Official Journal of the City of New York - June 18, 2020
Versione di testo Cosa è?Dateas è un sito indipendente non affiliato a entità governative. La fonte dei documenti PDF che pubblichiamo qui è l'entità governativa indicata in ciascuno di essi. Le versioni in testo sono trascrizioni che realizziamo per facilitare l'accesso e la ricerca di informazioni, ma possono contenere errori o non essere complete.
Source: Official Journal of the City of New York
THURSDAY, JUNE 18, 2020
THE CITY RECORD
NEW YORK CITY MAYORS OFFICE OF OPERATIONS
253 BROADWAY, 10th FLOOR
NEW YORK, NY 10007
212-788-1400
CERTIFICATION/ANALYSIS
PURSUANT TO CHARTER SECTION 1043d
REFERENCE NUMBER: COIB-18
RULEMAKING AGENCY: Conflicts of Interest Board I certify that this office has analyzed the proposed rule referenced above as required by Section 1043d of the New York City Charter, and that the proposed rule referenced above:
i Is understandable and written in plain language for the discrete regulated community or communities;
ii Minimizes compliance costs for the discrete regulated community or communities consistent with achieving the stated purpose of the rule; and iii Does not provide a cure period because it does not establish a violation, modification of a violation, or modification of the penalties associated with a violation.
May 31, 2020
Date
Accessibility questions: Julia Lee, 212 437-0730, lee@coib.nyc.gov, by:
Thursday, July 16, 2020, 5:00 P.M.
submitted online, copies of all written comments, and a summary of oral comments concerning the proposed rule will be available to the public on the Conflicts of Interest Boards website https www1.nyc.
gov/site/coib/public-documents/open-meetings-and-public-hearings.
page as soon as practicable.
What authorizes the Conflicts of Interest Board to make this rule? Sections 1043, 2603a, and 2603c4 of the City Charter authorize the Conflicts of Interest Board to make this proposed rule.
This proposed rule was not included in the Conflicts of Interest Boards regulatory agenda for this Fiscal Year because it was not contemplated when the Conflicts of Interest Board published the agenda.
RULE TITLE: Amendment of Rules for City Planning Commissioners
/s/ Francisco X. Navarro Mayors Office of Operations
2629
E j18
Notice of Public Hearing and Opportunity to Comment on Proposed Rules Regarding the Use of City Title in Promotional Materials What are we proposing? The Conflicts of Interest Board proposes to adopt rules regarding a public servants use of City title in promotional materials produced by or on behalf of a non-City product, program, or entity.
When and where is the Hearing? The Conflicts of Interest Board will hold a public hearing on the proposed rule. The public hearing will take place by videoconference at 10:30 a.m. on Monday, July 20, 2020
and is accessible by:
Internet Video and Audio. To access the hearing by Zoom, use the following URL: https us02web.zoom.
us/j/86956127825?pwd=SXBDTWVnNWRjcCtmdXM1VW5T
NVRtUT09.
Telephone. To access the hearing by telephone, dial 929
436-2866. When prompted, enter the Meeting ID 869 5612
7825 and password 080824.
How do I comment on the proposed rules? Anyone can comment on the proposed rules by:
Website. You can submit comments to the Conflicts of Interest Board through the NYC rules website at http rules.
cityofnewyork.us.
Email. You can email comments to Rules@COIB.nyc.gov.
By Speaking at the Hearing. Anyone who wants to comment on the proposed rule at the public hearing may speak for up to three minutes. Please access the public hearing by Internet Video and Audio or by Telephone using the instructions above. It is recommended, but not required, that commenters sign up prior to the hearing by contacting the Conflicts of Interest Board by phone at 212 437-0730 or by email at lee@coib.nyc.gov.
Where can I find the Conflicts of Interest Boards rules? The Conflicts of Interest Boards rules are in Title 53 of the Rules of the City of New York.
What rules govern the rulemaking process? The Conflicts of Interest Board must meet the requirements of Section 1043 of the City Charter when creating or changing rules. This notice is made according to the requirements of Section 1043 of the City Charter.
Statement of Basis and Purpose of the Proposed Rule City Charter 2604b2 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. As codified in Board Rules 1-13b, this means that a public servant may not use City resources, including his or her City title, for any non-City purpose.
The Conflicts of Interest Board proposes to adopt a new 1-18 of the Board Rules to apply City Charter 2604b2 to promotional materials produced by or on behalf of a non-City product, program, or entity. The Board has addressed such promotional materials, including book blurbs and print advertisements, in four advisory opinions on endorsements: Nos. 1991-1, 1995-2, 1998-6, and 2000-3. These opinions reflect a determination by the Board that the Citys interest must be the clear determinant for a public servant to use his or her City title to promote non-City products, programs, or entities. A.O. No. 1995-2 at 4. Without such a clear City purpose, the use of City resources would present a significant risk of creating the appearance that the public servants official position is being used to advance a private interest.
A.O. No. 1991-1 at 1.
The Board has often concluded, both in this context and others, that a City agency itself is in the best position to decide how best to advance its mission. Thus, in Advisory Opinion No. 2008-6, an opinion on official fundraising, the Board observed: Elected and appointed officials are selected for, among other things, their good judgment, and the Board finds no basis in Chapter 68 to limit the discretion of these officials as to their official charitable fundraising if they are exercising discretion within their defined areas of responsibility. A.O. No. 2008-6
at 10-11. As a result, the Board advised in this Advisory Opinion, subsequently codified in Board Rules 1-14, that an agency head need not obtain the Boards approval every time the agency wanted to fundraise on behalf of a not-for-profit organization.
In providing advice about an individual public servants use of City title for endorsements, the Board under normal circumstances defers to an agency heads determination provided that a demonstrable nexus exists between the product, program, or entity and the agencys mission. Accordingly, the Board proposes to codify a rule that would permit public servants, with the approval of their agency head, to use their City titles in promotional materials produced by or on behalf of a non-City product, program, or entity, provided that there is a demonstrable nexus between the product, program, or entity and the mission of the public servants City agency.
The determination of whether a demonstrable nexus exists depends on the specific circumstances of the endorsement and the nature of the public servants work for the City. For example:
In A.O. No. 2000-3, the Board advised the Police Commissioner that he may write and sign a letter that would serve as the introduction to a book published to raise funds for the NYPD Museum, a not-for-profit organization with the sole mission of educating the public about the New York City Police Department.
In confidential advice, the Board advised an elected official that the elected official could author a welcome letter for the first edition of a privately published freely distributed magazine promoting public transportation in the City. The Board advised the official that the official could write the letter for the purpose of promoting tourism and the use of public transportation within the elected officials district.
In confidential advice, the Board advised an elected official that the elected official could not appear in an advertisement for a hospital located within the elected officials district. The Board provided similar advice to a high-ranking public servants proposed appearance in an advertisement for a forprofit business in A.O. No. 1991-1.
Is there a deadline to submit comments? Yes, you must submit written comments by Monday, July 20, 2020.
This hearing has the following accessibility options available:
The Zoom platform accommodates screen reader software.
Simultaneous transcription or a sign-language interpreter are available upon request.
Do you need assistance to participate in the hearing? You must tell the Conflicts of Interest Board if you need a reasonable accommodation of a disability at the hearing, including if you need a sign language interpreter or simultaneous transcription. You can advise us by email at lee@coib.nyc.gov or by telephone at 212
437-0730. You must tell us by Thursday, July 16, 2020.
Can I review the comments made on the proposed rules? You can review the comments made online on the proposed rules by going to the website at http rules.cityofnewyork.us/. Copies of all comments
