IN THE MATTER OF JOHN LIZZIO
COIB Case No. 2000-254
July 24, 2000
SUMMARY: The Board fined a former housing inspector for working at a gas station in New Jersey at times when he was required to inspect buildings in New York. COIB v. John Lizzio, COIB Case No. 2000-254 (2000). The fine was $250, which ordinarily would have been higher, but took into account the fact that inspector John Lizzio had agreed to resign from the City's Department of Housing Preservation and Development. This was the first prosecution of abuse of City time under the Board's Rule § 1-13, which prohibits City employees from engaging in personal and private activities on City time, absent approval from their agency head and the Board.
STIPULATION AND DISPOSITION
HPD Disciplinary Case
Respondent John Lizzio states the following:
1. I have been employed by the New York City Housing Preservation and Development ("HPD") as a Housing Inspector since 1985.
2. I have had an ownership interest in a Gulf Gas Station (the "Gas Station") located in New Jersey since November 1999. I have never informed HPD or the New York City Conflicts of Interest Board of my ownership interest in the Gas Station.
3. On at least two occasions, while I was required to be on duty at my HPD Housing Inspector job, I traveled to the Gas Station and worked there.
4. I freely and voluntarily admit that I engaged in a private business during normal business hours when I was required to perform services for the City. I also admit that I engaged in this private business activity during normal business hours without first obtaining approval from HPD and the New York City Conflicts of Interest Board. I therefore violated New York City Charter § 2604(b)(2) and Rule §§ 1-13(a) and (c)(1) which state, respectively:
“No public servant shall engage in any business, transaction or private employment, or have any financial or other private interest, direct or indirect, which is in conflict with the proper discharge of his or her official duties. [§ 2604(b)(2)]”
“Except as provided in subdivision (c) of this section, it shall be a violation of City Charter § 2604(b)(2) for any public servant to pursue personal and private activities during times when the public servant is required to perform services for the City. [§ 1-13(a)]”
“A public servant may pursue a personal and private activity during normal business hours and may use City equipment, resources, personnel, and supplies, but not City letterhead, if (i) the type of activity has been previously approved for employees of the public servant's agency by the Conflicts of Interest Board upon application by the agency head and upon a determination by the Board that the activity furthers the purposes and interests of the City; and (ii) the public servant shall have received approval to pursue such activity from the head of his or her agency. [§ 1- 13(c)(1)]”
5. In recognition of the foregoing, I agree to pay a fine of two hundred fifty ($250) dollars to the New York City Conflicts of Interest Board upon signature of this Disposition. The fine, which ordinarily would have been substantially higher, takes into consideration the fact that I agreed to resign from HPD.
6. I agree that this statement is a public and final resolution of the charges against me. Furthermore, I agree to provide a copy of this Disposition to any City agency where I may apply for employment upon the request of such agency or in response to any inquiry calling for such information.
7. This agreement constitutes a waiver by me or my successor to commence any judicial or administrative action, proceeding or appeal before a court of competent jurisdiction, administrative tribunal, political subdivision or office of the City or the State of New York to contest the lawfulness, authority, jurisdiction or power of the Conflicts of Interest Board in imposing the penalty which is embodied in this agreement.
8. I confirm that I have entered into this agreement knowingly and intentionally, without coercion or duress, and after having been represented by an attorney, 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 Conflicts of Interest Board and that I fully understand all the terms of this agreement.
9. This stipulation shall not be effective until all parties below have affixed their signatures.
10. The New York City Conflicts of Interest Board accepts this Disposition and the terms contained herein as the entire understanding and as a final disposition of the above-captioned matter, and, accordingly hereby close the case, and affirmatively state that no further disciplinary or administrative action will be taken against Mr. Lizzio based upon the facts and circumstances referred to herein.
John Lizzio
Thomas M. Cooke
Attorney for John Lizzio
Dated: June 22, 2000
The New York City Conflicts of Interest Board
Benito Romano
Acting Chair
July 24, 2000