOR WITH THE INSPECTOR GENERAL DIVISION.

THANK YOU VERY MUCH.

ANY OTHER WITNESSES THAT I HAVE MISSED? NO.

ALL RIGHT.

THANK YOU VERY MUCH.

MR. INSPECTOR GENERAL? SOMEBODY

[00:05:16]

YES.

LIKE THE CITY SECRETARY DOES THAT? NO, JUST, UM, I SHOULD ADD THIS AS PART OF THE SCRIPT AND SAY, DO YOU SWEAR TO TELL THE TRUTH AND NOTHING THE TRUTH? WILL THE WITNESSES PLEASE STAND? I'D LIKE TO SWEAR YOU IN.

PLEASE RAISE YOUR RIGHT HAND.

STATE YOUR NAME AND THAT YOU SWEAR OR, OR DO YOU SWEAR OR AFFIRM, SWEAR OR AFFIRM THAT YOU'LL TELL THE TRUTH AND NOTHING BUT THE TRUTH TODAY? THE SWEAR OR AFFIRM? YES.

ALRIGHT.

THANK YOU VERY MUCH.

AND DO WE NEED A MOTION TO INVOKE THE RULE? UM, ASK THE IG SINCE THE RESPONDENT'S NOT HERE, ASK THE IG IF IG MR. IG, WOULD YOU LIKE TO INVOKE THE RULE TODAY WITH RESPECT TO THE WITNESSES? UH, I, I WOULD NOT MAKE THAT MOTION AT THIS TIME, BUT IF YOU WANT TO, THAT'S CERTAINLY SOMETHING THAT ANY NEED TO INVOKE THE RULE TODAY FROM ANY COMMISSIONER.

UH, ALRIGHT, WE'LL THEN, UH, WE WILL THEN PROCEED.

UH, DOES EITHER PARTY HAVE ANY MOTIONS TO PRESENT TO THE PANEL AT THIS TIME? MR. INSPECTOR GENERAL? WE DON'T HAVE ANY MOTIONS, BUT I WOULD LIKE TO EXPLAIN TO YOU AND THE PANEL MEMBERS WHAT WE'VE DONE TO COMMUNICATE WITH THE RESPONDENT IN THIS CASE.

WOULD THAT BE OKAY? UH, THAT WOULD BE, THAT WOULD BE GREAT.

THANK YOU.

THANK YOU VERY MUCH, SIR.

MAY WE APPROACH AND GIVE YOU SOME DOCUMENTS? YES, YES, PLEASE, PLEASE DO.

GO AHEAD.

THANK YOU.

MM-HMM, .

NO PROBLEM.

THANK YOU, MR. INSPECTOR GENERAL.

YOU MAY PROCEED.

THANK YOU, MR. CHAIRMAN.

I JUST WANTED TO MAKE SURE THAT THE RECORD WAS CLEAR UNDER 12 A 53 F IF THE RESPONDENT DOES NOT ATTEND THE HEARING TO PROVIDE A DEFENSE, THE HEARING PANEL MAY PROCEED WITH THE HEARING.

TO FINAL DETERMINATION, I WANTED TO PROVIDE YOU WITH A TIMELINE OF WHAT WE'VE DONE TO COMMUNICATE WITH THIS INDIVIDUAL AND THE DOCUMENTS THAT SUPPORT IT.

ON 1213 OF 23, WE SENT A NOTIFICATION OF THE ETHICS VIOLATION VIA REGULAR MAIL.

UH, IF YOU'LL NOTICE, ALL THE PAGES BEHIND THE BULLET POINT LIST ARE BATES NUMBERED AT THE TOP RIGHT CORNER, PAGES ONE THROUGH THREE OF THE DOCUMENTS THAT SUPPORT THAT BULLET POINT.

ALSO, ON THAT DAY, WE SENT THE EXACT SAME LETTER VIA CERTIFIED MAIL, AND THAT WOULD BE SUPPORTED BY PAGES ONE THROUGH FOUR.

ALSO ON THAT DAY AT 8:53 AM I PERSONALLY SENT EMAILS TO EVERY SINGLE EMAIL ADDRESS THAT WAS LISTED IN HER HUMAN RESOURCES RECORDS AT 8:53 AM AND I RECEIVED TWO UNDELIVERABLE EMAIL MESSAGES.

THAT BULLET POINT IS SUPPORTED BY PAGES FIVE THROUGH 15.

TWO DAYS LATER ON DECEMBER 15TH, UH, WE RECEIVED A NOTICE FROM U-P-U-S-P-S THAT THEY WERE UNABLE TO DELIVER AND THEY RESCHEDULED IT.

THAT'S ON PAGE 16.

FOUR DAYS AFTER THAT, ON DECEMBER 19TH, USPS NOTIFIED US THAT THEY HAD THE DELIVERY RESCHEDULED.

THAT DOCUMENT IS ALSO ON PAGE 16.

ON JANUARY 3RD OF 24, MY LEAD INVESTIGATOR, AMANDA MOLNAR AND LOU VALEZ WENT TO THE RESIDENCE, UH, WHERE THE RESPONDENT LIVES.

A YOUNG LADY WHO ANSWERED THE DOOR IDENTIFIED HERSELF AS THE DAUGHTER OF THE RESPONDENT.

WE WERE TOLD THAT SHE WAS NOT AT HOME.

WE LEFT A CARD THERE AND ASKING HER TO CONTACT US.

WE HAVE RECEIVED NO CON, NO SUCH CONTACT.

THE VERY NEXT DAY WE HIRED A PROFESSIONAL PROCESS SERVER TO SERVE HER NOTICE OF THE HEARING, WHERE IT IS, WHEN IT'S GONNA TAKE PLACE, AND THE TIME THEY WERE UNSUCCESSFUL ON JANUARY 4TH AT 9:28 AM THAT'S SUPPORTED BY PAGES 17 THROUGH 26.

THE VERY NEXT DAY SPECIAL DELIVERY WAS THE ACTUAL PROCESS SERVER WENT OUT AND AT 9:43 AM

[00:10:01]

DID MAKE A SUCCESSFUL SERVICE.

SO THE RESPONDENT IN THIS CASE NOT ONLY HAS CONSTRUCTIVE NOTICE, SHE HAS ACTUAL NOTICE BECAUSE IT WAS HAND DELIVERED TO HER.

UH, AS EVIDENCED BY THE AFFIDAVIT ON PAGE 27, ON JANUARY 10TH OF 24, USPS SENT US A NOTICE THAT THEY WERE UNABLE TO DELIVER AND RETURN THE LETTER TO US.

THE SENDER 10 DAYS AFTER THAT ON JANUARY 20TH, PER USPS, UH, THE LETTER IS WITH AGENT POSTAL SERVICE TO BE DELIVERED AS RETURNED TO SENDER ON FEBRUARY THE EIGHTH.

THIS IS NOT ON YOUR BULLET POINT LIST.

WE TENDERED ALL THE DISCOVERY IN THIS CASE, ALL THE EXHIBITS.

IN THIS CASE, WE PUT THE VIDEOTAPES ON A THUMB DRIVE WITNESS LIST, EXHIBIT LIST COMPLAINT, AND THE DATE, TIME, AND LOCATION OF THE HEARING.

SO WE HAVE DONE EVERYTHING THAT WE CAN THINK OF TO TRY TO GET THIS INDIVIDUAL TO COMMUNICATE WITH US AND TO FULFILL OUR RESPONSIBILITIES OF NOTIFYING HER OF THE HEARING AND PROVIDING THE DISCOVERY THAT WE INTEND TO OFFER.

AND SO WE WOULD RESPECTFULLY REQUEST THAT THE CHAIRMAN AND THE MEMBERS OF THE COMMITTEE ALLOW US TO GO FORWARD TODAY, UH, GIVEN THAT WE'VE DONE EVERYTHING WE CAN TO COMMUNICATE WITH HER.

THANK YOU VERY MUCH.

ARE THERE ANY QUESTIONS OF THE INSPECTOR GENERAL? I NOTICED THAT ONE OF THE NOTICES SAID THAT THE HEARING WOULD BE IN SIX ES.

HAVE WE CHECKED THERE JUST TO MAKE SURE SHE HASN'T SHOWN UP THERE WONDERING WHERE WE ARE? I WOULD BE HAPPY TO RUN THERE AND CHECK REAL QUICK.

WOULD THAT, THAT JUST MIGHT BE BEST.

SO WE GOT THAT COVERED? YES.

YES, SIR.

UH, I JUST HAVE A QUESTION FOR THE CHAIR.

SHOULD WE MAKE THIS, UH, PART OF THE RECORD AS AN EXHIBIT? I I HAVE NO OBJECTION TO THAT AT ALL.

WOULD YOU LIKE TO, UH, INCLUDE THIS AS PART OF THE RECORD? YEAH, I, I WOULD LIKE TO INCLUDE IT AS PART OF THE RECORD.

UH, I DON'T KNOW.

YOU HAVE YOUR EXHIBITS MARKED? I ASSUME SO.

UH, UH, WE CAN CALL IT WHATEVER YOU WANT.

I THINK IT'S A VERY WISE IDEA.

I HAVE NO OBJECTION.

OKAY.

EXHIBIT ONE.

ANY COMMENTS? EXHIBIT, DO WE NEED TO MAKE A MOTION, LAURA? UH, NO.

THE CHAIR CAN JUST ACCEPT IT.

OKAY.

ALRIGHT.

WE'RE GOING TO ACCEPT IT AS PART OF THE RECORD THEN.

OKAY.

AS EXHIBIT NUMBER ONE, RIGHT? WELL, IF HIS EXHIBITS ARE NUMBER YEAH, I'M, I'M AFRAID THEY MAY HAVE EXHIBITS ALREADY PRE-MARKED.

SO MAYBE WE COULD JUST MAKE IT, WHATEVER THE NUMBER COULD WE CALL IT.

LAST NUMBER, SUPPLEMENTAL EXHIBIT OR A NOTIFICATION EXHIBIT.

OKAY.

NOTIFICATION EXHIBIT.

NOTIFICATION EXHIBIT.

THAT'S FINE.

ALL THANK YOU VERY MUCH.

ALRIGHT.

OVER, UM, WHAT I ASK IF THEY THE SCRIPT? YES.

ANY STIPULATIONS? NOW YOU'RE ASKED FOR THEIR EXHIBITS THERE ALL, SO THE EXHIBITS HAVE BEEN PRESENTED TO THE COMMISSION.

THERE'S BEEN A MOTION NO, THAT'S JUST ONE.

HE'S, HE SAYS HE HAS OTHER EXHIBITS.

OH, THERE ARE, I'M SORRY.

