Sunteți pe pagina 1din 6

CONFIDENTIAL

TO: Dr. Torres-Rodriguez, Superintendent

FROM: Leander Dolphin


Shipman & Goodwin LLP

DATE: April 22, 2019

RE: Investigation Summary

You requested that I investigate a complaint filed by an employee1 against Dr. José Colon-Rivas,
Chief Operations Officer, which was initially received by Dr. Alberto Vázquez Matos. I met with the
employee on January 31, 2019 to review the allegations. Specifically, the employee made the following
allegations:

1. In January 2018, Dr. Colon-Rivas asked the employee to submit his receipt for a purchase of
Dunkin Donuts ($30.17) for reimbursement with the employee’s own request for reimbursement.
Although the employee was uncomfortable with Dr. Colon-Rivas’ request, the employee
submitted the request for reimbursement. When the employee received the reimbursement, the
employee provided Dr. Colon-Rivas with cash for the amount of his receipt.
2. In October 2018, Dr. Colon-Rivas submitted a request for three (3) days of vacation time. After
receiving approval by Dr. Vázquez Matos of this request, Dr. Colon-Rivas directed the employee
to enter the time off as sick time. Although the employee was uncomfortable with Dr. Colon-
Rivas’ direction, the employee entered the time off as directed. The employee also alleges that in
January 2019, Dr. Colon-Rivas requested vacation time, and after it was approved, he again
directed the employee to enter the time off as sick time. The employee indicated that after a
notice was issued reminding employees that changing time after approval was prohibited, Dr.
Colon-Rivas asked the employee if the employee had reported his request, and directed the
employee to hold off on entering the time off.
3. Dr. Colon-Rivas has engaged in conduct meant to intimidate the employee, by telling the
employee that Dr. Torres-Rodriguez and Dr. Vázquez Matos were angry with the employee for
mistakes the employee made. The employee apologized to Dr. Vázquez Matos, who indicated
that he had not been upset with the employee. Similarly, the employee apologized to Dr. Torres-

1
The employee’s name and identity has been removed from this report to protect the employee, who is concerned
about retaliation for filing the complaint.

PAGE 1
Rodriguez, who responded that she was not upset with the employee and was not aware of the
alleged mistake (relating to a scheduling error).
4. On or about May 30, 2018, Dr. Colon-Rivas directed the employee to purchase a projector from
Office Depot. On June 25, 2018, the employee contacted Office Depot to inquire about the status
of the projector, and was informed that the projector had been delivered on June 4, 2018. On the
following day, the projector was found in Dr. Colon-Rivas’ office. Since that time, the employee
has been unclear as to the whereabouts of the projector.
5. On or about May 14, 2018, Dr. Colon-Rivas ordered technology and equipment from Apple
totaling $7,578.00. The items ordered were: 2 MacBook Pros (totaling $5,016.00); 1 iMac
($1,368.00); 2 AirPods ($318.00); and 2 iPad Minis (totaling $876.00). Dr. Colon-Rivas did not
deliver the equipment to those he had indicated they had been purchased for (i.e., Central
Registration at Hartford High, Security). The employee has been unclear as to the whereabouts
of this technology/equipment.
6. The employee is afraid that the employee will be retaliated against for filing the complaint.

INDIVIDUALS INTERVIEWED:
Complainant
Dr. José Colon-Rivas, Respondent
Dr. Leslie Torres-Rodriguez, Superintendent of Schools
Dr. Alberto Vázquez Matos, Deputy Superintendent of Schools
Maureen Coleman, Executive Director, Financial Management
Albert Abaaho, Senior Accountant, Fixed Asset Administrator
Marcos Rivera, Print Shop
Anthony Cruz, Print Shop

DOCUMENTS REVIEWED

• Complaint document and related artifacts


• Purchase orders; correspondence regarding same
• Hartford Board of Education Operating Procedure: Employee Reimbursements
• Hartford Board of Education Policy No. 4118.6 (Acceptable Computer Network Use)
• Hartford Public Schools Business and Non-Instructional Operations (Policy No. 3440, 3445)
• Chief Operations Officer Job Description (7/2017)

FINDINGS OF FACT:

1. Dr. Colon-Rivas admits that in or about January 2018, he asked the employee to submit his
receipt for a purchase of Dunkin Donuts ($30.17) for reimbursement with the employee’ own
request for reimbursement. He admitted that the employee provided him with cash ($30.17) after
receiving the reimbursement.
2. Although it made the employee uncomfortable, the employee felt compelled to submit Dr. Colon-
Rivas’ reimbursement as their own since the employee’s boss - Dr. Colon-Rivas - had asked the
employee to do so.
3. Dr. Colon-Rivas admits that he submitted a request for three (3) days of vacation time in October
2018, which was approved by Dr. Vázquez Matos. Dr. Colon-Rivas directed the employee to
enter the time off as sick time.

