CITY OF NEW YORK CONFLICTS OF INTEREST BOARD

2 Lafayette Street, Suite 1010 New York, New York 10007 (212) 442-1400 Fax: (212) 442-1407 TDD: (212) 442-1443

Nicholas Scoppetta Chair/Board Member Anthony Crowell Board Member Andrew Irving Board Member Burton Lehman Board Member Erika Thomas-Yuille Board Member ____________ Mark Davies Executive Director Wayne G. Hawley Deputy Executive Director & General Counsel Carolyn Lisa Miller Director of Enforcement Julia Davis Special Counsel & Director of Annual Disclosure Alex Kipp Director of Training & Education Varuni Bhagwant Director of Administration Derick Yu Director of Information Technology

FOR IMMEDIATE RELEASE August 29, 2013

CONTACT: Carolyn Lisa Miller (212) 442-1419 [email protected]

CITY CONSTRUCTION PROJECT OFFICER SUSPENDED SIX WEEKS FOR SOLICITING A $15,000 LOAN FROM A CONSTRUCTION CONTRACTOR
The New York City Conflicts of Interest Board (Board) and the New York City School Construction Authority (SCA) reached a settlement with an SCA Project Officer who agreed to serve a six-week suspension to settle charges that he (1) solicited a $15,000 loan from a SCA contractor and (2) solicited and accepted a part-time position with a firm while actively supervising that firms work for the SCA and then repeatedly interfered in SCA projects on that firms behalf. In a public disposition of the charges, the Project Officer acknowledged that his conduct violated SCA Policy and Guidelines and the Citys conflicts of interest law. The six-week suspension will cost the Project Officer approximately $10,400. A copy of the public disposition is attached to this release, available here. The Citys conflicts of interest law prohibits City officials and employees from asking for or entering into business, financial, or employment relationships with a private party whom the public servant is dealing with in performing his or her official duties for the City. The law is intended to guard against the possibility that a public servants judgment with respect to the public matter over which he or she has authority will be compromised because of the business, financial, or employment relationship that he or she has establishedor attempted to establishwith the private party involved in that matter. Bre Injeski, Deputy Director of Enforcement, handled this case for the Board. John Epstein, Principal Attorney in Litigation Management, handled this case for SCA. Board Chair Nicholas Scoppetta was recused from this matter. The Board gratefully acknowledges the work of its confidential investigative arm, the New York City Department of Investigation (DOI), DOI Commissioner Rose Gill Hearn, and Barbara DiTata, Vice President and

Inspector General for SCA. The Conflicts of Interest Board is the Citys ethics board. It is charged with administering and enforcing the Citys conflicts of interest law. The Board does not comment on settlements, except as set forth above. For more information about the Board or the law, please visit the Boards website http://nyc.gov/ethics or call (212) 442-1400. Additional public information about the Boards enforcement activities, including summaries of prior enforcement dispositions and fines, is available on the Enforcement Unit page of the Boards website.

NEW YORK CITY OFFICE OF ADMINISTRATIVE TRIALS AND HEARINGS In the matter of THE NEW YORK CITY SCHOOL CONSTRUCTION AUTHORITY and THE NEW YORK CITY CONFLICTS OF INTEREST BOARD, Petitioner, -againstLATIF GIWA, Respondent.

STIPULATION & DISPOSITION

OATH Index No.13-2404 COIB Case No. 2013-306

WHEREAS, Petitioner, the New York City School Construction Authority (SCA), commenced disciplinary proceedings pursuant to Section 75 of the New York State Civil Service Law against Respondent Latif Giwa (Respondent), WHEREAS, the disciplinary charges pending against Respondent at SCA allege violations of Chapter 68 of the New York City Charter (Chapter 68), the New York City Conflicts of Interest Board (the Board) referred this matter to SCA pursuant to Charter Section 2603(e)(2)(d); and WHEREAS, the Board, SCA, and Respondent wish to resolve these matters on the following terms, IT IS HEREBY AGREED by and between the parties as follows: 1. In full satisfaction of the above-captioned matters, Respondent admits to the following: a. I have been employed by the SCA since January 11, 1999. As such, I am a public servant within the meaning of Chapter 68. b. At all relevant times stated herein, I worked as a Project Officer, Level II, for the SCA, assigned to the Bronx. c. As an SCA Project Officer, Level II, I had oversight responsibilities for school construction and renovation projects. Those responsibilities include monitoring the progress of work performed by general contractors assigned to SCA projects. My Page 1 of 5