MR. MR. INSPECTOR GENERAL, THERE ARE, ARE OTHER EXHIBITS THAT YOU INTEND TO PRODUCE INTRODUCED RATHER? YES, SIR.

WE INTEND TO OFFER, IF, IF YOU ALLOW US TO GO FORWARD TODAY, WE INTEND TO OFFER THE COMPLAINT IN A SERIES OF EXHIBITS TO SUPPORT THE CASE THAT WE FILED.

BUT RIGHT NOW, THE ONLY THING THAT'S BEEN ADMITTED FOR THE RECORD WAS THE CHRONOLOGY OF OUR EFFORTS TO COMMUNICATE WITH THIS RESPONDENT AND NOTIFY HER OF THESE PROCEEDINGS.

DO WOULD YOU LIKE TO INTRODUCE THOSE EXHIBITS NOW OR WOULD YOU LIKE TO WAIT? I WOULD LIKE TO INTRODUCE THOSE EXHIBITS NOW, IF THAT'S OKAY.

DO YOU NEED A MOTION TO MOVE FORWARD? NO, IT'S ON THE AGENDA, SO, OKAY.

ALRIGHT.

DO YOU WANT ME TO STATE THAT? YES.

YEAH, COULD YOU DO THAT? THIS IS LAURA MORRISON, UH, CITY ATTORNEY'S OFFICE.

UM, I JUST WANNA STATE FOR THE RECORD THAT THE CITY SECRETARY HAS INFORMED US THERE IS NO ONE ON THE SIXTH FLOOR.

UH, THE RESPONDENT IS NOT THERE.

ALRIGHT.

SO, MR. INSPECTOR GENERAL, WOULD YOU LIKE TO INTRODUCE THESE EXHIBITS OR I WILL DEFER TO YOU ON THE TIMING OF YOUR, UH, REQUEST FOR DISPOSITION WITH RESPECT TO THESE? YES, SIR.

I WOULD.

IF, IF A, ASSUMING THAT YOU'RE

[00:15:01]

GONNA ALLOW US TO PROCEED, I'D LIKE TO GIVE A OPENING STATEMENT BEFORE WE OFFER THE EXHIBITS, IF THAT'S OKAY.

UH, THAT IS PERFECTLY ACCEPTABLE.

ALL RIGHT.

PLEASE PROCEED, SIR.

THANK YOU, SIR.

THE CASE THAT WE'RE BRINGING BEFORE YOU TODAY IS A CASE OF AN OFF THE BOOKS FRAUD CASE.

IF YOU STEAL MONEY THAT DOESN'T BELONG TO YOU AFTER IT'S ENTERED INTO THE ACCOUNTING SYSTEM, THAT'S CALLED LARCENY.

IF YOU STEAL MONEY BEFORE IT'S ENTERED INTO THE ACCOUNTING SYSTEM, THAT IS CALLED SKIMMING.

AND SKIMMING IS WHAT'S KNOWN AS AN OFF THE BOOKS FRAUD CASE.

A LOT OF FOLKS NEVER SEE THIS.

YOU, YOU'VE GOT A FRONT ROW SEAT TO SEE A TEXTBOOK EXAMPLE OF SKIMMING.

SKIMMING IS AN OFF THE BOOKS FRAUD CASE.

IT'S EFFECTIVE BECAUSE IT LEAVES NO DIRECT AUDIT TRAIL.

IT'S DIFFICULT TO DETECT, WHICH MEANS THE ADVANTAGE GOES TO THE PERSON WHO'S DOING THE STEALING.

IT INVOLVES UNRECORDED SALES.

AND WHAT MAKES IT SO NEFARIOUS IS THE FACT THAT IT OFTEN RESULTS IN THE CASH REGISTER BALANCING, UH, THE CASH ON HAND EQUATING WHAT'S ON THE REGISTER TAPE, BECAUSE IT WAS UNRECORDED.

AND BECAUSE OF THAT, IN AN OFF THE BOOKS FRAUD CASE, THE FIRST THING THAT I WOULD SAY TO YOU, AND WHAT I'VE SAID TO JURIES IN THE PAST IS YOU'RE GONNA SEE EVIDENCE IN A CASE, DOCUMENTS PRESENTED TO YOU AND ADMITTED WHERE SOMETHING IS NOT THERE THAT SHOULD BE THERE, SOMETHING IS NOT THERE THAT SHOULD BE THERE.

AND YOU'RE GONNA KNOW THAT IT SHOULD BE THERE BECAUSE WE HAVE FIVE VIDEOTAPES WE'RE GONNA SHOW YOU.

UH, ONE OF THE VIDEOTAPES COMES FROM APRIL THE EIGHTH.

AND AT 4:21 PM A TRUCK COMES THROUGH AND MS. GOMER JUST WAVES 'EM THROUGH, DOESN'T STOP 'EM AND TAKE THE CHARGE THE MONEY LIKE SHE'S SUPPOSED TO.

THUMBS UP, WEIGHS 'EM THROUGH, THUMBS UP, WEIGHS 'EM THROUGH, THUMBS UP FIVE, SIX TIMES, WEIGHS 'EM THROUGH.

THAT IS A VIOLATION OF, OF PROCEDURE.

IT'S A VIOLATION OF POLICY AND IT'S ALSO A THEFT BECAUSE YOU'RE SUPPOSED TO STOP THOSE PEOPLE AND LET THEM PAY BEFORE THEY DUMP.

THREE DAYS AFTER THAT, SHE ENTERED INTO A TRANSACTION AT 3:55 PM AND RECEIVED SEVERAL $100 BILLS.

AND IF YOU'LL WATCH THESE VIDEOS, WE'LL PLAY 'EM BACK AS MANY TIMES AS YOU WANNA SEE 'EM.

SHE TYPES IN THE INFORMATION INTO THE WINDOW, THE WASTE WORK SYSTEM, BUT SHE NEVER HITS ENTER.

SHE, SHE TYPES THAT INTO THE SYSTEM, OPENS UP A SECOND WINDOW AND HIDES THAT WINDOW WITH A SECOND WINDOW.

SO IF YOU WALK UP BEHIND HER, YOU'RE NOT EVEN GONNA SEE THAT BECAUSE IT'S BEEN COVERED UP AND SHE NEVER HITS ENTER.

SHE NEVER HITS ENTER BECAUSE YOU'RE GONNA SEE WITH YOUR OWN EYES, NOT ONLY DID SHE NOT HIT THAT, BUT THERE'S TWO RECEIPT MACHINES RIGHT NEXT TO HER COMPUTER.

THE ONE ON THE LEFT IS FOR CASH.

THE ONE ON THE RIGHT IS FOR CREDIT CARDS.

AND IF YOU HIT ENTER AND SUBMIT, THAT STUFF THAT YOU TYPED IN A WHITE PIECE OF PAPER WILL BE, WILL SPIT OUT OF THERE.

AND YOU CAN TEAR IT OFF JUST LIKE AT WALMART.

AND YOU'RE SUPPOSED TO HAND THAT TO THE CUSTOMER.

THAT DOESN'T HAPPEN IN THIS CASE.

AND YOU'RE GONNA KNOW THAT IT DIDN'T HAPPEN BECAUSE SHE, YOU'RE NOT GONNA SEE ANY RECEIPTS COME OFF.

SO THE RECEIPTS NEVER PRINTED.

THERE'S NO RECORD OF THE TRANSACTION.

AND ON APRIL 11TH, FOUR HOURS LATER, WE'RE GONNA SHOW YOU VIDEOTAPE OF HER SLIPPING THESE A HUNDRED DOLLARS BILLS INTO HER BACK LEFT POCKET.

A COUPLE MONTHS LATER ON JUNE THE EIGHTH, SHE'S DOING A TRANSACTION AT 7:30 PM WHERE MORE A HUNDRED DOLLARS BILLS COME IN.

SHE NEVER CLICKS ENTER, SHE NEVER SUBMITS THE TRANSACTION.

IT'S NEVER RECORDED.

IT'S NOT IN THE WASTE WORK SYSTEM.

AND 25 MINUTES LATER, WE HAVE THE LAST VIDEO, AND THAT'S GONNA SHOW YOU SLIPPING THOSE A HUNDRED DOLLARS BILLS INTO HER BACK LEFT POCKET AGAIN, WHICH IS NOT ONLY THEFT, IT'S CERTAINLY A VIOLATION OF PROCEDURE.

UH, THE REASON WHAT TIPPED THIS WHOLE THING OFF IS WE HAVE THOSE THREE EVENTS I JUST TOLD YOU ABOUT APRIL 8TH.

APRIL 11TH AND JUNE 8TH.

ON THE JUNE 8TH TRANSACTION, THE CUSTOMER GENTLEMAN BY THE NAME OF MARGARITA HERNANDEZ CAME BACK AFTER DUMPING HIS LOAD AND SAID, HEY, I, I, I MUST HAVE LOST MY RECEIPT.

CAN I GET A COPY OF MY RECEIPT? HE NEVER GOT ONE.

HE NEVER GOT A RECEIPT BECAUSE SHE NEVER CLICKED IN HER.

SO HE COMES BACK AND THEY START LOOKING INTO IT AND WELL, THEIR FIRST KNEE-JERK REACTION IS NOT SOMEBODY STEALING THEIR FIRST KNEE-JERK KNEE JERK REACTIONS.

MAYBE THERE'S A PROBLEM WITH THE SYSTEM, MAYBE IT'S JUST NOT UPDATED.

SO THEY LOOK AND THEY SEARCH AND THEY REALIZE THAT THIS TRANSACTION WAS NEVER ADMITTED.

AND THEN THEY GO BACK AND START WATCHING THE VIDEOS AND THAT'S WHEN THIS THING BEGAN TO UNRAVEL.

[00:20:01]

AND SO MR. HER, MR. MARGARITO HERNANDEZ DID RECEIVE HIS RECEIPT, BUT IT WAS ALMOST A MONTH LATER ON JULY 7TH BEFORE THEY EVER DID THAT.

AFTER THE FACT WHEN THEY'D FIGURED OUT WHAT'S GOING ON.

WE'VE GOT VIDEO RECORDS THAT WE INTEND TO INTRODUCE.

WE HAVE TRANSACTION RECORDS SO YOU CAN SEE WITH YOUR OWN EYES, THE TRANSACTION THAT YOU SEE WITH YOUR OWN EYES ON VIDEO DOES NOT APPEAR ON THE TRANSACTION RECORDS.

THAT'S BECAUSE IT'S AN OFF THE BOOKS FRAUD SCHEME.

WE HAVE OVERAGE AND UNDERAGE MEMO RECORDS WHEN SHE'S OVER OR UNDER MORE THAN JUST A LITTLE BIT.