PAGE 2
4. Although uncomfortable with Dr. Colon-Rivas’ directive, the employee entered the time off as
directed.
5. The investigator finds credible the employee’s report that in January 2019, Dr. Colon-Rivas
requested vacation time (to be taken in April 2019), and after the request was approved, he again
directed the employee to enter the time off as sick time. In addition, the investigator finds that
after Dr. Vázquez Matos issued a reminder notice to administration employees about the need to
secure approval if making changes to time off requests after an initial approval, Dr. Colon-Rivas
confronted the employee and asked whether the employee had reported him.
6. The investigator finds that Dr. Colon-Rivas did tell the employee that Dr. Torres-Rodriguez and
Dr. Vázquez Matos were angry with the employee for mistakes the employee, although both Dr.
Torres-Rodriguez and Dr. Vázquez Matos deny being upset or angry with the employee about
any alleged mistake.
7. On or about May 30, 2018, Dr. Colon-Rivas directed the employee to purchase a projector from
Office Depot, which the employee did. On June 25, 2018, when the employee contacted Office
Depot to inquire about the status of the projector’s delivery, the employee was informed
that the projector had been delivered on June 4, 2018. On June 26, 2018, the projector was found
in Dr. Colon-Rivas’ office. The projector was never tagged, imaged or otherwise put in use in
the District, and was located in Dr. Colon-Rivas’ office (unopened) on February 20, 2019. It
remains unclear why the projector remained in Dr. Colon-Rivas’ office for eight (8) months.
8. On May 15, 2018, Dr. Colon-Rivas ordered technology and equipment from Apple totaling
$7,578.00. The items ordered were: 2 MacBook Pros2 (totaling $5,016.00); 1 iMac3 ($1,368.00);
2 AirPods4 ($318.00); and 2 iPad Minis5 (totaling $876.00).
9. Dr. Colon-Rivas did not deliver the technology/equipment to those he had indicated they were
purchased for (i.e., Central Registration at Hartford High, Transportation, and/or Security).
10. All of the items purchased from Apple on May 15, 2018 were eventually located throughout the
course of the investigation. However, many of the items were in Dr. Colon-Rivas’ personal
possession (outside the Hartford Public Schools) and/or in the hands/homes of third parties.
11. On February 20, 2019, after first meeting with the investigator and James Canon (Executive
Director of Internal Investigations & Security), Dr. Colon-Rivas accompanied Mr. Canon to Dr.
Colon-Rivas’ office, where Dr. Colon-Rivas had informed the investigator that the items
purchased on May 15, 2018 were located. In his office, Dr. Colon-Rivas produced the following:
▪ the Epson projector ordered from Office Depot (unopened);
▪ one (1) set of AirPods (unopened);
▪ one (1) iPad mini (unopened);
▪ one (1) MacBook Air6 (unopened).
Dr. Colon-Rivas also pointed to a laptop on his desk (MacBook Air), and the iMac desktop as
additional equipment.

2
Serial Nos. C02WM2BMHTD7 and C02WN0DMHTD7.
3
Serial No. C02WG2CUJ1G5.
4
Serial Nos. GFDWPG2MH8TT and GFHWN6HPH8TT.
5
Serial Nos. F9GVL4QNGHKJ and F9GVL6GYGHKJ.
6
Serial No. C02SG4NZGFWM (delivered by Apple on 12/2/16).

