Police: Suspect in fraud case claimed 200 overtime hours monthly

According to new information released by the police department, Porterville Developmental Center (PDC) Lieutenant Scott Anthony Gardner was paid by California taxpayers for working while taking personal trips to such vacation hot spots as Las Vegas.

State records show that he was paid $121,511 worth of overtime in 2008, in addition to his annual salary of $58,939. He was paid more money than the 19 other employees statewide with his same civil services classification, Special Investigator I. Gardner also was paid more money than his immediate supervisor, Commander Jeff Bradley, whose earnings were $84,417 (with no overtime) in 2008. Police suspect that Bradley played an important role in allowing the alleged fraud to occur. 

“During these difficult times when programs are facing significant budget cuts this is reprehensible, and if found guilty, we will take every action possible to recoup the money,” Terri Delgadillo, director of the Depart of Developmental Services, said.

Gardner and Bradley were arrested at their homes Tuesday morning by Porterville police detectives who said they spent 18 months investigating the embezzlement of approximately $121,000 in overtime pay. It was an investigation sparked by whistle-blowing employees, according to Sgt. Jake Castellow.

By Wednesday morning, the men had posted bail — to the tune of $60,000 each. It is likely that they will be arraigned within the next few weeks.

The results of the police investigation were handed over Feb. 1 to a specially convened criminal Grand Jury, which found on Monday that Bradley was complicit in Gardner submitting fraudulent overtime slips and being paid for time that he did not work. The Grand Jury subsequently issued felony indictments against 36-year-old Bradley, of Porterville, and 37-year-old Gardner, of Camp Nelson.

“Because the state hospital is within the city limits of Porterville, it’s our jurisdiction [to do the investigation],” Castellow said. “I believe, at one point, during the inception of the investigation, the Attorney General’s office was contacted and gave the police department permission to go ahead with the criminal investigation.”

According to a press release issued by the PPD on Wednesday, Gardner consistently claimed from 200 to 250 overtime hours for each month in 2008. Additionally, there were multiple times when Gardner went out of town on personal business during days he was scheduled to work, but was still compensated, police said.

Efforts to reach the attorneys believed to be representing Gardner and Bradley were unsuccessful as of press time.

In the state employee salary data base compiled by the Sacramento Bee, which is available online, the next highest paid Special Investigator I for the state’s Developmental Services and Mental Health departments in 2008, was Johnny L. Canto. He was paid $65,344 in overtime pay, in addition to a salary of $55,344.

The PPD reports that Bradley knew of and personally approved the fraudulent claims, and personally submitted the fraudulent overtime claims to the PDC’s Finance office, bypassing the normal overtime approval processes.
Bradley is also believed to be aware that Gardner was actually out of town during times he was regularly scheduled, and being paid, to be at work.

“Detectives learned that Lieutenant Gardner had claimed and been compensated for working overtime hours during numerous times that he was out of town, including multiple trips to Las Vegas and to various [places in] California, including the central coast,” the police press release states.

Located off Highway 190 just two miles east of Plano Street, the PDC is licensed by the California Department of Public Health to provide skilled nursing services, and intermediate care services to people with mental retardation, or severe chronic medical or behavioral problems. It is run under the umbrella of the California Department of Developmental Services, and is the city’s largest employer.

“But it’s important to remember that there are thousands of people serving people with developmental disabilities who are dedicated employees and serving with integrity," Patricia Flannery, deputy director of the state’s five developmental centers, said.

According to Flannery, the police investigation resulted in a new policy for overtime hours that was implemented a the developmental centers about one year ago. She declined to go into specifics about the new policy, but said that all public safety employees were required to be trained on the new protocol.

Gardner and Bradley are on the payroll of the Office of Protective Services (OPS) — a DDS branch  — which was recently established with law enforcement jurisdiction over the developmental centers and crimes against DDS clients. As a commander, Bradley served in a position equivalent to the chief of police, and oversaw 54 police officers that protected 586 PDC clients and approximately 1,800 employees.

“It’s my understanding, that before the inception of this investigation, Bradley had been promoted to chief of OPS,” Castellow said, adding that Bradley was removed from that position, sent back to PDC and eventually placed on administrative leave.

Bradley now faces three felony counts of embezzlement of public funds and grand theft, while Gardner faces five felony counts of embezzlement of public funds and grand theft.

Because Gardner and Bradley have each posted bail, it will be up to the Tulare County Sheriff’s Department, which operates the county’s jail system, to determine when the arraignment date will be scheduled, according to Assistant District Attorney Shani Jenkins.

“Usually, it could be a few weeks,” she said.

A source close to the case, but who did not want to be identified, said the arraignment is scheduled for March 3.
 
Contact Jenna Chandler at 784-5000, Ext. 1050, or jchandler@portervillerecorder.com.