WE HAVE PERSONNEL EMPLOYMENT RECORDS SHOWING THAT SHE WAS EMPLOYED WITH THE CITY OF DALLAS FOR SIX YEARS AND PRIOR TO COMING TO THE CITY OF DALLAS ON HER APPLICATION, SHE SHOWS EIGHT YEARS OF CASHIER TRANSACTION EXPERIENCE.

SO THE EIGHT YEARS SHE SHOWED UP WITH ADDED TO THE SIX YEARS, WE'RE TALKING ABOUT AN INDIVIDUAL WITH 14 YEARS OF CASHIER EXPERIENCE.

SHE KNOWS WHAT THE PROPER PROCEDURES ARE FOR OPERATING A CASH REGISTER.

UH, AND WE ALSO HAVE SOME HR RECORDS SHOWING YOU THAT ONE OF THE PARTIALLY SUCCESSFUL RATINGS THAT SHE RECEIVED FOUR YEARS AGO WAS DUE TO DOCUMENTED CASHIER ERRORS.

WE HAVE SOME SANITATION REPORTS THAT ARE GONNA SHOW YOU THE SHORTAGES FROM APRIL 11TH AND THE OVERAGES FROM JUNE THE EIGHTH.

AND WE HAVE SOME, UH, SUMMARY EXHIBITS AND DIAGRAMS TO HELP HELP YOU TAKE ALL THIS STUFF AND SEE HOW IT FITS TOGETHER IN CHRONOLOGICAL ORDER.

UH, MS. GOMER WAS PLACED ON ADMINISTRATIVE LEAVE ON JUNE THE 16TH OF 2023, AND SHE WAS DISCHARGED FROM HER EMPLOYMENT WITH THE CITY OF DALLAS SOMETIME IN OCTOBER OF 23.

THANK YOU, MR. CHAIRMAN.

ALL RIGHT.

TH THANK YOU VERY MUCH.

UH, THE RESPONDENT, MS. GOMER, IS STILL NOT PRESENT, IS THAT CORRECT? SO THERE WOULD BE NO OPENING STATEMENT BY THE, UH, ALL REBUTTAL STATEMENT BY MS. GOMER.

UH, WITH THAT WE WILL PROCEED TO THE PRESENTATION OF EVIDENCE BY MR. INSPECTOR GENERAL.

OH, YOU'VE ALREADY GIVEN, OKAY.

WOULD YOU TURN TO THAT? JUST FOR THE RECORD, MR. CHAIRMAN, I'M GONNA ASK PERMISSION FROM MS. PHELAN TO APPROACH.

WE WOULD LIKE TO OFFER ALL THE EXHIBITS IN THIS CASE.

UH, WE WOULD LIKE TO OFFER THE COMPLAINT NUMBER ONE, EXHIBIT A, B, C, D, E, F-G-H-I-J, K-L-M-N-O-P-Q-R-S, AND T, ALL THOSE RECORDS WE'VE PROVIDED IN PHYSICAL HARD COPY FORM FOR THE MEMBERS OF THE PANEL SHOULD THEY CHOOSE TO FINGER THROUGH 'EM.

UH, THE VIDEOS IN THIS CASE, WHICH ARE IN L-M-N-O-M-P HAVE BEEN PLACED ON A THUMB DRIVE AND THOSE ARE TENDERED FOR YOUR INSPECTION.

AND WE RESPECTFULLY REQUEST THAT WE OFFER THAT YOU ALLOW US TO OFFER THOSE INTO EVIDENCE AT THIS TIME.

WOULD THE MEMBERS OF THE PANEL LIKE TO TAKE A MOMENT TO REVIEW THE EXHIBITS AND THEN WE CAN, UH, PROCEED WITH THE MOTION WITH RESPECT TO THOSE PAGE 72? I? YES.

OH, OKAY.

JUST AUTOMATICALLY HAVE MEMBERS OF THE PANEL HAD AN OPPORTUNITY TO, UH, REVIEW THE EXHIBITS THAT HAVE BEEN, THAT WILL BE OFFERED, UH, HAVE BEEN OFFERED BY THE INSPECTOR GENERAL'S OFFICE.

ARE THERE ANY QUESTIONS? IS THERE A MOTION TO ACCEPT, UH, THE INTRODUCTION OF THE INSPECTOR GENERAL'S EXHIBITS? IT'S BEEN MOVED.

OH NO, THERE'S A QUESTION.

OH NO.

OH, IT'S BEEN SO MOVED.

SECOND.

SECONDED.

[00:25:01]

ANY DISCUSSION? ALL THOSE IN FAVOR SIGNIFY WITH SAYING AYE.

AYE.

AYE.

AND MR. INSPECTOR GENERAL, YOU MAY PROCEED WITH THE INTRODUCTION, UH, WITH THE PRESENTATION OF YOUR EVIDENCE.

THANK YOU MR. CHAIRMAN, MEMBERS OF THE PANEL I'D LIKE TO CALL OUR FIRST WITNESS, MR. JEREMY CROOKS.

MR. CROOKS, MR. CROOKS, WOULD YOU INTRODUCE YOURSELF TO THE MEMBERS OF THE ETHICS ADVISORY COMMISSION PANEL AND SPELL YOUR LAST NAME FOR THE RECORD, PLEASE? I AM JEREMY CROOKS.

MY LAST NAME IS SPELLED C-R-O-O-K-S.

AND WHERE DO YOU WORK, MR. CROOKS? I WORK AT THE MCCOMBS BLUFF LANDFILL FOR THE CITY OF DALLAS.

AND HOW LONG HAVE YOU WORKED THERE? FOUR YEARS.

AND WHAT'S YOUR CURRENT JOB TITLE? I AM MANAGER OF SCALE HOUSE OPERATIONS.

AND WHAT ARE YOUR RESPONSIBILITIES? I OVERSEE THE FINANCIAL AND LOGISTICAL OPERATIONS FOR THE SCALE HOUSE.

WHEN DID YOU BECOME AWARE THAT ALEXANDRIA GOMER WAS TAKING CASH FROM HER JOB SITE ON, UH, JUNE, JUST AFTER JUNE 11TH, 2023.

AND DID YOU WATCH ALL FIVE OF THESE VIDEOTAPES? I DID.

I CAN'T.

MAY WE HAVE JUST A MOMENT PLEASE.

I GOT MARY, SEE, SEE THIS LITTLE, UM, SO THIS IS TELLING ME THAT HE DOESN'T, WHAT DOES THAT MEAN? THAT'S ONE, ONE RIGHT HERE.

OKAY.

I THINK YOU HAVE, YOU HAVE AN ISSUE.

WE'RE HAVING CONNECTIVITY ISSUES.

MAY WE HAVE ONE MOMENT? UM, UNLESS THERE'S AN OBJECTION, I YES, PLEASE.

DO YOU NEED SOME ADDITIONAL TIME? IT, IT, IT'S SHOWING THAT WE HAVE ACCESS.

I MEAN, I, I THINK WE COULD GET,

[00:30:01]

GET ACCESS MOMENTARILY.

OKAY.

ALRIGHT.

OKAY.

I WILL TAKE THIS OPPORTUNITY TO AT LEAST REMIND THE MEMBERS OF THE, OF THE PANEL THAT ANY RULING THAT I MAKE MAY BE OVERRULED BY A MAJORITY VOTE OF THE PANEL.

YEAH.

MR. CHAIRMAN, I DON'T SEE ANY REAL IMPROVEMENT ON THIS THING.

I COULD PROCEED WITH PAPER COPIES SINCE YOU, YOU FOLKS HAVE PAPER COPIES IF THAT WOULD BE AMENABLE.

SHOULD I GIVE THEM FIVE? SHOULD WE GO THE RECORD FIVE MINUTES OR I,

[00:35:13]

WHY? WHY DON'T WE DO THIS? CAN WE TAKE 10 MINUTES RECESS FOR 10 MINUTES, IF THAT IS OKAY.

THAT WILL GIVE THE INSPECTOR GENERAL AND ATTORNEY, UH, THE CITY ATTORNEY'S OFFICE TIME TO GET ITS EXHIBITS, UH, UPLOADED AND OPERATIONAL.

ALRIGHT, IT IS 10:10 AM AND WE WILL BE ADJOURNED FOR 10 MINUTES.

MR. INSPECTOR GENERAL? YES.

THANK YOU.

10 MINUTES.

WE'LL GO BACK ON THE RECORD AT 10 12.

THANK YOU MR. INSPECTOR GENERAL, ARE YOU READY TO PROCEED? YES SIR, WE ARE.

ALRIGHT.

AND, UH, WE WILL COMMISSION WILL GO BACK INTO SESSION AT 10 21 AND WE'LL TURN THE MIC OVER TO THE MR. BE WITH THE INSPECTOR GENERAL, PLEASE PRESENT PRE PROCEED WITH YOUR PRESENTATION, SIR.

THANK YOU.

MR. CROOKS.

WHEN AND HOW DID YOU BECOME AWARE THAT MS. GOMER WAS TAKING CASH FROM HER JOB SITE? IT WAS REPORTED TO ME BY THE SUPERVISOR OF THE SCALE HOUSE THE DAY AFTER THE TRANSACTION WITH THE MISSING RECEIPT BECAME APPARENT.

AND DID YOU WATCH THE TWO VIDEOS FROM APRIL 11TH? YES.

AND DID YOU WATCH THE TWO VIDEOS FROM JUNE 8TH? YES.

AND YOU ALSO, DID YOU WATCH THE FIRST VIDEO FROM APRIL 8TH? YES.

AND DID YOU WRITE ANY SYNOPSIS NOTES ABOUT, ABOUT WHAT YOU SAW AND YOUR IMPRESSIONS FROM THOSE VIDEOTAPES? I DID.

I'D LIKE TO SHOW YOU WHAT'S ALREADY BEEN ADMITTED INTO EVIDENCE.

IS EXHIBIT NUMBER B AND CAN YOU SEE THIS? CAN YOU SEE THIS ON THE SCREEN? OH, YES.

AND I NOTICED IN THE SYNOPSIS NOTES OF WHAT YOU SAW IN THE VIDEO THAT THE CASH DRAWERS ALREADY OPEN.

IS THAT A BREACH OF PROTOCOL? YES, IT IS.

UM, AT OH ONE TO 17, YOU MADE A NOTATION THAT SHE SHOULD HAVE, SHOULD HAVE TOLD THE CUSTOMER WHAT THE CHARGE IS BEFORE HANDING THE PROPER CHANGE BACK OR THE APPROPRIATE CHANGE.

IS THAT CORRECT? THAT'S CORRECT.

