State of Ohio

Office of the Inspector General

RANDALL J. MEYER, Inspector General

Report of
Investigation

AGENCY: OHIO DEPARTMENT OF PUBLIC SAFETY,

OHIO STATE HIGHWAY PATROL
FILE ID NO.: 2019-CA00039
DATE OF REPORT: NOVEMBER 17, 2020
 The Office of the Ohio Inspector General ...
The State Watchdog

“Safeguarding integrity in state government”

The Office of the Ohio Inspector General is authorized by state law to investigate alleged
wrongful acts or omissions committed by state officers or state employees involved in the
management and operation of state agencies. We at the Inspector General’s Office
recognize that the majority of state employees and public officials are hardworking,
honest, and trustworthy individuals. However, we also believe that the responsibilities of
this Office are critical in ensuring that state government and those doing or seeking to do
business with the State of Ohio act with the highest of standards. It is the commitment of
the Inspector General’s Office to fulfill its mission of safeguarding integrity in state
government. We strive to restore trust in government by conducting impartial
investigations in matters referred for investigation and offering objective conclusions
based upon those investigations.

Statutory authority for conducting such investigations is defined in Ohio Revised Code
§121.41 through 121.50. A Report of Investigation is issued based on the findings of the
Office, and copies are delivered to the Governor of Ohio and the director of the agency
subject to the investigation. At the discretion of the Inspector General, copies of the
report may also be forwarded to law enforcement agencies or other state agencies
responsible for investigating, auditing, reviewing, or evaluating the management and
operation of state agencies. The Report of Investigation by the Ohio Inspector General is
a public record under Ohio Revised Code §149.43 and related sections of Chapter 149.
It is available to the public for a fee that does not exceed the cost of reproducing and
delivering the report.

The Office of the Inspector General does not serve as an advocate for either the
complainant or the agency involved in a particular case. The role of the Office is to
ensure that the process of investigating state agencies is conducted completely, fairly, and
impartially. The Inspector General’s Office may or may not find wrongdoing associated
with a particular investigation. However, the Office always reserves the right to make
administrative recommendations for improving the operation of state government or
referring a matter to the appropriate agency for review.

The Inspector General’s Office remains dedicated to the principle that no public servant,
regardless of rank or position, is above the law, and the strength of our government is
built on the solid character of the individuals who hold the public trust.

Randall J. Meyer
Ohio Inspector General
 REPORT OF INVESTIGATION

FILE ID NUMBER: 2019-CA00039

SUBJECT NAME: Marcus Pirrone

POSITION: Lieutenant

AGENCY: Ohio Department of Public Safety,

Ohio State Highway Patrol

BASIS FOR INVESTIGATION: Complaint

ALLEGATIONS: Operating a Business While on State Time

INITIATED: October 4, 2019

DATE OF REPORT: November 17, 2020

INITIAL ALLEGATION AND COMPLAINT SUMMARY
On October 4, 2019, the Ohio Department of Public Safety (ODPS) notified the Office of the
Ohio Inspector General of an allegation of suspected wrongdoing involving Ohio State Highway
Patrol (OSHP) Lieutenant Marcus Pirrone. ODPS received complaints alleging Pirrone had been
engaged in a secondary business for profit during dates and times he was on duty for ODPS
OSHP, specifically stating that Pirrone offered to locate and sell automobiles to individuals.

BACKGROUND
The Ohio Department of Public Safety
The Ohio Department of Public Safety (ODPS) is responsible for criminal and traffic law
enforcement, driver licensing, motor vehicle registration and titling, disaster response and
recovery, and traffic safety and education program administration. The department’s program
divisions include: Ohio Bureau of Motor Vehicles, Emergency Management Agency, Ohio
Emergency Medical Services, Traffic Safety and Education, Investigative Unit, Ohio Homeland
Security, Office of Criminal Justice Services, and the Ohio State Highway Patrol. 1

Ohio State Highway Patrol

The Ohio State Highway Patrol enforces traffic laws and commercial motor safety regulations,
offers statewide emergency response services, investigates criminal activities on state-owned
property, and provides security for the governor and visiting dignitaries.

