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Bradley Disposition

Bradley Disposition

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Published by: queenscrapper on Jan 23, 2012
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01/23/2012

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IN THE MATTER OF MICHAEL BRADLEYCOIB CASE NO. 2008-423bDECEMBER 10, 2008SUMMARY:
The Board fined an Administrative Project Manager for the New York 
City Department of Parks (“Parks”) $600 for accepting the gifts of two meals, valued
collectively in excess of $50.00, from Kiska Construction, a firm doing business with the
 New York City Economic Development Corporation (“EDC”). Kiska had been awarded
three major contracts by EDC related to construction at the High Line; at Parks, theAdministrative Project Manager served as the Project Administrator for the High LineProject. The Administrative Project Manager acknowledged that his conduct violated the
City’s conflicts of interest law, which prohibits
a public servant from accepting avaluable gift
 – 
defined by Board Rules as anything which has a value of $50.00 or more,whether it be in the form of money, travel, entertainment, hospitality, or any other form
 – 
 from a firm doing business with the City.
COIB v. Bradley
, COIB Case No. 2008-423b(2008).
STIPULATION AND DISPOSITION:
WHEREAS, the New York City Conflicts of Interest Board (the “Board”) and
Respondent Michael Bradley wish to resolve this matter on the following terms,Respondent Michael Bradley states the following:1. From November 6, 2006, to the present, I have been employed by the NewYork City
Department of Parks and Recreation (“Parks”), most recently as an
Administrative Project Manager.2. As such, I was at all relevant times hereafter mentioned a public servantwithin the meaning of 
Chapter 68 of the City Charter (“Chapter 68”).
 3. I have been the Project Administrator at Parks for the High Line Project, aproject involving the restoration of the 1½-mile elevated railway on the West Side of Manhattan, property owned by the City of New York and managed by Parks.4. Three major contracts related to construction at the High Line have beenawarded by the New York City E
conomic Development Corporation (“EDC”) to Kiska
Construction. As such, Kiska Construction is a firm which I knew was engaged in andintended to be engaged in business dealings with the City.5. On May 25, 2007, the Friday before Memorial Day weekend, Kiskahosted a lunchtime barbecue for approximately 100 people at the High Line, which Iattended, along with others whom I believed to be involved in work at the High Line. Ihave been informed by the Board that the total cost of the barbecue was $3,564.51 (orapproximately $35.64 per person), paid by Kiska.
 
26. On August 31, 2007, Kiska hosted a luncheon for approximately 15 to 20people at Turkish Kitchen, a restaurant on Third Avenue at East 27
th
Street, which Iattended. I have been advised by the Board that the total cost of the meal was $951.90(or approximately $47.96 per person), paid by Kiska.7. I represent to the Board that I believed that it was appropriate to attendthese two meals in connection with my work as the Project Administrator at Parks for theHigh Line Project. However, I did not seek or obtain, either before or after attendingeither of these meals, approval from the Parks Commissioner to attend these meals, asrequired by Board Rules § 1-01(f)(5). Board Rules § 1-01(f)(5) states:
“For the purposes
of Charter § 2604(b)(5), a public servant may: . . . (5) be a guest at any function oroccasion or occasion where there the attendance of the public servant has been approvedin writing as in the interests of the City, in advance where practicable or within a
reasonable time thereafter, by the employee’s agency head or by a deputy mayor if the public servant is an agency head.”
 8. I acknowledge that by accepting two meals valued collectively in excessof $50.00 from a firm doing business and seeking to do business with the City of NewYork, I violated Chapter 68, specifically City Charter § 2604(b)(5) and Board Rules § 1-01(a), which state respectively:No public servant shall accept any valuable gift, as defined by rule of theboard, from any person or firm which such public servant knows is orintends to become engaged in business dealings with the city, except thatnothing contained herein shall prohibit a public servant from accepting agift which is customary on family and social occasions. [City Charter §2604(b)(5)]
For the purposes of Charter § 2604(b)(5), a “valuable gift” means any gift
to a public servant which has a value of $50.00 or more, whether in theform of money, service, loan, travel, entertainment, hospitality, thing orpromise, or in any other form. Two or more gifts to a public servant shallbe deemed to be a single gift for the purposes of this subdivision andCharter § 2604(b)(5) if they are given to the public servant within atwelve-month period under one or more of the following circumstances:(1) they are given by the same person; and/or (2) they are given by personswho the public servant knows or should know are (i) relatives or domesticpartners of one another; or (ii) are directors, trustees, or employees of thesame firm or affiliated firms. [Board Rules § 1-01(a)]9. I represent to the Board that at the time that I accepted these two meals, Idid not believe that they had substantial value. However, I acknowledge that, at the timeof my acceptance of the meals, I did not ask Kiska about the actual cost of the meals norwas I aware of the definition of a prohibited valuable gift as being $50.00 or more, in theaggregate, as provided for in
the Board’s Valuable Gift Rule, described in paragraph 8
 above.
 
310. In recognition of the foregoing, I agree to pay a fine of Six HundredDollars ($600.00), to be paid to the Board upon signature of this Disposition, by money
order or by cashier, bank, or certified check made payable to the “New York City
Conflicts o
f Interest Board.”
11. I agree that this Disposition is a public and final resolution of the chargesagainst me.12. I knowingly waive on my behalf and on behalf of my successors andassigns any rights to commence any judicial or administrative proceeding or appealbefore any court of competent jurisdiction, administrative tribunal, political subdivision,or office of the City or the State of New York or the United States, and to contest thelawfulness, authority, jurisdiction, or power of the Board in imposing the penalty whichis embodied in this Disposition, and I waive any right to make any legal or equitableclaims or to initiate legal proceedings of any kind against the Board or any members oremployees thereof relating to or arising out of this Disposition or the matters recitedtherein.13. I confirm that I have entered into this Disposition freely, knowingly, andintentionally, without coercion or duress, and after having had the opportunity to berepresented by an attorney of my choice and having declined that opportunity; that Iaccept all terms and conditions contained herein without reliance on any other promisesor offers previously made or tendered by any past or present representative of the Board;and that I fully understand all the terms of this Disposition.14. Any material misstatement of the facts of this matter, including of theDisposition, by me or by my attorney or agent shall, at the discretion of the Board, bedeemed a waiver of confidentiality of this matter.15. The Board accepts this Disposition and the terms contained herein as afinal disposition of the above-captioned matter only, and affirmatively states that otherthan as recited herein, no further action will be taken by the Board against Respondentbased upon the facts and circumstances set forth herein, except that the Board shall beentitled to take any and all actions necessary to enforce the terms of this Disposition.

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