AND NOT DOING THAT WOULD BE A VIOLATION OF PROTOCOL? YES.

YOU ALSO PUT THAT SHE PRETENDED TO RECEIVE THE CASH OR PRETENDED TO ENTER IT.

IS THAT WHAT YOU SAW PRETENDED TO ENTER THE INFORMATION? YES.

AND THAT SHE OPENED A SECOND WASTE WORKS WINDOW TO COVER THE UNFINISHED ONE? CORRECT.

WOULD YOU TELL THE MEMBERS OF THE PANEL WHAT YOU SAW THERE? SINCE YOU'RE FAMILIAR WITH THE SYSTEM? THE WINDOW HAS, UM, ENTRY BLANKS THAT IS FILLED OUT WHEN A CUSTOMER'S INFORMATION IS, UH, COLLECTED.

WHEN THE TRANSACTION IS COMPLETE AND ENTER IS HIT, THE UH, TRANSACTION IS RECORDED IN THE SOFTWARE AND THOSE DIALOGUE BOXES IN THE WINDOW GO BLANK.

AND INSTEAD OF HITTING ENTER IN THOSE DIALOG BOXES GOING BLANK, A SECOND WINDOW WAS CREATED AND PUT OVER THE FIRST.

OKAY.

HERE AT, UH, ZERO ZERO I SEE A NOTE THAT SHE'S HOLDING THE, THE CASH IN HER HAND.

IS THAT A VIOLATION OF YOUR PROCEDURES? YES.

UH, AND THAT SHE SLIPS THE BILLS OUT OF THE STACK AND FOLDS 'EM IN HER LEFT HAND.

UH, I NOTICED YOU MADE A NOTATION HERE THAT THE CASH DRAWER IS ALREADY OPEN.

IS THAT A VIOLATION OF PROCEDURE? YES.

AND HERE YOU SAID THAT SHE RECEIVED THE $210 CASH FROM YOU'RE WATCHING OF THE VIDEO.

YES.

AND OBVIOUSLY ON PAGE TWO OF THIS DOCUMENT, SHE SLIPS THE BILLS, UH, FROM THE STA STACK AND PUTS 'EM INTO HER BACK POCKET.

THAT'S OBVIOUSLY A VIOLATION OF PROCEDURE, CORRECT? IT IS.

DID YOU OBTAIN A WRITTEN STATEMENT FROM MS. GOMER WHEN YOU CONFRONTED HER ABOUT THIS SITUATION? YES, I DID.

DIRECTING YOUR ATTENTION TO WHAT'S ALREADY BEEN ADMITTED INTO EVIDENCE IS EXHIBIT C, IS THIS A, A COPY OF THAT HANDWRITTEN STATEMENT THAT SHE GAVE IN RESPONSE? YES.

AND THIS IS TWO SENTENCES LONG, IS THAT CORRECT? THAT'S CORRECT.

AND SO SHE SAID, I REMEMBER PROCESSING THE CUSTOMER FOR $220.

THAT WAS I BELIEVE 208 I GAVE

[00:40:01]

HIM CHANGE AND A RECEIPT.

IS THAT CORRECT? THAT IS WHAT SHE WROTE.

THAT'S WHAT SHE WROTE.

BUT DID YOU SEE HER GIVE A RECEIPT TO ANYBODY OR EVEN SEE A RECEIPT PRINTED OFF THE MACHINE? NO, I DID NOT.

I WAS TOLD THE LAST 15 OR 20 MINUTES OF CLOSING, SO I WAS IN A RUSH.

I WILL SAY THAT AFTER CLOSING, THE CUSTOMER RETURNED FOR A COPY BECAUSE HE LOST HIS.

DO YOU BELIEVE THAT'S TRUE? NO, I DON'T.

YOU CAN'T LOSE WHAT YOU NEVER RECEIVED, ISN'T THAT CORRECT? THAT'S CORRECT.

AND WHEN ME AND CLAUDIA LOOKED IN THE SYSTEM AND COULDN'T FIND IT, IT WAS BECAUSE THE SYSTEM HADN'T UPDATED.

IS THAT CORRECT? THAT IS NOT CORRECT.

OKAY.

SO YOU HAVE THREE STATEMENTS THAT SHE MADE IN THESE TWO SENTENCES THAT YOU BELIEVE ARE FABRICATIONS.

I BELIEVE THEY ARE FABRICATIONS, YES.

AND YOU'VE WATCHED ALL THE VIDEOTAPES IN THIS CASE, CORRECT? YES, I HAVE.

THAT WOULD BE EXHIBIT L, MN, O AND P? YES.

DID YOU GENERATE A REPORT OF ALL THE TRANSACTIONS THAT OCCURRED FOR A SPECIFIC PERIOD OF TIME ON APRIL 11TH, 2023? YES, I DID.

AND SHOWING YOU WHAT'S ALREADY BEEN ADMITTED INTO EVIDENCE AS EXHIBIT D, IS THIS A COPY OF THAT? YES.

AND WHAT DOES D SHOW WITHIN THE TIMEFRAME CAPTURED? THE HIGHLIGHTED BLUE TRANSACTIONS ARE THOSE CONDUCTED AND RECORDED BY AANDRA GOMER? THE NON HIGHLIGHTED ONES ARE BY OTHERS.

AND YOU SAW ON THE VIDEOTAPE A CASH TRANSACTION THAT OCCURRED AT 3:55 PM ON EX, THAT'S EXHIBIT L.

UM, DOES THAT APPEAR ANYWHERE ON THIS SPREADSHEET? NO, IT DOES NOT.

SHOULD THAT BE THERE? YES.

IS THIS CIRCUMSTANTIAL PROOF OF SKIMMING WHICH DOES NOT RESULT IN AN INVOICE OR RECEIPT? YES, I BELIEVE SO.

AND DID YOU GENERATE A REPORT OF ALL THE TRANSACTIONS OCCURRING ON JUNE 8TH WITHIN A SPECIFIC TIMEFRAME? YES.

AND THAT WOULD BE EXHIBIT E? YES.

AND WHAT DOES EXHIBIT E SHOW WITHIN THE TIMEFRAME CAPTURED? IT SHOWS ALL THE TRANSACTIONS BETWEEN BETWEEN THAT TIME THE HIGHLIGHTED TRANSACTIONS.

ARE THOSE PERFORMED BY LA AT GOMER? THE UN HIGHLIGHTED ONES ARE PERFORMED BY OTHERS.

AND YOU SAW HER CONDUCT A CASH TRANSACTION AT 7:30 PM ON JUNE THE EIGHTH, CORRECT? THAT'S CORRECT.

DOES THAT TRANSACTION APPEAR ANYWHERE ON THIS SPREADSHEET? IT DOES NOT.

DOES IT APPEAR ANYWHERE ON YOUR SYSTEM? NO.

AND WOULD YOU CONSIDER THAT CIRCUMSTANTIAL PROOF OF SKIMMING, WHICH DOES NOT RESULT IN AN INVOICE OR RECEIPT? YES, IT WOULD.

DIRECTING YOUR ATTENTION TO THE EXCEL SPREADSHEET WHICH HAS BEEN ADMITTED INTO EVIDENCE AS EXHIBIT F, UH, WHAT IS EXHIBIT F? THIS IS AN OVERAGE SHORTAGE REPORT IN EXCEL.

AND WOULD THIS BE A COMPREHENSIVE LIST OF ALL THE OVERAGES IN UNDERAGE BY ALL THE EMPLOYEES FOR A 10 MONTH TIME PERIOD? YES, IT WOULD.

IF THE MEMBERS OF THE PANEL HAPPEN TO BE LOOKING AT THEIR HARD COPY, THIS WOULD BE LINE 1 92 ON THE SPREADSHEET.

CAN YOU SEE THAT HIGHLIGHTED SECTION THERE? YES.

AND IN THIS COMPREHENSIVE LIST OF ALL THE OVERAGES AND UNDERAGES FOR THIS 10 MONTH TIME PERIOD, WE NOTICE HERE ON LINE 1 92 A SHORTAGE OF $17 AND 88 CENTS ON APRIL 11TH.

IS THAT CORRECT? THAT'S CORRECT.

AND IF WE GO DOWN TO LINE 2 55, WE SEE AN OVERAGE OF $37 AND 67 CENTS.

IS THAT CORRECT? THAT'S CORRECT.

AND DOES THIS, DOES THIS REFLECT THAT UH, THE MONEY WAS NOT ACCOUNTED FOR, THE MONEY COLLECTED IN THE TRANSACTIONS AND QUESTIONS WAS NOT PRESENT AND ACCOUNTED FOR AND YOU KNOW THAT HAPPENED BECAUSE YOU SAW THE TRANSACTIONS OCCUR WITH

[00:45:01]

YOUR OWN EYES ON VIDEOTAPE, CORRECT? THAT'S CORRECT.

SO WHAT IS AN OVERAGE? OUR OVERAGE IS WHEN THERE IS MORE MONEY IN THE TILL THAN THE RECORDED TRANSACTIONS WOULD INDICATE.

AND WHAT IS THE SHORTAGE WHEN THERE'S LESS MONEY IN THE TILL THAN THE TRANSACTIONS WOULD INDICATE.

AND AND ACCORDING TO EXHIBIT E, HOW MANY TRANSACTIONS DID SHE CONDUCT ON JUNE THE EIGHTH? UM, WAS IT ABOUT 15 FOR THE TIME PERIOD CAPTURED? YES, IT WAS 15 IN THAT TIME PERIOD.

AND THAT TOTAL $2,100 AND 29, 2120 $9 AND 75 CENTS FOR THE TIME PERIOD? THAT'S CORRECT.

I GOT A COUPLE QUESTIONS FOR YOU ABOUT EXHIBIT D AND E.

BOTH, UH, ALL THE TRANSACTIONS ON BOTH SHEETS ARE LABELED AS CASH TRANSACTIONS.

SO IF YOU SEE THE WORD CASH, DOES THAT MEAN SOMEBODY HANDED GREEN DOLLAR BILLS OVER? IT COULD BE GREEN DOLLAR BILLS OR IT COULD BE A CREDIT CARD TRANSACTION.

OKAY.

AND IF THEY SEE THE CHG, WHAT DOES THAT MEAN? THAT MEANS THE CUSTOMER HAS A CHARGE ACCOUNT AND NO MONEY WAS, UM, EXCHANGED HANDS.

AND IT, THOSE, UH, DO NOT SHOW UP ON THE, IN FINANCIAL REPORTS FOR THE DAY.

SO CHG DOES NOT MEAN THEY USE A CREDIT OR DEBIT CARD? NO, IT DOESN'T.

