IN THE MATTER OF LAWRENCE KING COIB Case No. 98-508 December 13, 2001 SUMMARY: In COIB v. Lawrence King, COIB Case No. 98-508 (2001), the Board fined a Deputy Chief Engineer for Roadway Bridges at the Department of Transportation (“DOT”) $1,000 for asking several DOT contractors to place advertisements in a fundraising journal the proceeds of which would help financially support the hockey club on which his sons play. Eight of the DOT contractors that Mr. King solicited purchased ad space for a total contribution of about $975. As a DOT employee, Mr. King worked on matters relating to these contractors and supervised DOT employees who worked with these contractors. Mr. King stated: “I made an error in judgment by seeking and obtaining donations from contractors whose profits I could affect in my City job. I represent that there was no quid pro quo for the donations.” STIPULATION AND DISPOSITION Respondent Lawrence King states the following: 1. I am Deputy Chief Engineer for Roadway Bridges/Administrative Engineer, Managerial Level III, at the New York City Department of Transportation ("DOT") and, therefore, I am a public servant within the meaning of Charter Section 2604(b). 2. In or after June 1998, I mailed flyers to twelve DOT contractors and asked them to place advertisements in a 1999 fundraising journal for a hockey club located in New York. My sons play ice hockey for a pee wee hockey team affiliated with the hockey club, and money raised by the journal would help financially support the pee wee hockey club on which my sons play. 3. Eight of the twelve DOT contractors that I solicited purchased advertisement space in the journal for amounts ranging between $25 and $300, for a total of approximately $975. 4. As a DOT employee, I worked on matters relating to the DOT contractors whom I solicited for donations to my sons' pee wee hockey team and supervised DOT employees who worked on matters relating to these contractors. I made an error in judgment by seeking and obtaining donations from contractors whose profits I could affect in my City job. I represent that there was no quid pro quo for the donations. 5. I acknowledge that my conduct in soliciting donations from DOT contractors with whom I had business dealings, for the benefit of my sons, violated New York City Charter §§ 2604(b)(2) and (b)(3), which provide: “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)]” “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. [2604(b)(3)]” I acknowledge that the Charter also provides that my sons are "associated" with me. (Charter § 2601(5).) 9. In recognition of the foregoing, I agree to pay a fine of $1,000.00 (One Thousand Dollars) to the New York City Conflicts of Interest Board upon signature of this Disposition. 10. 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 might apply for employment upon the request of such agency or in response to any inquiry calling for such information, and, in any event, prior to accepting employment with the City. I understand that copies of this Disposition, as well as a letter of reprimand from my DOT supervisor, will be permanently incorporated into my personnel file. 11. This agreement constitutes a waiver by me of 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 Conflicts of Interest Board in imposing the penalty which is embodied in this agreement. 12. Any material misstatement of the facts of this matter, including of the Disposition, by Respondent or by his attorney or agent, shall, at the discretion of the Board, be deemed a waiver of confidentiality of this matter. 13. I confirm that I have entered into this agreement knowingly and intentionally without coercion or duress, and after having been advised of my right to be represented by an attorney or another person 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 Conflicts of Interest Board or the New York City Department of Transportation, and that I fully understand all the terms of this agreement. 14. This Disposition shall not be effective until all parties below have affixed their signatures. 15. The New York City Conflicts of Interest Board and the New York City Department of Transportation accept this Disposition and the terms contained herein as a final disposition of the abovecaptioned matter only, and, accordingly, affirmatively state that other than as specified in this Disposition, no further enforcement or administrative action will be taken by the Conflicts of Interest Board or the New York City Department of Transportation against Respondent based upon the facts and circumstances set forth herein. Lawrence King Respondent Dated: November 27, 2001 Seth Cummins, Esq. General Counsel Department of Transportation Dated: November 29, 2001 Benito Romano Acting Chair NYC Conflicts of Interest Board Dated: December 13, 2001