tasks include, but are not limited to, managing the project, assuring that the work is being done in accordance with the plans and specifications, facilitating responses to questions raised by general contractors as work progresses, making sure that contractors adhere to construction schedules and contractual requirements, reviewing the validity of change order proposals, and reviewing and approving their payment requisitions. I have discretion to approve projects change orders for any amount less than $25,000. d. In October 2012, I telephoned the principal of a certain construction company that is currently contracted to perform work for the SCA and that has been previously supervised by me on an SCA construction project (the Principal). I told the Principal that I needed to see him and we agreed to meet at the SCA on November 6, 2012. On that date, at a meeting in the atrium of the SCA offices at 30-30 Thomson Avenue, Long Island City, I asked the Principal if he knew anyone who could lend me money to fund a business opportunity in Nigeria. The Principal told me that he did not know anyone who could lend me money. e. Several hours later on November 6, 2012, I again contacted the Principal and asked him for a personal loan of $15,000, to be repaid at the rate of $5,000 per month. The Principal declined my request. f. I used my position as an SCA Project Officer, Level II, to attempt to obtain a financial gain for myself. I acknowledge that this conduct violated SCA Policy and Guidelines, specifically SCA Guideline Number 200-003-AOG, 1, 4.1, and the Citys Conflicts of Interest Law, specifically City Charter 2604(b)(3), which provides that: No public servant shall use or attempt to use his or her position as a public servant to obtain any financial gain, contract, license, privilege or other private or personal advantage, direct or indirect, for the public servant or any person or firm associated with the public servant. g. In 2001, while serving as an SCA Project Officer on a renovation project at Public School (PS) 48 in the Bronx, I approached the owner of Colonial Roofing (the Owner), a subcontractor on the project, and asked him for and received a part-time position with his firm scheduling SCA jobs, even though I was, on behalf of the SCA, responsible for supervising the work performed by Colonial. h. I solicited and accepted a position with a firm while actively supervising that firms work for the SCA. I acknowledge that this conduct violated SCA Policy and Guidelines and the Citys Conflicts of Interest Law, specifically City Charter 2604(d)(1)(ii), which provides: No public servant shall solicit, negotiate for or accept any position . . . with any person or firm who or which is Page 2 of 5

involved in a particular matter with the city, while such public servant is actively considering, or is directly concerned or personally participating in such particular matter on behalf of the city. i. I held a position with a firm I knew was engaged in business dealings with the SCA. I acknowledge that this outside employment violated SCA Policy and Guidelines and the Citys Conflicts of Interest Law, specifically City Charter 2604(a)(1)(a), which provides that: [N]o public servant shall have an interest in a firm which such public servant knows is engaged in business dealings with the agency served by such public servant. j. After obtaining the requested position with Colonial Roofing, I intervened without authorization on that firms behalf on certain SCA projects. I interceded on behalf of Colonial Roofing by speaking with an SCA Contract Specialist regarding a bid the firm had made on a project involving PS 152 in the Bronx. I then spoke on behalf of Colonial Roofing with an SCA Project Officer who was managing a project at PS 44 in the Bronx, telling the Project Officer to go easy on Colonial. I then used my access to the design plans for PS 29 in the Queens, upon which Colonial had submitted the lowest bid, to advise the Owner that there was money to be made with change orders because the SCA Architecture and Engineering Department always made errors. k. I used my position as an SCA Project Officer, Level II, to obtain a private benefit for myself and my private employer. I acknowledge that this conduct violated SCA Policy and Guidelines and the Citys Conflicts of Interest Law, specifically City Charter 2604(b)(3). 2. In recognition of the foregoing, Respondent agrees to the following: a. I agree to the following penalty: suspension without pay from the SCA for three twoweek pay periods, starting August 26, 2013. This suspension has an approximate value of $10,400. b. I agree that this Stipulation and Disposition is a public and final resolution of the charges against me. c. I hereby waive any and all rights, including any right to a disciplinary hearing pursuant to Sections 75 and 76 of the Civil Service Law. d. I knowingly waive on my behalf and on behalf of my successors and assigns any rights to commence any judicial or administrative proceeding or appeal before 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 the Page 3 of 5

lawfulness, authority, jurisdiction, or power of the Board or the SCA in imposing the penalty which is embodied in this Stipulation and Disposition, and I waive any right to make any legal or equitable claims or to initiate legal proceedings of any kind against the Board or the SCA, or any members or employees thereof relating to or arising out of this Stipulation and Disposition or the matters recited therein. e. I confirm that I have entered into this Stipulation and Disposition freely, knowingly, and intentionally, without coercion or duress, and after having had the opportunity to be represented by an attorney or other representative of my choice; that I accept all terms and conditions contained herein without reliance on any other promises or offers previously made or tendered by any past or present representative of the Board or the SCA; and that I fully understand all the terms of this Stipulation and Disposition. f. I agree that any material misstatement of the facts of this matter, including of the Stipulation and Disposition, by me or by my attorney or agent shall, at the discretion of the Board, be deemed a waiver of confidentiality of this matter. 3. Respondent and the SCA consent to making the Board a party to this Stipulation and Disposition. 4. The Board and the SCA accept this Stipulation and Disposition and the terms contained herein as a final disposition of the above-captioned matters only, and affirmatively state that other than as recited herein, no further action will be taken by the Board or the SCA against Respondent based upon the facts and circumstances set forth herein, except that the Board and the SCA shall be entitled to take any and all actions necessary to enforce the terms of this Stipulation and Disposition. 5. This Stipulation and Disposition shall not be effective until all parties have affixed their signatures below.

Dated: August 13, 2013 Latif Giwa Respondent

/s/

Dated: August 13, 2013

/s/ Roland Acevedo, Esq. Counsel for Respondent Scoppetta Seiff Kretz & Abercrombie

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Dated: August 13, 2013

/s/ Ross J. Holden Executive Vice President & General Counsel NYC School Construction Authority

Dated: August 22, 2013

/s/ Andrew Irving Acting Chair NYC Conflicts of Interest Board

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