THANK YOU, SIR.

DIRECTING YOUR ATTENTION TO EXHIBIT G, WHAT ARE THESE 15 PAGES? THOSE ARE OVER SHORT MEMORANDUMS. SO IF YOU'RE, IF YOU HAVE AN OVERAGE OR AN UNDERAGE, DOES IT AUTOMATICALLY REQUIRE THE FILLING OUT OF A MEMORANDUM? NO, ONLY PAST A CERTAIN AMOUNT.

THAT AMOUNT WOULD BE $10 OVER OR $10 SHORT.

AND THAT'S ENOUGH TO GENERATE THE CREATION OF A, OF A MEMO LIKE THIS? CORRECT.

AND SO DURING THIS FOUR MONTH TIME PERIOD FROM FEBRUARY 15TH OF 23 TO JUNE 13TH, 23, A FOUR MONTH TIME PERIOD, HOW MANY MEMOS DID SHE HAVE TO FILL OUT BECAUSE SHE WENT EITHER OVER OR UNDER TOO MUCH? I BELIEVE IT WAS AROUND 15.

AND IF THE MEMBERS OF THE PANEL ARE THUMBING THROUGH THIS, DO THESE MEMOS HAPPEN TO INCLUDE THE TWO DATES WHERE WE HAVE HER ON VIDEO TAPE STEALING CASH FROM THE CITY OF DALLAS? THEY DO.

AND THAT WOULD INCLUDE THIS PAGE EIGHT, CORRECT.

WHICH WOULD BE THE FOUR 11 TRANSACTION? YES.

AND THAT WOULD ALSO INCLUDE PAGE 12, WHICH WOULD INCLUDE THE JUNE 8TH, 2023 TRANSACTION? THAT'S RIGHT.

WHAT IS THE SIGNIFICANCE OF THE OVERAGE AND UNDERAGE UH, MEMORANDUMS? UM, FIRST WE'RE REQUIRED TO GENERATE THOSE, UH, BY THE CITY FOR A DOCUMENTATION OF THE LOSS OR GAME.

UH, SECOND, IT HELPS MANAGEMENT, UH, TO TRACK TRENDS IN THE ACCURACY OF A CASHIER'S UH, PERFORMANCE.

AND IN YOUR OPINION, DOES THAT DEMONSTRATE CARELESSNESS IN COLLECTING MONIES? YES, I WOULD.

DO YOU THINK THE CARELESSNESS IN WHICH SHE RAN HER CASH REGISTER MAY HAVE ENABLED HER TO STEAL MONEY? I THINK IT'S POSSIBLE, YES.

DIRECTING YOUR ATTENTION TO EXHIBIT H, THESE ARE RECORDS FROM MS. GOER'S PERSONNEL FILE? YES.

AND THIS SHOWS ON PAGE TWO THAT SHE RECEIVED A LETTER OFFERING HER EMPLOYMENT WITH THE CITY OF DALLAS ON APRIL 10TH, IS THAT RIGHT? THAT'S CORRECT.

AND THEN ON PAGE ONE IT SHOWS THAT SHE BEGAN ON APRIL 26TH DAYS LATER? YES.

AND SO KNOWING THAT SHE WAS TERMINATED FROM A JOB IN OCTOBER OF 23, SHE WORKED FOR THE CITY FOR AT AT LEAST SIX YEARS, IS THAT CORRECT? THAT'S CORRECT.

SO IT WOULD BE FAIR TO SAY THIS IS NOT SOMEBODY THAT STARTED A FEW MONTHS AGO.

THIS IS SOMEBODY THAT'S BEEN ON BOARD FOR YEARS AND KNOWS THE PROPER PROCEDURES TO FOLLOW.

YES, THAT IS TRUE.

[00:50:12]

DIRECTING YOUR ATTENTION TO WHAT'S BEEN ADMITTED INTO EVIDENCE AS EXHIBIT I.

AND IS THIS MS. GOER'S APPLICATION WHEN SHE APPLIED FOR EMPLOYMENT HERE? YES IT IS.

AND DOWN AT THE BOTTOM OF PAGE ONE, IT SHOWS THAT SHE SPENT FOUR YEARS APPROXIMATELY AT BOSTON MARKET? THAT'S CORRECT.

ON PAGE TWO IT SAID THAT SHE WAS RESPONSIBLE FOR FOLLOWING ESTABLISHED OPENING AND CLOSING PROCEDURES.

YES.

DOWN HERE IT'S, SHE SPECIFICALLY PUT DOWN THAT SHE WAS IN, SHE ENSURED THAT CASHIERS FOLLOWED PROPER CASH HANDLING PROCEDURES ALL TIMES, CORRECT? THAT'S CORRECT.

AND THAT SHE EXECUTED PROPER SECURITY AND CASH HANDLING AND CONTROLLED PROCEDURES TO HOLD CASHIERS ACCOUNTABLE FOR THEIR PERFORMANCE.

IS THAT CORRECT? THAT'S ALSO CORRECT, YES.

DOWN TOWARDS THE MIDDLE PART OF V WE ALSO SEE THAT SHE LISTED HERSELF AS WORKING FOR CC'S PIZZA FOR ALMOST FOUR YEARS AS AN ASSISTANT MANAGER.

IS THAT CORRECT? YES.

AND THAT SHE HAD RESPONSIBILITIES IN THE RESTAURANT IN THE, IN THE ABSENCE OF THE MANAGER TO ENSURE COMPLIANCE WITH COMPANY STANDARDS AND SHE SPECIFICALLY MENTIONED FINANCIAL ACCOUNTABILITY ON HER APPLICATION.

IS THAT CORRECT? THAT'S CORRECT.

GOING DOWN TO PAGE FOUR, QUESTION TWO, THE QUESTION WAS GIVEN WHAT IS YOUR LEVEL OF CUSTOMER SERVICE EXPERIENCE WHICH INVOLVED CASHIERING DATA ENTRY AND ANALYZING ACCOUNTS OR COMPLAINT RESOLUTION AND SHE CHOSE OF THE, OF THE OPTIONS AVAILABLE FOUR YEARS OR MORE? CORRECT.

AND THAT WOULD BE CONSISTENT WITH THE FACT THAT SHE SAID SHE HAD EIGHT YEARS OF CASH EXPERIENCE WORKING A CASH REGISTER BEFORE SHE SHOWED UP WORKING FOR THE CITY? THAT'S RIGHT.

AND SHE ALSO GAVE THIS RESPONSE AGAIN AT THE BOTTOM? YES.

DIRECTING YOUR ATTENTION TO EXHIBIT J, IS THIS HER ANNUAL PERFORMANCE RATING? YES IT IS.

AND IF WE THUMB OVER TO PAGE THREE OF PAGE SIX, I SEE A NOTATION HERE AND CORRECT ME IF I'M WRONG, BUT IT READS, THE LANDIA HAS HAD SEVERAL ERRORS OVER THE ROLLING 12 MONTH PERIOD AND UNDERSTANDS THE SERIOUSNESS OF HANDLING CUSTOMERS' MONIES IN A RESPONSIBLE MANNER.

AND SHE RECEIVED A PARTIALLY SUCCESSFUL RATING FOR THIS.

IS THAT CORRECT? THAT'S CORRECT.

SO SHE HAS A DOCUMENTED HISTORY OF AT LEAST GOING BACK FOUR YEARS OF NOT HANDLING THE CASH REGISTER IN A PROPER MANNER? YES.

AND DIRECTING YOUR ATTENTION TO EXHIBIT K, WHAT IS THIS THAT SEEMS TO BE A, UH, COMPILATION OF THE TWO PREVIOUS, UH, REPORTS OF HER TRANSACTIONS.

SO WE HAD ALL, IT'S, IT'S A SUMMARY EXHIBIT OF WHAT'S ALREADY BEEN ADMITTED INTO EVIDENCE EXHIBITS D AND E.

IS THAT CORRECT? YES.

AND SO IF YOU JUST WANTED TO FOCUS ON WHAT SHE DID, INSTEAD OF LOOKING THROUGH ALL THE D AND E STUFF, WE'VE SUMMARIZED IT TO MAKE IT EASIER FOR THEM TO LOOK, BUT ALSO PROVIDED THE DETAILS IN THE OTHER EXHIBITS SHOULD THEY WANT TO GO THROUGH THE DETAILS? YES.

UM, AFTER EXAMINING THE FINANCIAL DOCUMENTARY, AUDIO AND VIDEO EVIDENCE, HAVE YOU FORMED ANY OPINIONS AS TO WHETHER OR NOT MS. CORM STOLE CASH FROM THE WEBSITE? I HAVE FROM THE WORK SITE? EXCUSE ME.

AND WHAT IS THAT OPINION? I BELIEVE

[00:55:01]

THAT SHE STOLE CASH FROM THE, THE REGISTERS.

LET ME PULL UP THE FIRST VIDEOTAPE AND WE'VE GOT FIVE VIDEOS.

THIS WOULD BE THE FIRST ONE CHRONOLOGICALLY SPEAKING AND LET ME PLAY THIS ONE TIME.

OKAY.

I WANTED TO GIVE, I WANTED TO GIVE THE MEMBERS OF THE PANEL THE OPPORTUNITY TO WATCH THIS VIDEO.

ONE TIME INTERRUPTED BEFORE I GO BACK AND STOP YOU AND ASK YOU TO COMMENT ON IT.

UNLIKE US, THEY HAVEN'T WATCHED THIS VIDEO OVER 50 TIMES.

UM, EARLY ON IN THIS VIDEO, IT LOOKS LIKE SHE APPROACHES THIS WINDOW OVER HERE, RIGHT THERE AND SHE WEIGHS 'EM THROUGH THUMBS UP, CORRECT? THAT'S RIGHT.

WEIGHS 'EM THROUGH, THUMBS UP, CORRECT.

OVER AND OVER.

WEIGHS 'EM THROUGH, WEIGHS 'EM THROUGH THUMBS UP.

OKAY.

IS THAT A VIOLATION OF POLICY? YES, THAT IS.

DID YOU SEE WHAT WAS GOING ON OUTSIDE THIS WINDOW THAT'S NOT ON THIS VIDEO? YES.

WHAT WAS THAT? THERE'S ANOTHER CAMERA ANGLE THAT SHOWS A VEHICLE PULLING TO UP TO THE WINDOW, THE DRIVER GETTING OUT, SEEING THE SIGNS MADE BY ALANDRA AND GETTING BACK IN HIS CAR AND PROCEEDING TOWARDS THE LANDFILL.

