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PRESENTATION
Conflicts of Interest Board presentation on rules for part-time commissioners, part 2
0:42:38
·
3 min
Alex Kipp continues the COIB presentation, outlining rules specific to part-time commissioners.
He explains that restrictions on making paid communications on behalf of private parties only apply to communications directed to the Charter Revision Commission itself. Kipp details the city's $50 valuable gift rule but highlights the "social exception" for gifts clearly stemming from pre-existing personal or professional relationships unrelated to commission work, while advising caution if the gift giver has interests before the commission.
- Commissioners cannot make paid communications to the CRC on behalf of private parties without a waiver.
- The general rule prohibits accepting valuable gifts ($50+) from those doing business with the city.
- A "social exception" allows accepting gifts where the clear motivation is a pre-existing relationship (e.g., employer holiday party, family).
- Caution and seeking advice are recommended if a gift giver also has specific matters before the commission.
- Gifts offered because of one's status as a commissioner should be refused.
Alex Kipp
0:42:38
The third way in which we think about part timer, the part timer sort of rubric is on making paid communications on behalf of private parties to city agencies.
0:42:48
For a full timer like me, that is prohibited with without a waiver for any city agency.
0:42:54
So I couldn't represent a company before DOB or the comptroller's office or DOI or anybody.
0:42:59
For you, again, it's restricted only to this agency.
0:43:02
I can't make a compensated communication before the CRC on behalf of a private entity.
0:43:09
If I wanted to do that, I would need a waiver.
0:43:11
I'm not sure that such a waiver would be supported.
0:43:14
You can always ask.
0:43:15
There's no penalty for asking, but that would need a written waiver from the conflict of interest board.
0:43:19
Thus concludes part one, which has to do with the part timer section.
0:43:24
Let's now go to the high roller section.
0:43:28
Members of board and board I mean, it's not a chance.
0:43:30
No.
0:43:30
It's true.
0:43:31
It's, Diane's over there going, like, high roll.
0:43:33
No.
0:43:33
It's true.
0:43:34
High roll.
0:43:35
Okay.
0:43:35
So, oh, yeah.
0:43:37
No.
0:43:37
This is this this is, actually, we're still on, on, part timer here for a second.
0:43:42
So I I did a bad preview here.
0:43:43
Let's talk about the gifts rule for a second.
0:43:45
The city has a valuable gift rule.
0:43:47
If you've been in city government, you probably remember it.
0:43:50
It's taken quite seriously.
0:43:51
It says, I don't take a valuable gift from anybody doing business or seeking to do business with the city.
0:43:56
Valuable has always meant, since the the this law's inception in 1989, '50 dollars or more.
0:44:03
Right?
0:44:04
I don't accept a valuable gift from anybody doing business or seeking to do business with the city.
0:44:07
Now I don't know about you.
0:44:08
I've worked for the city for twenty three years, and I've been offered $50 worth of anything, but it comes up.
0:44:12
Right?
0:44:13
You you can't take it.
0:44:14
Now this doesn't work so well when we think about a part time member of a board and commission who's got an outside life with an employer and relationships and clients.
0:44:27
The the the the good news is that there has been always this what's called a social exception under the gifts rule.
0:44:35
And what it essentially says I'm not gonna quote it to you because we'd be here all day, But what it says is if it's obvious that the reason why you're getting the gift is a preexisting relationship with the and and that's the sole reason you're getting the gift.
0:44:49
Like, it's your employer's holiday party or it's your relative.
0:44:52
It's your long standing friend.
0:44:54
And see, obviously, the only reason they're giving you the gift is that preexisting relationship, then you don't worry about the $50 rule.
0:45:01
The question I think to ask for advice on is if you've got an old friend who, wow, wants to shower you with gifts, but they also have a matter before this commission.
0:45:12
Now we have kind of muddled appearances about why the giving may happen.
0:45:17
So the greater the propinquity of the person's city matters to your charter revision commission position, when that person's trying to give you a gift, you might want to ask for advice to make sure.
0:45:29
And I think the takeaway beyond that is, like, look, we don't take gifts for doing our city jobs or from, people that have matters before us, and that's pretty obvious.
0:45:38
Right?
0:45:39
So we don't hey.
0:45:39
You're a member of the Charter Commission.
0:45:41
Have this thing.
0:45:41
Obviously, wouldn't take it in that in that case.
0:45:43
So those two things.
0:45:45
Your outside life is not impacted by this.
0:45:47
Your relatives are gonna continue to give you gifts.
0:45:48
You're gonna continue to be a member of your firm or whatever you are.
0:45:52
But if someone wants to give you, a a gift because of your status here, it probably should be refused.
0:45:56
Okay.
0:45:57
Now we do the high rollers thing, I think.