APPLICABLE RULES, POLICIES, AND PROCEDURES

Ohio Department of Public Safety DPS-501.13 Work Rule – Secondary Employment
B. REQUESTS AND APPROVAL FOR SECONDARY EMPLOYMENT
1. An employee shall not engage in any employment outside the DPS unless an
Application for Secondary Employment (DPS 0042) has been submitted and
approved. If, after approval has been given, there is sufficient cause to believe
that the secondary employment has an adverse impact on the employee’s job
performance and/or conflicts with the Department’s mission, the request will be
re-evaluated and approval may be withdrawn.

1
Source: Biennial budget documents.

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 2. Once an Application for Secondary Employment (DPS 0042) has been approved,
the employee must re-submit the application whenever there is a change in his or
her state classification status (e.g. trooper to sergeant), following the same
procedures set forth in this policy. The application must be submitted to the
employee’s office manager/post commander/supervisor for final approval by the
Director/Executive Director/Registrar/Superintendent. If a new application is not
submitted when there is a change in classification status, the old application form
will no longer be valid.

INVESTIGATIVE SUMMARY
On October 4, 2019, the Ohio Department of Public Safety (ODPS) notified the Office of the
Ohio Inspector General of an allegation of suspected wrongdoing involving Ohio State Highway
Patrol (OSHP) Lieutenant Marcus Pirrone. Specifically, the complaint alleged that Pirrone was
engaged in selling automobiles during dates and times he was on duty for the ODPS OSHP. The
complaint further alleged Pirrone sold a Lamborghini to an unidentified male while at the Ohio
Statehouse, and allowed the man to park the car in a restricted parking area in front of the Ohio
Statehouse on South Third Street. The complaint also alleged Pirrone sold a Porsche to a female
state employee who worked as the assistant residence manager at the governor’s residence.
Furthermore, the complaint alleged that while he was on duty with ODPS OSHP, Pirrone spoke
on his cell phone to prospective customers related to his secondary employment.

The Office of the Ohio Inspector General reviewed the complaint and opened an investigation to
evaluate the allegation that Pirrone was conducting secondary employment selling cars during
dates and times he was on duty with ODPS OSHP. Investigators reviewed the Ohio Department
of Public Safety policy for secondary employment which states that an employee is not permitted
to engage in any employment outside ODPS OSHP unless an application for secondary
employment has been submitted and approved. The policy also states that if the secondary
employment has an adverse impact on the employee’s job performance or conflicts with the
department’s mission, the approval may be withdrawn.

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Investigators attempted to review ODPS records for secondary employment applications for
Pirrone and were told ODPS did not have hard copies of the records. ODPS provided
investigators with a screen shot of a spreadsheet showing Pirrone’s last approval for secondary
employment was in 2005. Investigators reviewed the ODPS policy for secondary employment
which requires that when there is a change in the classification status of the employee, a new
application must be submitted for review. Investigators discovered Pirrone was promoted from
the position of sergeant to lieutenant on December 2, 2013, and that he had not submitted a new
secondary employment application as required.

ODPS OSHP Lieutenant Marcus Pirrone

On December 3, 2019, investigators interviewed ODPS OSHP Lieutenant Marcus Pirrone at the
Office of the Ohio Inspector General. Pirrone told investigators he had been selling vehicles for
approximately 20 years. Pirrone explained he was a commissioned salesman for a company
called Auto Brokers and that he also sold vehicles he owned outright. Pirrone noted that he
drives vehicles owned by Auto Brokers and that on occasion, people would see him and
approach him to express interest in purchasing the vehicles. Investigators asked Pirrone if he had
submitted an application for secondary employment to ODPS. Pirrone responded that he had
submitted the application several years previously.