SO WHEN YOU ALLOW SOMEBODY TO COME IN AND DUMP FOR FREE, INSTEAD OF CHARGING THEM WHAT EVERYBODY ELSE IS CHARGED, IS THAT STEALING MONEY IN YOUR OPINION? YES, IT IS.

AND THAT VIDEO THAT SHOWS THE TRUCK AND THE GENTLEMAN OUTSIDE THE WINDOW, WE NEVER GOT A COPY OF THAT, IS THAT CORRECT? THAT'S CORRECT.

OKAY.

UM, DO YOU RECOGNIZE ALEXANDRIA GOMER IF YOU SAW HER AGAIN? YES.

AND IS THIS HER ON THIS VIDEOTAPE? YES.

ON THE LEFT HAND SIDE.

AND DID THIS OCCUR IN THE CITY OF DALLAS? YES, IT DID.

DID IT OCCUR IN THE STATE OF TEXAS? YES, IT DID.

WAS SHE OPERATING IN THE COURSE AND SCOPE OF HER OFFICIAL EMPLOYMENT WHEN THIS VIDEO WAS TAKEN? YES, SHE WAS.

AND WHAT TIME WAS HER SHIFT OVER ON THIS DAY, DO YOU RECALL? IT WAS CLOSING TIME, SO THAT COULD HAVE BEEN BETWEEN EIGHT AND EIGHT 30.

OKAY.

PM IT, IT, IT LOOKS LIKE TO ME THAT SHE'S GOT HER CASH REGISTER PULLED OUT.

SHE'S PROBABLY WINDING UP HER STUFF AT THE END OF THE DAY WITH THESE OTHER INDIVIDUALS ARE STILL WORKING.

IS THAT ACCURATE? THAT'S ACCURATE.

FOUR 30 TIME FOR THAT DAY.

IT'S 4 22.

WE NEED TO HAVE CLOSING TIME IS FOUR 30.

SO THE CLOSING TIME ON THIS DAY WAS FOUR 30.

OH YES.

I'M SORRY.

THIS WAS ON A SATURDAY.

WHICH, UH, CLOSING TIME IS FOUR 30, NOT 8, 8 30 IS MONDAY THROUGH FRIDAY.

AND SO THIS IS LESS THAN EIGHT MINUTES BEFORE CLOSING TIME? THAT'S CORRECT.

WHAT SHOULD SHE HAVE DONE WHEN THIS TRUCK PULLS UP SEVEN AND A HALF MINUTES BEFORE CLOSING? UH, SHE SHOULD HAVE REENTERED HER TILL DRAWER BACK INTO THE, THE CASH SYSTEM AND UH, PROCESS THE CUSTOMER.

AND SO THIS SERIES OF VIDEOS THAT WERE TAKEN HERE ON APRIL 8TH, THREE DAYS LATER ON APRIL 11TH AND ON JUNE 8TH, WOULD YOU CONSIDER THAT ONE SCHEME AND CONTINUING COURSE OF CONDUCT? I'M SORRY? WOULD YOU CONSIDER THAT ONE SCHEME AND CONTINUING COURSE OF CONDUCT? YES.

YES.

YES.

SO WHAT IF, WHAT

[01:00:01]

IF SOMEBODY IS A CUSTOMER, THEY'RE A DAL.

WHAT IF A DALLAS RESIDENT COMES UP AND SHE RECOGNIZES THEM? SO IT WOULDN'T BE A CHARGE? SO IF YOU'RE A DALLAS RESIDENT, YOU COULD PULL IN THERE AND DUMP STUFF OUTTA YOUR PICKUP TRUCK FOR FREE, RIGHT? YES.

UNDER SPECIFIC CRITERIA.

UH, DALLAS RESIDENT CANNED UP FOR FREE.

SO WHAT IF THIS GUY THAT'S WAS IN THE TRUCK OUTSIDE JUST HAPPENED TO BE A DALLAS RESIDENT AND SHE RECOGNIZES HIM AND WAVES HIM THROUGH, IS THAT PROPER? NO, THAT'S STILL A BREACH OF PROTOCOL.

WHAT WAS MS. GOER'S WORK SCHEDULE ON THIS DAY? APRIL 8TH? ON APRIL 8TH IT WAS FROM OPENING AT 6:00 AM TO CLOSING AT 4:30 PM AND ON, DO YOU RECALL HER WORK SCHEDULES? THREE DAYS LATER ON APRIL 11TH SHE WAS WORK THE AFTERNOON SCHEDULE, WHICH IS 11:45 AM TO CLOSING, WHICH IS USUALLY AROUND 8:30 PM AND THEN THE LAST DAY ON JUNE THE EIGHTH, DO YOU RECALL WHAT HER WORK SCHEDULE WAS? THAT WAS ALSO 11:45 AM TO CLOSING.

AND APRIL 8TH WAS A SATURDAY? YES.

WAS APRIL 11TH OF TUESDAY? YES.

WAS JUNE THE EIGHTH A THURSDAY? YES.

LEMME DIRECT YOUR ATTENTION TO EXHIBITS R AND S AND WHAT IS, THIS IS EXHIBIT R, WHAT IS THIS FOR THE MEMBERS OF THE PANEL? THIS IS A DAILY ACTIVITY REPORT.

IT SHOWS THE CASH HANDLING OF EACH CASHIER THROUGHOUT A SPECIFIC DAY.

OKAY.

SO IF THIS DAY IS APRIL 11TH, WHICH IS ONE OF THE THEFTS IN QUESTION, I NOTICE THERE'S A COLUMN OVER HERE ON THE LEFT SIDE OF THE PAGE.

IS THAT THE CASHIER OPENING TILL? YES.

AND DOES THAT SHOW WHAT'S IN HER REGISTER AT THE BEGINNING OF THE SHIFT? IT DOES.

AND IN THE MIDDLE OF THE PAGE I SEE THIS CASHIER CLOSING TILL, IS THAT CORRECT? THE MIDDLE, UH, IS NAMED CASHIER CLOSING TILL, BUT REALLY WHAT IT IS IS YOU ARE PAYING BACK THE MONEY YOU GET AT THE OPENING OF THE DAY, BUT YOUR, YOUR TILL IS NOT ACTUALLY CLOSED.

IT RECORDS THE MONEY THAT WAS PAID BACK, CORRECT? YES, THAT'S RIGHT.

AND THEN OVER ON THE RIGHT SIDE WE HAVE THE CASHIER TRANSACTION REPORT.

THAT'S CORRECT.

AND DOES THAT DOCUMENT ANY SHORTAGES OR OVERAGES, ANY CHECKS ACCOUNTED FOR CREDIT CARD TOTALS AND NEXT DAY VERIFICATIONS? YES IT DOES.

GOING ON TO PAGE TWO, IS THIS THE WAIT MASTER SUMMARY REPORT? YES IT IS.

AND DOES THIS SHOW ALL THE TRANSACTIONS THAT SHE DID ON THAT DAY? YES.

SO THERE'S 134 TRANSACTIONS OVER $2,300 OF THAT WAS IN CASH, CORRECT? THAT'S RIGHT.

CHECKS WERE ABOUT $285.

AND THE CREDIT CARD TRANSACTIONS SHE HANDLED THAT DAY WAS ALMOST 12,000? THAT'S CORRECT.

FOR A GRAND TOTAL OF 14,000 MM-HMM .

AND WHEN WE GET TO PAGE THREE, WE HAVE THE USER TRANSACTION SUMMARY.

THAT'S RIGHT.

AND WHO RUNS THIS REPORT? THE SENIOR CUSTOMER SERVICE REPRESENTATIVE FOR THE SHIFT.

AND DOES MS. GOMER HAVE ACCESS TO RUN A REPORT LIKE THIS? NO.

WHEN SHE WAS WORKING? NO, SHE DOESN'T.

AND DOES THIS SHOW WHAT WAS ACTUALLY COLLECTED FROM MS GOER'S CUSTOMERS? YES.

SO IF THERE WERE ANY ERRORS WITH RECORDING TRANSACTIONS, IT WOULD BE REFLECTED ON THIS PART OF THIS REPORT, IS THAT CORRECT? THAT'S CORRECT.

AND SO THIS IS EXHIBIT R WHICH HAD TO DO WITH APRIL 11TH, I'M GONNA OPEN UP EXHIBIT S.

AND THIS HAD TO DO WITH THE JUNE JUNE 8TH TRANSACTION, CORRECT? THAT'S RIGHT.

AND SO ALL THE STUFF WE JUST TALKED ABOUT ON R WOULD BE TRUE ABOUT EXHIBIT S ALSO, IS THAT CORRECT? YES, IT WOULD.

SO IF THE MEMBERS OF THE PANEL WANT TO GO THROUGH AND LOOK AT THE DETAILS AND SEE EXACTLY WHAT HAPPENED ON, ON THESE TWO GIVEN POINTS IN TIME, THE RECORDS ARE HERE FOR HERE FOR THEM TO EVALUATE THAT, CORRECT? THAT'S CORRECT.

AND DOES THE INFORMATION CONTAINED IN EXHIBIT R SUPPORT THE INFORMATION CONTAINED IN EXHIBIT D AND E, WHICH WERE THE CASH TRANSACTIONS HIGHLIGHTED IN BLUE? YES.

GETTING CLOSE TO ENDING OUR EXAMINATION WITH YOU, I'M GONNA SHOW YOU WHAT'S BEEN ADMITTED IN EXHIBIT T.

IS THIS A CASHIER DRAWER DIAGRAM? YES.

SO IF THE MEMBERS OF THE PANEL AREN'T FAMILIAR WITH HOW YOUR CASH REGISTERS ARE SET UP AND THEY WANNA WATCH ON VIDEO TO SEE WHERE HER HAND IS REACHING INTO A CASH DRAWER, WOULD IT BE FAIR TO SAY THAT THE HUNDREDS AND FIFTIES ARE ON THE LEFT? YES.

AND THEN YOU GOT TWENTIES, TENS, FIVES AND ONES, IS THAT ACCURATE? THAT'S RIGHT.

AND THEN THE, THE CHANGE THAT YOU'VE ASKED PEOPLE

[01:05:01]

TO DO ROUGHLY FOLLOWS THIS AREA? THAT'S CORRECT.

YEAH.

SO IF YOU SAW ME REACHING INTO THE LEFT SIDE OF ONE OF YOUR CASH DRAWERS, WOULD I BE GOING AFTER A 20 OR A FIVE? NO.

OKAY.

THANK YOU MR. CHAIRMAN, I'M THROUGH ASKING QUESTIONS OF THIS WITNESS.

MAY HE BE RELEASED AND MAY I ASK A COUPLE OF QUESTIONS? IS THAT OKAY MS. MR CROOK? CERTAINLY.

