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QUESTION
What review process determines the issues an individual cannot work on after leaving city government service?
1:37:37
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Ethan Carrier explains that the Conflicts of Interest Board (COIB) has limited capacity with only 22 staff members and does not conduct proactive reviews to identify prohibited issues for former public servants.
- Public servants must seek advice from COIB regarding post-employment restrictions.
- COIB evaluates based on information from the individual or agency about matters they worked on personally and substantially.
- Council Member Restler expresses concerns about COIB's ability to effectively oversee compliance for 20,000 annual departures from city government.
- COIB cannot share specific guidance provided to agencies, but aims to help agencies comply with the complex conflicts of interest law.
Lincoln Restler
1:37:37
But I wanted to ask you about a comment you made, Mister Carrier, that relates to a lifetime particular matter banned for issues that somebody works on when they're in city hall.
1:37:50
For positions like chief of after the mayor that touch just about everything of consequence.
1:37:58
What review is conducted by Koi or otherwise to determine what are the issues that individual x is not permitted to work on subsequently following their service in local government.
Ethan Carrier
1:38:15
Ressler, we because we are just an agency with currently 22 people, we we do not doctor review of that type.
1:38:25
You know, we don't go out to do that.
1:38:27
But many public servants come to us to seek advice about that subject.
1:38:32
And then we will review, you know, the the questions they've got and try to help
Lincoln Restler
1:38:38
Like, for a position like this one, just as an example, or a deputy mayor, that's touched so much in city government while they work here, how can you evaluate the scale of of issues to that they can should no longer be engaged with.
Ethan Carrier
1:39:02
Alright.
1:39:03
Really the information about what they have worked on, what particular matters they have worked on, and the standard is worked on personally in some stantially is something is information that they or their agency would have to provide to us.
1:39:17
We obviously don't.
1:39:18
You know, we're an independent agency.
1:39:20
We We don't know what the day to day work of Yeah.
1:39:23
Every public servant.
Lincoln Restler
1:39:24
No.
1:39:24
Look, I I'm super sympathetic.
1:39:26
You've got 22 people, and you know, dozens of folks asking you every single day for advice and guidance is a lot on your plate with a relatively limited capacity.
1:39:36
Appreciate the longstanding recommendations you've had to have more investigative capacity in house to be able to take ownership for more of this work.
1:39:45
But It feels like a sisophian task to be trying to to hope that all 20,000 people that are leaving to the government every year are following their post employment restrictions.
1:39:56
Indeed, we're only identifying three people a year who are.
1:40:00
And for something like this on the issues that the most senior officials are unable to work on or should not, you know, it's very challenging to have any oversight to inform what those issues are.
1:40:14
And I just I think it would be helpful to work together to think about you all could be resource to actually provide that oversight in a rigorous and effective way.
1:40:23
Last one when I I told you that you couldn't trust me when I said last one.
1:40:27
So last one now.
1:40:29
The mayor's previous counsel said in an interview that his office had worked with Croyb to provide a set of guidelines to senior officials.
1:40:38
And I know you won't provide a specific guidance for an individual and that that could be considered you know, confidential.
1:40:46
But for something like this where the the mayor chief counsel said that he worked with COVID to provide guidance to senior city hall officials on related matters.
1:40:58
These are those guidelines that could be shared with us?
1:41:01
Could you confirm that you worked with the mayor's chief counsel to craft those guidelines?
Ethan Carrier
1:41:07
I I think well, any written documents or records that are in our possession are not things that we can provide.
1:41:12
And and when we provide advice including by working with General Counsels at city agencies, chief counsel, the mayor, and and general counsel here at the city council to help provide some advice about policies that agency might be interested in working on.
1:41:31
I couldn't, you know, I couldn't answer the question of whether we've done that for any their agency, but the confidentiality is for them.
1:41:39
So they are free to disclose to disclose that sort of guidance.
1:41:43
Now all that being said, we work with, you know, any city agency's general counsel or chief counsel who comes to us who would like some help in trying to comply with the complex interest law.
1:41:54
We are, of course, eager to help.
1:41:56
We wanna help people comply with the law.
1:41:58
Our goal is to take whatever steps we possibly can to do that.
Lincoln Restler
1:42:03
Okay.