Investigators asked Pirrone to comment on the Lamborghini referenced in the complaint. Pirrone
stated Auto Brokers owned the Lamborghini and he had sold it to a man living in Xenia, Ohio.
Pirrone said that after the sale, he was contacted by the new owner who wanted to have lunch
with Pirrone and show him changes he had made to the car. Pirrone explained that the
Lamborghini sat too low to enter the underground parking garage at the Ohio Statehouse, so the
owner parked the car on South Third Street between the block bordered by East Broad Street and
East State Street. Pirrone told investigators he did not instruct the owner to park the car on Third
Street. Investigators asked if the area where the owner parked the car was considered available
parking for the general public. Pirrone stated that government and law enforcement agencies
used it, and that,
… there’s people that use it and run into Graze to get food. We don’t enforce whether
they park there or not, it’s kind of a Columbus thing. Most of the officers in Columbus

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 tell us that we know that there’s people parking there doing business in the Statehouse so
we don’t really write tickets out there.

Pirrone reiterated to investigators that the enforcement of parking on South Third Street was
under the jurisdiction of the Columbus Division of Police, and not the Ohio State Highway
Patrol. Pirrone stated he was standing outside in the area of the parking space when the
Lamborghini pulled up and parked. Pirrone was asked if anyone else came out to look at the
Lamborghini. Pirrone stated his boss wanted to see it but he was not available at the time.
Pirrone said he was uncertain if a sergeant had walked out to see the vehicle.

Investigators asked Pirrone to submit documentation for any vehicle sales he had made to state
employees. In response to the request, Pirrone submitted to investigators documentation for four
vehicle sales involving state employees. Investigators also obtained additional records involving
the spouses of two state employees who had purchased vehicles from Pirrone. Investigators
spoke with the six people who had purchased vehicles from Pirrone and were told all sales were
conducted on weekends or after work hours.

Pirrone told investigators that he had never sold a Porsche to anyone at the governor’s residence.
However, Pirrone stated he was aware of an employee from the governor’s residence, Emily
Clarey, who had purchased a Porsche from an out-of-state dealer. Pirrone stated that he was not
involved in the transaction and only provided verbal counseling to the employee regarding how
vehicles are shipped from one state to another. Investigators asked Pirrone if he knew from
whom the employee purchased the Porsche. Pirrone stated, “I don’t. I want to say a dealer in
Utah. A Chevy dealer.” Investigators asked Pirrone if he assisted with the sale in any way.
Pirrone stated, “No. No. It was through a Chevy dealer. I think she ended up getting a warranty
through them and everything.”

ODPS OSHP Captain Patrick Kellum

On February 24, 2020, investigators spoke to ODPS OSHP Captain Patrick Kellum. Kellum told
investigators he was aware of the complaint involving Pirrone. During Pirrone’s December 3,

4
2019, interview, Pirrone described Kellum as a friend and work supervisor. Pirrone added that
he had sold a vehicle to Kellum in June of 2019.

Investigators asked Kellum about the purchase. Kellum stated that while he and Pirrone were on
a trip to see a friend, he asked Pirrone about the car they were driving. Kellum said Pirrone told
him the car was for sale and that he later bought the car from Pirrone. Kellum denied the sale
was conducted during work hours and further denied observing Pirrone conducting secondary
employment during times he was on duty for ODPS OSHP. Investigators asked Kellum about
Pirrone driving to work in vehicles that were later sold. Kellum stated that individuals who are
assigned state vehicles have the option to drive their personal vehicles to work, especially if they
have errands to run after work.

Kellum was asked about the incident in which the Lamborghini was allegedly parked in front of
the Ohio Statehouse on South Third Street. Kellum said he heard about it but did not observe the
vehicle. Kellum stated the area where the Lamborghini was reportedly parked is both under the
patrol and parking enforcement of the City of Columbus Division of Police.

Assistant Residence Manager Emily Clarey

On February 27, 2020, investigators spoke to the governor’s residence Assistant Residence
Manager Emily Clarey. Clarey was asked about the details of her purchase of a 2014 Porsche
Panamera 4S. Clarey stated she purchased the vehicle from BMW of Omaha, Nebraska, in the
middle of May 2019. Investigators asked Clarey how she located the vehicle. Clarey stated the
first day she met Marcus Pirrone was at her office at the governor’s residence. Pirrone
introduced himself and stated he was the supervisor of the security detail at the governor’s
residence. During casual conversation, Clarey mentioned she had just sold her car and was
driving a rental car. Clarey mentioned she would like to purchase a Porsche Panamera but had
not begun her search for the car. Pirrone reportedly told Clarey he had a dealership license and
that he had experience searching for cars. Clarey stated Pirrone gave her his personal cell phone
number and that he said he could not talk about the matter during times he was on duty for
ODPS OSHP. Clarey said Pirrone told her that he would search for a vehicle in the evening.