UM, STARTING WITH EXHIBIT G, A BUNCH OF THE, SEVERAL OF THE CASHIER'S OVER SHORT MEMORANDUM INDICATE THAT IT'S CASHIER CARELESSNESS THAT IS INVOLVED IN WHATEVER IS THE CONTENT OF THESE DOCUMENTS.

WHAT DOES THAT MEAN? WHENEVER THERE'S A SIGNIFICANT, UH, AMOUNT THAT IS OVER OR UNDER, WE DO OUR BEST TO TRY TO EXPLAIN IT.

WE GO THROUGH ALL THE CREDIT CARD TRANSACTIONS, ALL THE CASH TRANSACTIONS, ALL THE RECEIPTS.

SOMETIMES, UH, WE FIND THAT A CASHIER MAY HAVE, UH, PRESSED THE WRONG BUTTON ON THE KEYBOARD AND OVERCHARGED SOMEONE OR UNDERCHARGED SOMEONE.

THEY MAY HAVE, UH, PUT A CREDIT CARD ON HOLD AND NEVER TOOK IT OFF OF HOLD, SOMETHING LIKE THAT.

AND THAT'S WHAT WE WOULD CONSIDER A CARELESS ACT.

SO I, I'M JUST TRYING TO CONNECT THE FRAUDULENT ACTIVITY OF THEFT OR ALLEGED THEFT VERSUS CARELESSNESS.

AND SO HOW WOULD YOU REFLECT THAT? I, I'LL JUST, I THINK, UH, THE OVER AND UNDER SHORTAGE REPORTS AS A COLLECTIVE REALLY JUST ESTABLISH A KIND OF CARELESS OR OR SLOPPINESS TO HER APPROACH TO WORK IN GENERAL.

IT DOESN'T NECESSARILY RELATE TO HER AMBITION OF FRAUD.

UM, THE SPECIFIC REPORTS FOR THOSE TWO DAYS ARE SIGNIFICANT BECAUSE IF SHE DID NOT ENTER THE TRANSACTION INTO THE SYSTEM, UH, SHE MAY HAVE MADE A MISTAKE AND FORGOT TO HIT ENTER, BUT THE CASH WOULD STILL BE IN THE DRAWER AND SHE WOULD BE OVER AT LEAST THOSE SEVERAL HUNDRED DOLLARS.

AND IT SHOWS THAT SHE WAS NOT, SO THAT THE CASH WAS NOT IN THE DRAWER THAT SHE RECEIVED.

SO IS THAT REFLECTIVE OF ILLICIT CONDUCT OR IS THAT REFLECTIVE OF, OF CARELESSNESS? I'M TRYING TO CERTAINLY GET WHAT'S THE ON TWO SPECIFIC DATES? IT WOULD BE, IT WOULD REFLECT ILLICIT CONDUCT.

THE GENERAL PICTURE OF OF, OF G AND THE UM, 15 REPORTS REALLY JUST DEMONSTRATES CARELESSNESS AND NOT, DOESN'T REALLY LEND TO THE FRAUD IN QUESTION.

OKAY.

SO THESE ARE NOT PROOF OF ANY ILLICIT CONDUCT.

THESE ARE JUST REPORTS OF CARELESSNESS ON THIS, THESE PARTICULAR DATES.

IS THAT, IS THAT RIGHT? FOR ALL DATES EXCEPT THE APRIL 11TH AND JUNE 8TH, YES.

OH, OKAY.

OKAY.

UM, I HAVE ONE, ONE MORE QUESTION AND THEN THERE MAY BE OTHER QUESTIONS BY MEMBERS OF THE COMMISSION.

WHEN SHE SAYS THUMBS UP TO FOLKS AND LETS THEM GO THROUGH, THAT I'M SURE IS A VIOLATION OF CITY POLICY, IS THAT EVIDENCE OF ILLICIT CONDUCT OF FRAUD ON HER PART WHERE SHE'S PUTTING SOME MONEY IN HER POCKET? IT DOES REMOVE THE POSSIBILITY OF COLLECTING REVENUE THAT IS DUE TO THE CITY.

UH, AND UM, IN THAT SENSE YOU COULD CLASSIFY IT AS THAT MAYBE? YES.

ALRIGHT.

OKAY.

UH, ARE THERE ANY OTHER QUESTIONS BY MEMBERS OF THE PANEL? YOU WANNA GO FIRST? YEAH, SURE.

JUST TO CLARIFY THAT LAST POINT, IF SHE'S WAIVING SOMEBODY THROUGH, SHE MAY NOT BE PUTTING MONEY IN HER OWN POCKET, BUT SHE'S TAKING MONEY OUT OF THE CITY'S POCKET 'CAUSE SHE'S NOT CHARGING PEOPLE THAT SHOULD BE CHARGED.

YES.

OKAY.

JUST WANTED TO MAKE SURE I HAVE A COUPLE OF QUESTIONS.

UM, SO WHAT IS THE PROTOCOL FOR RESIDENTS OF THE CITY OF DALLAS? THEY HAVE TO, UH, PROVE THAT THEY LIVE WITHIN THE CITY LIMITS.

AND THAT'S USUALLY DONE EITHER BY, UH, A DRIVER'S LICENSE OR A WATER BILL.

SO THEY HAVE TO BE STOPPED.

YES.

AND IT'S ALSO WITHIN OUR REGULATIONS FOR PERMITS THAT WE RECORD THE TONNAGE OF THE WASTE AND

[01:10:01]

THE TYPE OF MATERIAL THAT IT IS, WHETHER IT'S HOUSEHOLD WASTE OR SOMETHING ELSE.

AND AGAIN, THEY HAVE TO STOP FOR THAT.

THAT'S RIGHT.

SO IF THEY'RE LEFT THROUGH, THEY DON'T, THEY DON'T DO EITHER OF THOSE THINGS? CORRECT.

OKAY.

UM, NOW YOU MENTIONED THAT IF, IF A, UH, CASHIER IF KNEW THE PERSON OR KNEW HAD SEEN THE PERSON BEFORE, IS, IS THAT AN INFORMAL PRACTICE OF CASHIERS TO JUST LET 'EM GO THROUGH IT IS NOT REGULATION, DO OTHER CASH? THEY, THEY SHOULDN'T DO THAT.

OKAY.

DO, DO OTHER CASHIERS DO THAT? UH, IF THEY DO, IT'S NOT TO MY KNOWLEDGE BECAUSE I WOULD CORRECT THAT ACTION.

OKAY.

HAVE YOU BEEN ABLE TO ASSESS WHAT THE TOTAL LOSS IS? MY GUESS BASED ON THESE TWO INSTANCES IS $500.

500? YES.

UM, AND I, I'M TRYING TO, UH, PUT TOGETHER EXHIBITS, UH, RNS TRYING TO FIGURE 'EM OUT.

AND, UH, YOU, YOU MIGHT HAVE TESTIFIED ABOUT THIS ALREADY, I, I APOLOGIZE IF I'VE TREADED UPON OLD AREAS, BUT WHAT'S, WHAT DOES, UH, AND I'LL USE R AS AN EXAMPLE.

SURE.

IF YOU WANT TO LOOK AT IT.

WHAT DOES, UH, PAGE TWO AND PAGE THREE TELL US, UH, DOES, DOES IT INDICATE AN AMOUNT OF LOSS OR ANYTHING LIKE THAT? OR, UH, PAGE TWO WHERE IT SAYS WAY MASTER SUMMARY, THAT IS, UH, A, A TOTAL OF ALL THE CASH TRANSACTIONS FOR THE DAY THAT HAS BEEN RECORDED IN OUR SYSTEM, IN OUR WASTE WORKS SOFTWARE FOR THE RESPONDENT? I'M SORRY, FOR, FOR HER? YES.

YES.

FOR HER FOR THAT DAY.

AND THEN, UH, THE NEXT PAGE SHOWS THE CREDIT CARD TRANSACTION SPECIFICALLY, EXCUSE ME, FOR THAT DAY.

OKAY.

UH, I KNOW THAT THE, UH, COMPLAINT FOCUSED ON THREE DAYS.

UH, HAVE YOU, UH, INVESTIGATED ANY OTHER DAYS? WHEN I FIRST LEARNED, UM, THE FIRST VIDEO THAT I, UH, SAW, WHAT I SAW WAS THE JUNE 8TH VIDEO.

FROM THERE I WENT BACK AS FAR AS OUR UH, CAMERA SYSTEM ALLOWS US, THEY ONLY SAVED VIDEOS FOR SIX MONTHS.

SO I WENT BACK TO SOME JANUARY OR FEBRUARY AROUND THERE AND I WATCHED AS MUCH AS I COULD.

I DIDN'T WATCH IT MINUTE BY MINUTE IN REAL TIME, BUT, UH, THESE WERE THE ONLY TWO IN THAT TIMEFRAME THAT I COULD SEE.

OKAY.

THANK YOU.

ANY OTHER QUESTIONS? UH, UH, FROM, FOR MR. CROOKS? HEARING NONE UNLESS YOU HAVE ANYTHING ELSE, MR. MAYBE HE, MAY HE BE RELEASED AT THIS TIME? YES.

MR. CHAIRMAN, MEMBERS OF THE PANEL AT THIS TIME, WE'D LIKE TO CALL OUR SECOND WITNESS.

MS. ELLI MANNO.

YOU GO.

MS. HANNO, WOULD YOU INTRODUCE YOURSELF TO THE MEMBERS OF THE EAC PANEL AND SPELL YOUR LAST NAME FOR THE RECORD, PLEASE? HELLO.

GOOD.

A MORNING RIGHT STILL? MORNING, I'M MAR MANNO.

UH, LAST NAME SPELLED M-A-N-D-U-J-A-N-O.

AND WHERE DO YOU WORK? MS. MANDA HANO UH, SANITATION DEPARTMENT.

SKILL HOUSE.

AND WHAT'S YOUR POSITION? SUPERVISOR AT THE SKILL HOUSE.

HOW MANY YEARS HAVE YOU BEEN A SUPERVISOR WITH SANITATION? UH, ALMOST TWO YEARS.

AND HOW LONG HAVE YOU BEEN WITH THE CITY? 17 YEARS.

LET ME TAKE US BACK IN TIME AND WANT TO ASK YOU SOME QUESTIONS.

HOW DID THIS WHOLE THING COME TO YOUR ATTENTION? I WAS, UH, NOTIFIED BY MY SENIOR THAT WHAT CUSTOMER CAME BACK, REQUESTED A TICKET.

SHE COULDN'T FIND IT.

SO THE NEXT DAY I HAD TO GO AHEAD AND CHECK THE CAMERAS 'CAUSE THE CUSTOMER WANTED HIS TICKET THAT WASN'T PROVIDED FOR HIM.

