Fresno city manager says common sense should have guided ex-parking chief.
03/05/08 23:20:28
Madewell, 51, is on trial facing four felony counts of misappropriation. He is accused of using city funds to pay a temporary employee $300 to show her breasts, brokering an inappropriate deal with the Grizzlies baseball team for season tickets in his name, and entering into a $2,200 city contract with his brother.
Souza was the last witness in a long line of city employees to testify for the prosecution, which rested its case Wednesday.
He acknowledged that there was no formal policy or document that said Madewell should not use city resources for his personal benefit. But, he said, there is an inherent expectation that managers should not misuse public funds.
"It's common sense that when you're dealing with taxpayer dollars, you're using other people's money, so you're held to a higher level of scrutiny," Souza said.
Jurors must decide whether Madewell knew or should have known that what he did was breaking the law or violating city policies. Defense attorney E. Marshall Hodgkins has argued that because there were no restrictions on how Madewell could use city funds, he did not know he was violating city policy.
Outside the courtroom, Souza said the city has not implemented any new policies that explicitly prohibit the misuse of city funds.
"We've tried not to overreact," he said. "Do you have to tell people you can't steal from you? Do you have to tell people you can't hit your co-worker? We don't want to get bogged down in bureaucracy."
Madewell was in charge of the Public Works Department's parking division, transportation division, and landscaping and maintenance division. He was fired in February 2006 after a 21-year-old temporary employee accused him of sexual harassment.
Prosecutor Roger Wilson has said that on Jan. 3, 2006, Madewell brought the woman to an abandoned city building where he started making comments about her body. The employee, a single mother, had asked to work overtime to earn extra money. Madewell said he would grant her overtime if she would be willing to lift up her shirt, Wilson said. He said the woman initially refused but eventually complied. An extra $300 was added to the employee's next paycheck, but she never worked any overtime, Wilson said.
The woman later settled a claim with the city for $150,000.
Hodgkins, however, said Madewell brought the employee to the building because he wanted her to help clean up the area. Nothing inappropriate occurred, he said.
Madewell is accused of giving the Grizzlies baseball team a break on their city parking fees in exchange for 2004 and 2005 season tickets in his name. Hodgkins said Madewell gave many of the tickets to his employees as a way to boost morale.
Wilson also said that in June 2005, Madewell entered the city into a $2,200 contract with his brother to conduct a study that would determine the feasibility of using a city parking lot to host a car show.
Souza said the contract violated anti-nepotism laws in the city charter.
The reporter can be reached at ccollins@fresnobee.com or (559) 441-6412.