I want to know about...

THE CITY RECORD

2658

Pursuant to Section 3-08e1iA, The Department of Educations DOE Chancellors Committee on Contracts COC Committee met on April 7, 2020, and approved a negotiated service with the vendors named below to provide services that support the delivery of high quality Head Start services citywide.
Vendor Legal Name Richmond Medical Center DBA
Richmond University Medical Center The Hudson Guild Committee for Early Childhood Development Day Care Center Police Athletic League Inc.
If a responses is received to this Notice, the Committees recommendation of award of a contract shall be stayed and the contract shall be resubmitted to the Committee. Other organizations interested in providing these services to the DOE are invited to indicate their ability to do so in writing to Alicia Saleh at 65 Court Street, Room 1201; Brooklyn, NY 11201. Responses should be received no later than 9:00 AM, June 22, 2020.

E j22

AGENCY RULES

MONDAY, JUNE 22, 2020

Board Rules 4-06, to place it in Chapter 4 with the other Board Rules relating to Annual Disclosure.
The Board also amends Board Rules 1-13 to codify advice given in two Advisory Opinions that reflect the Boards practice regarding the use of City time and City resources:

Board Rules 1-13d, a new provision, clarifies that a public
servant may use his or her City title in connection with the non-City authorship of print or online published work, teaching, and paid speaking engagements under circumstances where it is clear that the public servant is not speaking on behalf of the City. This amendment codifies, in part, advice given in Advisory Opinion No. 1999-4 permitting a public servant who engages in teaching to list his or her title as part of biographical information about the public servant.
See A.O. No. 1999-4 at 7.

Board Rules 1-13f codifies the advice given in Advisory
Opinion No. 2009-5 permitting an elected official, including a District Attorney, to use his or her City title in endorsing a candidate for public office. See A.O. No. 2009-5 at 3 n. 1. The new text in subdivision f clarifies that other public servants that is, not elected officials may not use their titles in endorsing candidates for public office but it does not otherwise prohibit them from disclosing that they are public servants when engaging in political speechsuch as the biography of a candidate for City Council identifying the candidate as a community board member, among the candidates other qualifications, or a participant at a political rally identifying themselves as a public school teacher.

The Board also adopts the following clarifications consistent with the Boards previous confidential advice and enforcement dispositions:

Board Rules 1-13b clarifies that a public servants City
title as well as City technology assets such as e-mail, official social media accounts, and internet access are City resources for purposes of City Charter 2604b2.

Board Rules 1-13c permits the Board to authorize, after a
CONFLICTS OF INTEREST BOARD
NOTICE

Notice of Adoption of Final Rules
public servant receives approval from their agency head, the use of City time and City resources to perform non-City work on behalf of not-for-profit entities where the Board determines that at least one of the following circumstances exists: the work advances the professional development of the public servant, it furthers the purposes and interests of the City, or it benefits the public at large. As a result of these revisions, this subdivision c is harmonized with the provisions of Board Rules 1-13e, and each of its provisions applies only to activities performed on behalf of not-for-profit entities.

NOTICE IS HEREBY GIVEN PURSUANT TO THE
AUTHORITY VESTED IN THE NEW YORK CITY CONFLICTS OF
INTEREST BOARD by Sections 1043 and 2603a of the City Charter, that the Conflicts of Interest Board has amended its rules governing the use of City time and City resources and accomplice liability.

Text of the Rule
The proposed Rules were published in the City Record on April 17, 2020, and a public hearing was held on May 18, 2020. No comments were received. The Conflicts of Interest Board now adopts the following Rules.

Section 1. Section 1-13 of Title 53 of the Rules of the City of New York is amended to read as follows:

Statement of Basis and Purpose The Board adopted Board Rules 1-13 in 1998 to provide broad guidance regarding City Charter 2604b2, Chapter 68s catch-all provision, which prohibits a public servant from engaging in any business, transaction or private employment, or having any financial or other private interest, direct or indirect, which is in conflict with the proper discharge of his or her official duties. Pursuant to Board Rules 1-13, City Charter 2604b2 prohibits the use of City time and City resources for non-City purposes and establishes accomplice liability for Chapter 68 violations by others.
When initially drafted, 1-13 was the only rule of the Board that interpreted City Charter 2604b2. Since then, the Board has adopted other rules that construe various aspects of City Charter 2604b2, including 1-14 Official Fundraising and
1-15 Community Board Members. The Board has also adopted two provisions as part of 1-13 that govern the permissible use of City time and City resources: existing Board Rules 1-13c permits a public servant to use a limited amount of City time and City resources to pursue a personal and private activity, upon the approval of the public servants agency head and the Boards determination that the activity furthers the purposes and interests of the City; and Board Rules
1-13e establishes parameters by which public servants may perform work on behalf of not-for-profit organizations as part of their City jobs.
Given these intervening additions and to improve the overall organizational structure of the Board Rules, the Board now 1 reorganizes Board Rules 1-13 into a rule that focuses exclusively on the use of City time and City resources; 2 moves the provisions regarding accomplice liability into a new Board Rules 1-17; and 3
renumbers the existing Board Rules 1-17 Procedures to Appeal a Designation as a Required Filer of a Financial Disclosure Report as
New material is underlined.
Deleted material is in brackets.

1-13 Conduct Prohibited by City Charter 2604b2 Use of City Time and City Resources.
a Except as provided in subdivision c of this section, it shall be a violation of City Charter 2604b2 for any public servant to pursue personal and private activities during times when the public servant is required to perform services for the City.
b Except as provided in subdivision c of this section, it shall be a violation of City Charter 2604b2 for any public servant to use City letterhead, title, personnel, equipment, resources, or supplies, or technology assets for any non-City purpose. For purposes of this subdivision technology assets includes but is not limited to e-mail accounts, internet access, and official social media accounts.
c1 A public servant may pursue a personal and private activity during normal business hours perform volunteer services on behalf of a not-for-profit entity during times when such public servant is required to perform work for the City and may use City personnel, equipment, resources, personnel, and supplies, and technology assets, but not City letterhead, if their title or City email accounts, provided that i the type of activity has been previously approved for employees of the public servants agency by the Conflicts of Interest Board, upon application by the agency head and upon a determination by the Board that the activity furthers the purposes and interests of the City the public servants agency head approves in writing the proposed volunteer services; and ii the public servant shall have received approval to pursue such activity from the head of his or her agency the Board determines that the proposed volunteer services advance the public servants professional development, further the purposes and interests of the City, or benefit the public at large.