On March 14th Evening, the New York City Council 2019 Charter Revision Commission heard from Experts in City Government and Activist to discuss possible Charter Amendments that could enhance Precautionary Measures against Conflicts of Interest in City Government.
The Charter currently aims to Stamp Out Corruption in part through the Conflict of Interest Board (COIB), which consists of Five Mayoral Appointees Approved by City Council and a Staff that Executes Trainings and Investigations, among other Tasks.
The COIB currently has Four Primary Goals:
- Educating Public Servants about the City’s Rules on Conflicts of Interest as delineated in Chapter 68 of the Charter.
- Offering Advice regarding Public Servants’ Interpretation of Chapter 68 and the Lobbyist Gift Law.
- Prosecuting Politicians who Break these Rules.
- Enforcing the Annual Disclosure Law that Requires Yearly Financial Disclosures from All City Politicians.
The COIB Oversees the Mandate of a One-year Freeze on Politicians’ Ability to Lobby their Former Agency once they Leave Office.
Current COIB Chair Richard Briffault was the only Expert on Conflicts of Interest and Corruption to Speak before the Commission. He did Not Propose any Amendments to the Charter, but Fielded Questions from the Commissioners and explained why he believes the COIB is Working Well in its current Form.
“Our small size facilitates deliberation and action. The combination of mayoral appointment and Council confirmation...assures that any issues about any nomination can be publicly aired,” he explained.
Charter Commissioner Sal Albanese, a former City Council Member and Three-time Mayoral Candidate, including the 2017 Democratic Primary against Mayor Bill de Blasio, and was Appointed to the Commission by Brooklyn Borough President Eric Adams, asked if Serving under Mayoral Appointment poses an inherent Conflict of Interest, implying that the current COIB Structure Incentivizes Protection of the Mayor.
Briffault said he understood the Concern, but explained that Diversifying Appointment Power could Enhance the Notion that a COIB Member should Serve the Politician who Appointed them. A Standard of Mayoral Appointees, Briffault argued, Promotes a Sense of Cohesion within the Body.
Briffault also Cautioned against Changing the COIB to Operate more like the Joint Commission on Public Ethics (JCOPE), the Highly-Controversial State Body that many argue is Ineffective, and which Draws Appointments from the Governor and Legislative Leaders.
Commission Chair Gail Benjamin, Appointed by City Council Speaker Corey Johnson, echoed Albanese’s Concerns, asking Briffault if the COIB would Benefit by Drawing Members from a Wider Variety of Employment Sectors. Briffault conceded that Attorneys currently Comprise the Majority of the COIB, if not its Entirety. “The plus side [to that change] is guaranteeing that different perspectives are there,” he said. “But a lot of what we do is interpret and enforce the law.”
Albanese further Inquired about the COIB’s Opinion regarding the One-year Lobbying Ban on Public Servants leaving Office, suggesting that a Five-year or even Lifetime Ban would better Root-Out Corruption. Briffault Declined to take a Position on the matter. “We’re not policy-makers,” he said. But he did Affirm the Current Yearlong Measure, positing that a Longer Ban might “discourage high-quality people from going into government.”
While Albanese expressed Concern about Lobbying Power and Methods of Circumventing the Lobbying Gift Law, Briffault maintained that certain Actions like Campaign Donation Bundling Cannot be Regulated as Lobbying.
Commissioner Stephen Fiala, Appointed by Staten Island Borough President James Oddo, asked if Briffault sought to Increase the COIB’s relatively Small Annual Budget of $2.5 Million. Briffault remained ambivalent, though he said that either consistently Re-Adjusting the Budget for Inflation or tying the Budget to a Percentage of that of City Council would Benefit the COIB.
In recent years COIB has pushed for More Funding during City Council Budget Hearings, with Representatives explaining that it is Challenging to Perform All of the Trainings and other Tasks it has given its Staffing Levels and High Turnover based on Lower-than-Ideal Pay.
NYC Wins When Everyone Can Vote! Michael H. Drucker
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