PAGE 3
12. A review of the equipment identified by Dr. Colon-Rivas on February 20, 2019 made clear that
certain items ordered on May 15, 2018 remained missing:
▪ two (2) MacBook Pros;
▪ one (1) iMac desktop;
▪ one (1) iPad mini; and
▪ one (1) set of AirPods
These missing items were all in Dr. Colon-Rivas’ personal possession (i.e., outside of the
Hartford Public Schools), and had been for several months.
13. Later on February 20, 2019, during a follow-up call from the investigator, Dr. Colon-Rivas
indicated that he had additional equipment with him, and admitted that one iPad mini and one
set of AirPods were at the home of his partner. Dr. Colon-Rivas agreed to bring the equipment to
the Board’s offices on February 21.
14. On February 21, 2019, during an in-person meeting with the investigator and Mr. Canon, Dr.
Colon-Rivas produced:
▪ one (1) iPad mini7 (opened);
▪ one (1) AirPods (opened);
▪ two (2) MacBook Pros8 (opened);
▪ one (1) HP Printer (unopened);
▪ one (1) iMac Desktop 21.5 inches (unopened); and
▪ one (1) iMac Desktop 27 inches9 (unopened).
15. The iPad mini Dr. Colon-Rivas provided to February 21, 2019 was not the missing iPad mini.
The iPad mini he submitted was purchased from Best Buy on November 12, 2018; however, it
had an undated handwritten note taped to the back: “Hi Ash, Please set this one under
registration and give it to Davis-Googe. Thanks! Jose.” Upon learning that the serial numbers
did not match, Dr. Colon-Rivas suggested that he had mixed up the missing iPad mini with a
personal one that he had purchased, and “mistakenly” given the District’s iPad mini as a gift.
16. Dr. Colon-Rivas was using the District’s iPad mini for personal use or had gifted it to a third
party.
17. The AirPods returned by Dr. Colon-Rivas on February 21, 2019 was the missing set of AirPods.
Dr. Colon-Rivas was using the AirPods for personal use.
18. Dr. Colon-Rivas submitted one of the MacBook Pros on February 21, 2019 with the intent to
substitute it for one of the missing MacBook Pros (ordered on May 15, 2018). When notified that
the serial numbers did not match, Dr. Colon-Rivas indicated that at some point, he realized that
one of the MacBook Pros was misplaced or stolen. Rather than notify the District of the missing
or stolen equipment, as required by Board policy, Dr. Colon-Rivas indicated that he used his own
MacBook Pro as a substitute laptop.
19. Both MacBook Pros provided by Dr. Colon-Rivas were purchased by the City of Hartford in
2014, not the Board of Education. Dr. Colon-Rivas’ explanation as to why he maintained two
City of Hartford laptops nearly five years after he left employment with the City, Dr. Colon-

7
Serial No. F9FXP569GHKJ.
8
Serial Nos. COMMQW9FH00 and C02MMQ21FH00 (purchased by City of Hartford in 2014).
9
Serial No. C02V2192J1GN (purchased on July 17, 2017).

PAGE 4
Rivas’ explanation - that the Board of Education did not have equipment for him when he arrived
so he kept the City laptops - is not credible.
20. Dr. Colon-Rivas also indicated that his car had been burglarized, and it was possible that some of
the missing equipment had been taken. However, Dr. Colon-Rivas later10 produced a police
report reflecting that his car had been broken into in 2016; this police report did not relate to the
relevant time period. In addition, Dr. Colon-Rivas admitted that he did not report any
District-owned equipment as stolen, nor did he inform the District of any missing, misplaced or
stolen equipment, as was required by Board policy.
21. The equipment provided by Dr. Colon-Rivas on February 21, 2019 included equipment the
District was not aware had been out of the District (e.g., HP Printer and iMac Desktop 27 inches).
22. The investigator finds that at some point during Fall 2018, Dr. Colon-Rivas requested and
received assistance from the Print Shop to carry several unspecified technology items to his
personal car.
23. All of the technology/equipment provided by Dr. Colon-Rivas on February 21, 2019 had been out
of District control since at least Fall 2018.
24. A search of Dr. Colon-Rivas’ office on February 21, 2019 by Mr. Canon and Alex Rios (former
Executive Director of Internal Investigations & Security) produced two (2) MacBook Pros
(unopened). These items were purchased from Apple on May 15, 2018. Both laptops were found
under Dr. Colon-Rivas’ desk; one was found in a recyclable shopping bag with the label of the
laptop covered with blank white paper, and one was found in a box of what appeared to be Dr.
Colon-Rivas’ personal effects.
25. Dr. Colon-Rivas identified the recyclable shopping bag as his own, admitted that he “may” have
put one of the MacBook Pros in the bag, and indicated that he frequently covered up labels with a
blank sheet of paper. Therefore, the investigator finds that Dr. Colon-Rivas placed one laptop in
a recycling shopping bag, covered the label so others could not identify what was in the bag, and
placed the bag under his desk.
26. On March 11, 2019, Dr. Colon-Rivas produced the following additional items:
▪ one (1) iPad mini (opened);
▪ one (1) MacBook Pro11 (opened); and
▪ one (1) MacBook Air12 (opened).
27. Dr. Colon-Rivas had the following in his personal possession (i.e., out of Hartford Public
Schools): one (1) set of AirPods; two (2) MacBook Pros purchased by the City of Hartford in
2014; one (1) HP Printer; one (1) iMac Desktop 21.5 inches purchased in 2018; one (1) iMac
Desktop 27 inches purchased in 2017; one (1) iPad mini purchased in 2018; one (1) MacBook
Pro purchased in 2017; and one (1) MacBook Air purchased in 2016.
28. Dr. Colon-Rivas’ explanations as to why he had so much District-owned equipment in his
personal possession are not credible. During our first meeting, Dr. Colon-Rivas first indicated
that all of the equipment was in his office. When it became apparent that was not the case, Dr.
Colon-Rivas indicated that he had certain equipment with him - either in his car or at his home.