5
Clarey told investigators that over the course of two or three evenings, around 7:00 p.m. or 8:00
p.m., Pirrone searched for a Porsche Panamera online and he would send listings by text
messages for Clarey to review. Clarey provided investigators with the cell phone number
Pirrone was texting her from. Clarey stated Pirrone may have sent her eight or 10 texts with
vehicles to review and then, “… he found that one and then I did everything from there.”

Clarey provided investigators with documents from BMW of Omaha regarding the sale of the
Porsche to her, and on March 16, 2020, investigators called BMW of Omaha and spoke to Sales
Manager Jake Koch. Investigators asked Koch about the sale of the Porsche Panamera to Emily
Clarey. Koch clarified that the sale in question was of a 2014 Porsche, then stated, “I remember
this deal. We did not deal with Emily on the deal.” Investigators then asked Koch if he
remembered the person whom his dealership dealt with. Koch stated he might remember the
name of the person if he heard it. Investigators asked if the name of the person the dealership
dealt with was Marcus Pirrone and Koch replied, “Yep. You can’t forget a name like that.”

Investigators asked Koch what he recalled about the transaction. Koch stated that on May 15,
2019, BMW of Omaha received an email offer through AutoTrader 2 that asked, “Will you take
$45,000 for the Panamera. I’m in Ohio and would ship the car back. No loan needed and no
trade. Can do a wire transfer for funds.” Koch stated the email address provided for
communication was in the name of Marcus Pirrone. In addition, Koch provided investigators
with a phone number that had been included in the communication with their dealership, that
matched the phone number Emily Clarey gave investigators from the text messages she received
from Pirrone.

While speaking to investigators, Koch conferred with the dealership client advisor (Sam) who
assisted with the sale, and Koch asked Sam, “Do you remember last year when you and I worked
that 2014 Porsche Panamera deal for that girl in Ohio …” Koch confirmed with Sam that the
vehicle was shipped to Ohio.

2
AutoTrader is an online service where automotive dealerships and individuals may advertise vehicles for sale.

6
Investigators asked Koch if he could provide the time of day the communications with Pirrone
occurred. Koch stated it would be difficult to specify the time of day of the communications
because the times displayed in the dealership’s computer system are when employees enter their
notes into the system and not the actual times the communications take place. Koch stated he
did, however, remember that Clarey was not easy to be reached during the day. Koch noted that
most of the conversations the dealership had regarding the Porsche Panamera were with Pirrone,
and then were forwarded to Emily Clarey after the details were worked out. Koch stated that at
one point, he told Pirrone that before the dealership could release or finalize the purchase, Koch
needed to speak to Clarey directly.

Koch reviewed the communications related to the sale of the Porsche Panamera and stated he
could provide investigators with the actual times of the initial email inquiry and reply. Koch
stated, “The inquiry came in at 9:22 p.m. on Wednesday May 15. The reply came back from
Pirrone on May 16 at 8:26 a.m.” (Exhibit 1)

Investigators reviewed Pirrone’s work schedule for May 16, 2019, which showed Pirrone was
scheduled to work from 7:00 a.m. until 3:00 p.m. Records provided by ODPS show Pirrone “on
duty” at 6:35 a.m. and “off duty” at 3:19 p.m.

CONCLUSION
On October 4, 2019, the Ohio Department of Public Safety (ODPS) notified the Office of the
Ohio Inspector General of an allegation of wrongdoing by Ohio State Highway Patrol (OSHP)
Lieutenant Marcus Pirrone. Specifically, the complaint alleged that Pirrone was engaged in
selling automobiles during dates and times he was on duty for ODPS OSHP. The complaint
further alleged Pirrone sold a Lamborghini to an unidentified male while at the Ohio Statehouse,

7
then allowed the man to park the car in a restricted parking area in front of the Ohio Statehouse
on South Third Street. The complaint also alleged Pirrone sold a Porsche to a female state
employee who worked as the assistant residence manager at the governor’s residence.
Furthermore, the complaint alleged that while he was on duty with ODPS OSHP, Pirrone spoke
on his cell phone to prospective customers related to his secondary employment.

