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 Steven B. Rosenfeld Chair/Board Member Monica Blum 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 F inancial Disclosure Alex Kipp Director of Training & Education Varuni Bhagwant Director of Administration Derick Yu Director of Information Technology April 30, 2012 F O R I M M E DI A T E R E L E ASE PRIN C IPA L F IN E D $2,000 F O R C A N C E L L IN G C L ASS SO T H A T T E A C H E R C O U L D T U T O R H E R SO N. New York City Department of Education ) have concluded a threeway settlement with the Principal of The Bay School PS/MS 105 who used her DOE position to benefit a of interest law. The Principal acknowledged that on November 10, 2010, her son, who was not a Bay School student, visited the school and, while there, was approached by a Bay School math teacher about how he was doing in Bay School math teacher offered to help him, which the teacher did during his lunch break. In order to give Bay School math teacher more time to tutor The Principal acknowledged that this conduct violated the his or her City position to benefit himself or herself or a person or firm with which he or she is associated. The Principal her son For this misconduct, the Principal agreed to pay a $2,000 fine to the Board and to have the disposition constitute a formal reprimand by DOE. A copy of the disposition is attached. The Board took the occasion of this disposition to remind public servants that they are prohibited from using their positions as public servants to benefit themselves or any person or firm with whom or with which they are associated. Public servants who have any q conflicts of interest law are urged to contact the Board, which can be reached at (212) 442-1400. Visit our home page at http://nyc.gov/ethics Chapter 68 of the New York City Charter, the composed of five members, appointed by the Mayor with the advice and consent of the City Council. Board penalties are civil fines. Carolyn Lisa Miller, Director of Enforcement, handled this case for the Board. Theresa Europe, Deputy Counsel to the Chancellor, handled this case for DOE. The Board gratefully acknowledges the work of its confidential investigative arm, the New York City Department of Condon, and SCI Investigator Kelita Stratford, who handled the investigation. The Board does not comment on Board dispositions, except as set forth above. For copies of any additional public documents, e-mail miller@coib.nyc.gov. THE CITY OF NEW YORK CONFLICTS OF INTEREST BOARD and THE CITY OF NEW YORK DEPARTMENT OF EDUCATION In the Matter of DISPOSITION COIB Case No. 2011-445 LAURIE SHAPIRO Respondent. WHEREAS, the New York City Conflicts of Interest Board (the "Board") commenced an enforcement action pursuant to Section 2603(h)(l) of Chapter 68 of the New York City Charter ("Chapte1? 68") against Laurie Shapiro and WHEREAS, the Board and Respondent wish to resolve this matter on the following terms; and WHEREAS, Respondent wishes to make her employer the New York City Department of Education a party to this resolution; IT IS HEREBY AGREED by and among the parties as follows: 1. In full satisfaction of the above-captioned matter, Respondent admits to the following: a. Since September 15, 1981, I have been employed by DOE, most recently as the Principal of The Bay School 105 in Queens, New York. As such, during 5 that time I have been a "public servant" within the meaning of Chapter 68. b. On November 10, 2010, my son, a student at Nassau Community College, visited The Bay School to drop something off for me. While at The Bay School, a Bay School math teacher approached my son and asked how he was doing in college. My son responded that he was struggling in calculus, and the Bay School math teacher offered to help him; during the math teacher's lunch break, he and my son went over several math problems. c. At the end of the Bay School math teacher's lunch break, he informed me that he needed "a little more time" with my son. As a result, I ca11celled the math teacher's next math class, which was scheduled to be held irom 11:05 a.m. to 11:55 and directed those students to The Bay School auditorium, where they joined another class watching "The Karate Kid." The math teacher continued to tutor my son until 12:10 at which time the math teacher lef`t school early to pick up his sick son. d. I acknowledge that, by cancelling a Bay School math class so that a Bay School math teacher could continue to tutor my son, who was not a Bay School student, I used my City position to obtain a private advantage for an individual "associated" with me in violation of Chapter 68, specifically City Charter 2604(b)(3). City Charter 2604(b)(3) states: No public servant shall use or attempt to use his or her position as a public servant to obtain any fmancial 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. City Charter 2601(5) defines "associated" to include "a spouse, domestic partner, child, parent or sibling; a person with whom the public servant has a business or other financial relationship; and each firm in which the public servant has a present or potential interest." 2. In recognition of the foregoing, Respondent agrees to the following: a. Iagree to pay a f`me of Two Thousand Dollars ($2,000) by money order or by cashier, bank, or certified check, made payable to the "New York City Conflicts of Interest Board," at the time of my signing of this Disposition. b. I agree that this Disposition shall constitute a formal reprimand and a copy of the Disposition will be placed in my personnel file at DOE. c. 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 lawfulness, authority, jurisdiction, or power of the Board or the DOE in imposing the penalty which is embodied in this 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 DOE, or any members or employees thereof relating to or arising out of this Disposition or the matters recited therein. d. I confirm that I have entered into this Disposition freely, knowingly, and intentionally, without coercion or duress, and after having been represented by the union 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 and that I fully understand all the terms of this Disposition. 2 e. I agree that any material misstatement of the facts of this matter, including of the Disposition, by me or by my attomey or agent shall, at the discretion of the Board, be deemed a waiver of confidentiality of this matter. 3. The Board and the DOE accept this Disposition and the terms contained herein as a final disposition of the above--captioned matter only, and affirmatively state that other than as recited herein, no further action will be taken by the Board or the DOE against Respondent based upon the facts and circtunstances set forth herein, except that the Board and the DOE shall be entitled to take any and all actions necessary to enforce the terms of this Disposition. 4. This Disposition shall not be ef`f`ective until all parties have affixed their signatures below. Dated: if ,2012 Laurie hapiro Respondent Dated: 2012 A 'd N. Grandwetter Council of School Supervisors Administrators Counsel for Respond? Dated: if 2012 - resa Euro Deputy Counsel to the Chancellor NYC Department of Education Dated: IB ,2012 Steven B. Rosenfeld Chair NYC Conflicts of Interest Board 3