AND SO WHEN THAT CUSTOMER CAME BACK, WAS THAT LESS THAN AN HOUR AFTER THE TRANSACTION OCCURRED? YES, IT WAS LIKE 30, 45 MINUTES AFTER HE FINISHED UNLOADING

[01:15:01]

HIS TRUCK.

AND DID YOU HAVE TO CREATE A RECEIPT AFTER THE FACT? YES, I DID.

LEMME DIRECT YOUR ATTENTION TO WHAT'S BEEN ADMITTED INTO EVIDENCE AS EXHIBIT A.

I NOTICE HERE IT SHOWS THE TRANSACTION ON JUNE THE EIGHTH, BUT THE LINE BELOW IT IS ALMOST A MONTH LATER.

CAN YOU HELP US UNDERSTAND THAT? SINCE THE CUSTOMER WANTED A RECEIPT AND I COULDN'T PROVIDE ONE FOR HIM, I KNOW HE NEEDED ONE FOR HIS RECORDS AND HIS PERSONAL USE.

SO I HAD TO GO AHEAD AND CREATE A TICKET FOR HIM IN ORDER FOR HIM TO HAVE FOR HIMSELF.

AND SO THAT WAS ABOUT A MONTH LATER WHEN YOU GENERATED THIS RECEIPT IN ORDER TO PROVIDE HIM WHAT HE WAS ENTITLED TO? CORRECT.

WHEN HE FIRST ASKED YOU FOR A RECEIPT, DID YOU FIND ONE IN THE WASTE WORK SYSTEM? NO, I DID NOT.

SHOULD THERE HAVE BEEN A RECEIPT IN THE SYSTEM AT THE TIME? HE CAME BY ALMOST AN HOUR LATER.

IT SHOULD HAPPEN.

YES.

WHEN YOU COULDN'T FIND A RECEIPT IN THE SYSTEM, WHAT DID YOU DO NEXT? I TRIED TO LOOK AT THE CAMERA AND SEE WHAT HAD HAPPENED IN ORDER FOR ME TO PROVIDE A RECEIPT FOR HIM.

SO THERE'S SURVEILLANCE CAMERAS IN THE CEILING COVERING THIS WORKSPACE AREA? YES, THERE IS.

AND IS THIS ADDRESS, UH, THE MACOMBS LANDFILL AT 5,100 YOUNGBLOOD DRIVE IN DALLAS? THAT IS CORRECT.

IS THAT IN THE CITY OF DALLAS? YES IT IS.

IS THAT THE STATE OF TEXAS? IT IS, YES.

WHEN YOU REVIEWED THE VIDEOS FROM JUNE 8TH, THE FIRST INCIDENT, WHAT DID YOU SEE? I DID NOT SEE A TICKET CREATED AND I DIDN'T SEE MS. GOMER CREATE THE TICKET.

LET'S GO TO THE TRANSACTION THAT STARTED THIS WHOLE THING.

SO THIS IS NOT GONNA BE CHRONOLOGICAL ORDER, BUT .

SO IF WE'RE GONNA LOOK AT N FIRST, IS THIS THE TRANSACTION AND THEN WE'LL SEE THE ACTUAL THEFT ON A SEPARATE VIDEO.

IS THAT CORRECT? YES, THAT IS CORRECT.

LET ME LET THIS RUN SO THE MEMBERS OF THE PANEL CAN SEE THIS AND THEN WE'LL BACK IT UP AND ASK YOU A FEW QUESTIONS AND IF THEY WANNA SEE THIS THING SEVERAL TIMES, WE'LL DO IT AGAIN.

OKAY? OKAY.

2 0 8 WITH 35.

I WAS TRYING, LET'S GO BACK AND I'M, LET'S GO BACK AND LET ME ASK YOU

[01:20:01]

A FEW QUESTIONS ABOUT THIS VIDEO.

WHEN I SEE THIS VIDEO BEGAN TO PLAY, IT APPEARS THAT THE CASH REGISTER'S ALREADY OPEN.

IS THAT TRUE? THAT IS CORRECT, YES.

UH, IS THAT A VIOLATION OF PROPER PROCEDURE? IT IS.

AND JUST SO THE MEMBERS OF THE PANEL THAT HAVEN'T SEEN THIS VIDEO AS MUCH AS WE HAVE, I SEE THESE TWO BLACK BOXES TO THE RIGHT OF THE, OF HER COMPUTER DISPLAY.

ARE THESE RECEIPT MACHINES? THEY ARE.

AND THE ONE ON THE LEFT, WHAT, WHAT KIND OF RECEIPTS COME OFF THIS MACHINE? OUR WASTE WORKS TICKET.

WHEN TICKET IS CREATED, THAT'S WHERE IT PRINTS OUT.

AND SO THIS IS THE RECEIPT WHEN YOU PAY FOR SOMETHING? YES.

AND DOES IT COME PRINTING OFF THIS LITTLE SLOT RIGHT HERE? YES, IT DOES.

AND IT'S A WHITE PIECE OF PAPER THAT COMES OUT THE TOP? CORRECT.

AND WOULD THIS BE FOR CASH TRANSACTIONS? IT IS.

AND WHAT ABOUT THE BLOCK? BLACK BOX NEXT TO IT IS FOR OUR CREDIT CARDS.

OKAY.

SO IF I COME IN AND PAY WITH CASH, THIS THING'S GONNA SPIT OUT A RECEIPT ASSUMING SOMEBODY HITS ENTER? YES.

AND IF I COME IN WITH A DEBIT OR CREDIT CARD, THE RECEIPT WOULD COME FROM HERE? BOTH.

OKAY.

AND SO WHEN YOU WATCHED THIS VIDEO, DID YOU WATCH THESE TWO RECEIPT MACHINES LIKE A HAWK? YES, I DID.

DID YOU SEE ANY WHITE PIECES OF PAPER COMING OFF OF NO, I DO NOT.

SHOULD WHITE PIECES OF PAPER COME OFF OF IF SHE HAD SUBMITTED THE TRANSACTION? YES, IT WOULD.

UH, DID YOU NOTICE HER IN OPENING UP A WASTE WORKS WINDOW, TYPING THE INFORMATION IN, FAILING TO HIT THE ENTER BUTTON, OPENING UP A SECOND WINDOW AND COVERING UP WITH THE FIRST, COVERING UP THE FIRST WINDOW WITH THE SECOND? NOT AT THAT MOMENT, NO.

OKAY.

AND IF YOU'RE FOLLOWING PROPER PROCEDURE, WHEN YOU HIT ENTER, WHAT'S GONNA HAPPEN TO THE CASH DRAWER? IT'S GONNA POP OPEN, IT'S GONNA OPEN AUTOMATICALLY WHEN YOU PRINT OUT.

AND YOU DIDN'T SEE IT OPEN AUTOMATICALLY, CORRECT? NO, I DO NOT.

BECAUSE IT WAS ALREADY OPEN, IS THAT CORRECT? THAT IS CORRECT.

AND DID SHE TELL THE CUSTOMER IN THIS INSTANCE THE PROPER CHARGE BEFORE THE TRANSACTION? SHE DID.

IN YOUR OPINION, DID SHE ENTER THE TRANSACTION INTO THE SYSTEM THE WAY THAT SHE'S TRAINED TO NO, SHE DID NOT.

AND DID SHE PLACE THE CASH INTO THE CASH DRAWER? SHE DID.

MR. CHAIRMAN, I'D BE HAPPY TO PLAY THIS VIDEO AGAIN, IF ANY OF THE PEN MEMBERS OF THE PANEL WOULD LIKE ME TO DO IT AND SLOW IT DOWN OR WOULD ANYONE LIKE TO SEE THE VIDEO AGAIN OR HAVE ANY ADDITIONAL INFORMATION FROM.

OKAY.

WE'LL MOVE ON THE NEXT ONE.

THANK YOU.

25 MINUTES LATER NOW, 25 MINUTES LATER.

LET ME, AND LET ME STOP THIS BEFORE WE GET STARTED.

WHAT ARE THE ME WHAT ARE THE MEMBERS OF THE PANEL ABOUT TO SEE ON THIS VIDEOTAPE? HOW SHE, UH, TRIES TO, I GUESS, PUT UP HER MONEY AND HOW SHE GETS THE MONEY PUTS IT IN HER POCKET.

AND SHE HAD A FIST FULL OF A HUNDRED DOLLARS BILLS, IS THAT CORRECT? THAT'S CORRECT.

AND DOES SHE WALK OVER HERE AND PRETEND TO DO SOMETHING? YES.

WHAT IS THAT? SHE'S JUST TRYING TO, I GUESS, GET A, EVERYBODY'S ATTENTION MM-HMM.

OR NOT TO SEE HER.

AND ON BOTH OF THESE VIDEOS, UM, DID YOU FEEL THAT SHE HAD A FIST FULL OF A HUNDRED DOLLARS BILLS AND THAT SHE WOULD FOLD A NUMBER OF 'EM AND HOLD IT LIKE THIS? YES.

AND THEN WHEN SHE WALKED AROUND WITH THE BILLS THAT WERE VISIBLE, THEN THE ONES THAT HAVE BEEN FOLDED GO INTO THE BACK POCKET? IS THAT WHAT YOU BELIEVE YOU SAW? YES, I DO.

ALRIGHT.

DID YOU SEE THAT? YES, I DID.

SO WHEN SHE PALMS THE MONEY, IT'S RIGHT HERE IN FRONT OF THE DISPLAY IN THE COMPUTER? YES.

TAKE OBJECT.

FAVORABLE.

[01:25:03]

BACK IT UP AGAIN.

SO SHE POEMS THE MONEY, FOLDS IT IN HALF OF THE LEFT HAND AND PUTS IT ON THE BOTTOM OF THE STACK.

DID YOU SEE THAT? YES.

YES.

YEAH, RIGHT THERE.

THE BOTTOM LINE IS, WHAT DID SHE DO THERE AT THE COMPUTER? SHE OPENED THE FIRST SCREEN THAT SHE DEALT WITH MR. MARGARITO AND DOUBLE CHECK HOW MUCH WAS THIS AMOUNT.

SO THAT WINDOW THAT SHE OPENED UP AND TYPED INFORMATION TO, SHE'S NOW GOING BACK TO SEE HOW MUCH CAN I PULL OUT OF THE CASH REGISTER BASED ON WHAT I KNOW, I DID NOT ENTER FROM EARLIER IN THE DAY.

CORRECT? CORRECT.

AND IS SHE ABOUT TO PUT THE MONEY IN HER BACK LEFT POCKET? Y