On December 3, 2019, investigators interviewed Pirrone at the Office of the Ohio Inspector
General. During the interview, Pirrone stated he maintained a secondary employment as a
commissioned salesman for a company called Auto Brokers. In addition, Pirrone stated he sold
vehicles he personally owned.

Pirrone told investigators that he sold a Lamborghini to an individual who later contacted him to
have lunch together. The individual was unable to park the Lamborghini in the Ohio Statehouse
underground parking garage because the vehicle sat too low, so he parked the car on South Third
Street in front of the Ohio Statehouse. This area is marked as a no parking area; however,
parking is enforced by the City of Columbus Division of Police and not by the Ohio State
Highway Patrol. Pirrone denied instructing the owner to park the vehicle in the “no parking”
area. Investigators spoke to Pirrone’s supervisor, ODPS OSHP Captain Patrick Kellum who
verified that parking in this area is enforced by the City of Columbus Division of Police.

Accordingly, the Office of the Ohio Inspector General does not find reasonable cause to
believe a wrongful act or omission occurred in this instance.

Investigators asked Pirrone if he sold a Porsche to anyone at the governor’s residence. Pirrone
denied selling the Porsche but acknowledged speaking to an employee at the governor’s
residence, Emily Clarey, about a Porsche. Pirrone stated he did not know where Clarey
purchased the car but stated he believed it was from a Chevy dealer in Utah. Investigators asked
Pirrone if he assisted with the sale of the Porsche to Clarey. Pirrone stated, “No. No. It was
through a Chevy dealer. I think she ended up getting a warranty through them and everything.”

8
On February 27, 2020, investigators spoke to the governor’s residence Assistant Residence
Manager Emily Clarey about her purchase of a 2014 Porsche Panamera 4S. Clarey stated she
purchased the vehicle from BMW of Omaha, Nebraska, in the middle of May 2019. Clarey
stated that during casual conversation, Clarey mentioned to Pirrone that she wanted to purchase a
Porsche Panamera. Pirrone reportedly told Clarey he had a dealership license and that he had
experience searching for cars. Pirrone gave Clarey his personal cell phone number, stated he
could not talk about the matter during times he was on duty for ODPS OSHP, and told Clarey
that he would search for a vehicle in the evening.

Clarey told investigators that over a period of several evenings, Pirrone would text her
information about Porsche Panameras for sale. When referencing the vehicle Clarey eventually
purchased, Clarey stated of Pirrone, “He found that one and then I did everything from there.”

Clarey provided investigators with documents obtained from BMW of Omaha referencing the
sale of the Porsche. On March 16, 2020, investigators called BMW of Omaha and spoke to Sales
Manager Jake Koch. Koch told investigators, “I remember this deal. We did not deal with Emily
(Clarey) on the deal.” Koch was asked if he remembered the person the dealership dealt with.
Koch stated, “I remember it was a gentleman ... .” Koch recalled that on May 15, 2019, the
dealership received an email through AutoTrader asking, “Will you take $45,000 for the
Panamera. I’m in Ohio and would ship the car back. No loan needed and no trade. Can do a
wire transfer for funds.” Koch stated the email address provided for communication was in the
name of Marcus Pirrone. In addition, Koch provided investigators with a phone number that had
been included in communication with the dealership, that matched the phone number Emily
Clarey gave investigators from the text messages she received from Pirrone.

Koch remembered that Clarey was not easy to reach during the day and told investigators that
most of the conversations the dealership had regarding the Porsche Panamera were with Pirrone.
Koch stated that at one point, he told Pirrone that before the dealership could release or finalize
the vehicle purchase, he needed to speak to Emily Clarey directly.

9
Koch reviewed the communications pertaining to the sale of the Porsche Panamera and stated he
could provide investigators with the actual times of the initial email inquiry and reply. Koch
stated, “The inquiry came in at 9:22 p.m. on Wednesday May 15. The reply came back from
Pirrone on May 16 at 8:26 a.m.” Investigators reviewed Pirrone’s work schedule for May 16,
2019, which showed Pirrone was scheduled to work from 7:00 a.m. until 3:00 p.m. Records
provided by ODPS show Pirrone “on duty” at 6:35 a.m. and “off duty” at 3:19 p.m.