10
On March 11, 2019, Dr. Colon-Rivas produced a police report of a car burglary from 2016.
11
Serial No. C02V15FNHV2D (purchased on 7/13/2017).
12
Serial No. C02S906MGFWL (purchased on 8/26/16 by credit card).

PAGE 5
At our second meeting, he subsequently indicated that he might have inadvertently gifted one of
the iPad minis instead of a personal one he purchased. He also claimed that one of the
MacBook Pros had gone missing (either “stolen or misplaced”) at some point in 2018, and he
substituted one of his personal MacBook Pros for that item without informing the District. Dr.
Colon-Rivas also claimed that his car was broken into on two separate occasions.
29. Two of the items produced by Dr. Colon-Rivas as his “current” or “personal” laptops were
purchased by the City of Hartford in 2014.
30. None of the equipment produced by Dr. Colon-Rivas was tagged or imaged by MHIS, despite
being purchased at least by May 14, 2018.13
31. When Albert Abaaho was conducting a routine inventory audit of technology devices in Central
Office, he sent a message to Dr. Colon-Rivas, seeking to locate the items purchased on May 14,
2018. Dr. Colon-Rivas directed the employee to respond on February 7, 2019 that: 1 laptop was
with Dr. Colon-Rivas; 1 laptop is with Bill Mason; 1 laptop is with Sherri Davis-Googe; 1 set of
earplugs (AirPods) was in his office; and 1 iPad Mini was in his office.
32. The investigator finds that neither Mr. Mason nor Ms. Davis-Googe ever received an Apple
laptop.
33. The investigator also finds that as of February 7, 2019, Dr. Colon-Rivas knew that the equipment
had not been imaged or tagged, and knew that the laptops were not with Mr. Mason or Ms. Davis-
Googe. Dr. Colon-Rivas did not inform Mr. Abaaho that he had several items in his personal
possession (i.e., outside of the Hartford Public Schools) at that time.
34. Dr. Colon-Rivas maintained two security/ID badges, one of which he gave to an outside
consultant (Joe Trawick-Smith, Educational Resource Center) to provide access to the 9th floor.
35. When Dr. Colon-Rivas met with the investigator on March 28, 2019 to review the findings, Dr.
Colon-Rivas responded that he had no “malintent” in undertaking the conduct at issue. However,
Dr. Colon-Rivas frames his conduct as “pretty negligent.”

PROPOSED CONCLUSIONS:

1. Dr. Colon-Rivas inappropriately directed a subordinate employee to submit his reimbursement


request as the employee’s own.
2. Dr. Colon-Rivas inappropriately directed his subordinate to change his approved vacation
requests to sick time.
3. Dr. Colon-Rivas failed to exercise good judgment and failed to follow District protocols for the
management of District technology and security, and failed to ensure operational effectiveness
and resource accountability when he removed several pieces of District-owned technology from
the District for several months.
4. Dr. Colon violated the Board’s Acceptable Computer Network Use policy when he failed to use
the District’s technological resources primarily for purposes related to his employment.

13
Some of the equipment was purchased in 2016 and 2017.

PAGE 6

S-ar putea să vă placă și