QUESTION
Does the charter section 2603 prevent the Conflicts of Interest Board (COIB) from assessing penalties against the mayor without consent?
0:17:50
·
68 sec
The Conflicts of Interest Board's (COIB) independence is not compromised by the charter section 2603 consultation requirement, even in cases involving the mayor.
- The consultation requirement has not affected the board's independence according to the chair's experience.
- Most enforcement actions by the board are resolved by settlement, where the consultation requirement doesn't apply.
- In rare cases that go to hearing and result in a violation finding, the requirement does not impact the board's autonomy.
- The charter mandates consultation with the agency the public servant heads but allows the board to act independently.
Adrienne E. Adams
0:17:50
Charter section 2603 requires the board to consult with the mayor.
0:17:56
Before it assesses penalties if the violating public servant is the head of an agency.
0:18:02
Does this requirement prevent prevent COIP from assessing penalties against the mayor without his consent?
Milton Williams
0:18:08
So based on my experience as board chair, the consultation requirement of charter section 2603H has not impacted the board's independence even with regard to the mayor himself.
0:18:21
The vast majority of board enforcement actions are resolved by settlement where the consultation requirement of Charter 2603 H3 does not really come into play.
0:18:32
In a small minority of cases where a hearing is held after which the board has found a violation of the conflicts of interest law.
0:18:40
The consultation requirement does not impact the board's ability to to be independent and autonomous.
0:18:47
The charter only requires the board to consult with the agency served by the public servant, but gives the power to the board to act independently regardless of any agency consideration.
0:18:58
Okay.