The Office of the Ohio Inspector General concluded that the work conducted by Pirrone for his
secondary business during times he was on duty for ODPS OSHP was de minimis. However, the
Office of the Ohio Inspector General determined that Pirrone, who was under oath during
interviews conducted by investigators, was not truthful about his involvement in the sales
transaction of the Porsche Panamera for Emily Clarey. Though Pirrone did not sell the car
directly to Clarey, when asked by investigators if he had any involvement with the sale of the
Porsche Panamera, Pirrone stated that he was not involved in the transaction and only provided
verbal counseling to the employee regarding how vehicles are shipped from one state to
another. Investigators asked Pirrone if he knew from whom the employee purchased the
Porsche. Pirrone stated, “I don’t. I want to say a dealer in Utah. A Chevy dealer.” Pirrone
failed to disclose that he facilitated the sale by searching for the vehicle, relaying the location of
the vehicle, and negotiating the purchase price for Clarey.

Accordingly, the Office of the Ohio Inspector General finds reasonable cause to believe a
wrongful act or omission occurred in this instance.

Pirrone told investigators that he had submitted a request for secondary employment several
years previously. Investigators requested to review from ODPS OSHP records for secondary
employment applications for Pirrone and were told by ODPS that the department did not retain
hard copies of the records. ODPS provided to investigators a screen shot of a spreadsheet
showing Pirrone’s last approval for secondary employment was in 2005. Investigators reviewed
the ODPS OSHP policy for secondary employment which requires that when there is a change in
the classification status of the employee, a new application must be submitted for review.
Investigators discovered Pirrone was promoted from the position of sergeant to lieutenant on

10
December 2, 2013; however, Pirrone failed to submit a new secondary employment application
at that time as required.

Accordingly, the Office of the Ohio Inspector General finds reasonable cause to believe a
wrongful act or omission occurred in this instance.

RECOMMENDATION(S)
The Office of the Ohio Inspector General makes the following recommendations and asks that
the director of the Ohio Department of Public Safety respond within 60 days with a plan
detailing how the recommendations will be implemented. The Ohio Department of Public Safety
should:
1. Review the conduct of Ohio Department of Public Safety employee Marcus Pirrone as
detailed in this report and determine whether administrative action is warranted.

2. Require employees seeking secondary employment to submit a yearly application

whereby management may review and document any changes in employment status.

3. Maintain secondary employment documents for Ohio Department of Public Safety

employees by scanning or keeping original documents for future reference.

REFERRAL(S)
The Office of the Ohio Inspector General has determined that no referrals are warranted for this
report of investigation.

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 State of Ohio
Office of the Inspector General
RANDALL J. MEYER, Inspector General

NAME OF REPORT: Ohio Department of Public Safety,

Ohio State Highway Patrol
FILE ID #: 2019-CA00039

KEEPER OF RECORDS CERTIFICATION

This is a true and correct copy of the report which is required to be prepared
by the Office of the Ohio Inspector General pursuant to Section 121.42 of the
Ohio Revised Code.

Jill Jones
KEEPER OF RECORDS

CERTIFIED
November 17, 2020

Rhodes State Office Tower ◊ 30 East Broad Street – Suite 2940 ◊ Columbus, Ohio 43215-3414
Phone: 614-644-9110 ◊ FAX: 614-644-9504 ◊ Toll Free: 800-686-1525 ◊ Email: oig_watchdog@oig.ohio.gov
The Ohio Inspector General is on the World Wide Web at www.watchdog.ohio.gov
 MAILING ADDRESS
OFFICE OF THE INSPECTOR GENERAL
JAMES A. RHODES STATE OFFICE TOWER
30 EAST BROAD STREET – SUITE 2940
COLUMBUS, OH 43215-3414

TELEPHONE
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IN STATE TOLL- FREE

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FAX
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EMAIL
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INTERNET
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Exhibit 1
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