Conflicts of Interest

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This page was last updated on December 4, 2024 at 12:49 PM.

Overview

Chapter 68 of the New York City Charter is the comprehensive ethics code for all of New York City’s public servants. Enacted to preserve both the perception and reality of integrity in City government, Chapter 68 contains bright-line standards to govern conflicts between the public duties and private interests of its public servants. It covers such topics as gifts, outside employment, volunteering, political activities, and misuse of position. The Conflicts of Interest Board (COIB) is charged with interpreting and enforcing the conflicts of interest code for New York City's public servants, including Department of Education employees. To interpret Chapter 68, the Board promulgates rules ("Board Rules").

In addition to the Conflicts of Interest Law and Rules, the Department of Education has adopted conflict of interest rules applicable to all Department of Education officials and employees, which are detailed in Chancellor’s Regulation C-110: Conflicts of Interest, Community Education Council Members, Employment of Family Members. 

For more information regarding Conflicts of Interest and Ethics topics, visit the Conflicts of Interest and Ethics topics InfoHub page.

COIB Waiver Process

Employees will need a Conflicts of Interest Waiver to work a part-time job at a company that has business dealings with any City agency, including the DOE. An employee will also need a Conflicts of Interest Waiver if the employee, their spouse, registered domestic partner, or unemancipated child has an ownership stake in a company that is seeking to do business with any City agency, including the DOE. To obtain a Conflicts of Interest Waiver Request Form, contact the DOE Ethics Officer. If the request does not contain any conflicts of interest, the DOE will submit the request to the Conflicts of Interest Board for their review. 

Prohibited Activities

Employment and Other Activities During Leaves of Absence

The Conflicts of Interest Law applies to employees on all leaves of absence (both paid and unpaid). 

Prohibition of Employment and Supervision of Relatives 

No person employed by the Department of Education, including contract employees and consultants, may hire, employ, or supervise (directly or indirectly) a near relative. This also applies to the supervision and management of DOE vendors, consultants, etc.  

For the purpose of this rule, “hire or employ” shall include any substantial participation in the hiring, selection, promotion, or termination process, including requesting or approving employment, promotion, or a selection process involving the evaluation of credentials or experience of another.  “Supervise” shall include giving, furnishing, or supervising work assignments, ratings, approval of ratings, evaluation, or approval of recommendation for tenure or completion of probationary services or for continued service, or making a primary discretionary decision respecting the working conditions or privileges of another, whether direct or indirect. 

“Near relative” shall mean a parent, spouse, registered domestic partner, child, brother, sister, aunt, uncle, niece, nephew, grandparent, grandchild, or the spouse or child of any of the above listed individuals, or a person bearing the same relationship to the employee’s spouse or registered domestic partner. 

Prohibited Conduct Between Supervisors and Subordinates

No person employed by the Department of Education shall enter into a business or financial relationship with another employee who is their supervisor or subordinate. Business or financial relationships include, but are not limited to, cohabitation, co-ownership of property, rental of property, and lending of money. 

Supervisors may not accept gifts from their subordinates except gifts of nominal value.   

Conflict of Interest Plain Language Guide

The below Plain Language Guide has been copied from the NYC Conflicts of Interest Board website.  

  1. Misuse of Position. Public servants may not use their City positions to benefit themselves, their close family members, or any person or firm with whom they have a business or financial relationship.
  2. Misuse of City Time and City Resources. Public servants may not pursue personal activities (especially business or political activities) during times when they are required to work for the City, nor may they use any City resources (such as City supplies, letterhead, telephone, e-mail, computer, or equipment), their City title, or City personnel for any non-City purpose.
  3. Gifts. Public servants may not accept anything valued at $50 or more from any person or firm that does or seeks to do business with the City.
  4. Gratuities. Public servants may not accept anything from anyone other than the City for performing their official duties.
  5. Volunteer Activities. Public servants may have an unpaid position (such as a board member) at a not-for-profit with business dealings with the City if they do this work on their own time, the not-for-profit has no dealings with their City agency, and the public servant is not involved in the not-for-profit’s business with the City. If the not-for-profit has dealings with the public servant’s City agency, they may only have the position with their agency head’s approval.
  6. Seeking Other Jobs. Public servants may not seek or obtain a private sector job with any person or firm with whom they are dealing with in their City job.
  7. Moonlighting. Public servants may not have a job with any firm that does business with the City. For certain part-time public servants, this prohibition applies only to their City agency.
  8. Owning Businesses. Public servants may not own any part of a firm that does business with the City, nor may their spouses, domestic partners, or unemancipated children. For certain part-time public servants, this prohibition applies only to their City agency.
  9. Permission to Moonlight or Own a Business. Public servants may, with the written authorization of the head of their City agency, seek permission from the Board (called a “waiver”) to have a job with a firm that does business with the City or to own some or all of a firm that does business with the City.
  10. Confidential Information. Public servants may not disclose confidential City information or use it for private advantage, even after they leave City service.
  11. Lawyers. Public servants may not act as a lawyer, whether paid or unpaid, against the City's interests in any lawsuit brought by or against the City.
  12. Expert Witnesses. Public servants may not act as a paid expert in any lawsuit brought by or against the City.
  13. Paid Appearances Before the City. Public servants may not communicate with any City agency on behalf of a private employer or client, when they are seeking City business, or are otherwise paid. For certain part-time public servants, this prohibition applies only to their City agency.
  14. Buying Office or Promotion. Don’t.
  15. Business with Subordinates. Public servants may not enter into any business or financial dealings with another public servant who is their subordinate or supervisor. A public servant is the superior of another public servant if they can affect the terms and conditions of the subordinate’s City employment.
  16. Political Solicitation of Subordinates. Public servants may not ask a subordinate to make a campaign contribution or to participate in any electoral campaign activity.
  17. Coercing Political Activity. Public servants may not force or try to force anyone to participate in any electoral campaign activity, nor may they directly or indirectly threaten anyone or promise anything to anyone to obtain a campaign contribution.
  18. Political Activities by Certain High-Level Appointed Officials. Deputy mayors, agency heads, deputy or assistant agency heads, members of boards or commissions, or any other person designated by their City agency as exercising substantial policy discretion may not ask anyone to contribute to the campaign of any candidate for City elected office or to the political campaign of any City elected official running for any elected office. These officials, as well as elected officials, may not hold certain political party positions.
  19. Post-Employment Communication Ban.
    1. For one year after leaving City service, former public servants may not communicate with their former City agency on behalf of their private employer or client, when they are seeking City business, or are otherwise paid.
    2. For two years after leaving City service, a former agency head (except if listed below), the executive director or highest-ranking paid public servant employed by a board or commission, and any paid member of a board or commission; may not communicate with their former City agency on behalf of their private employer or client, when they are seeking City business, or are otherwise paid.
    3. For two years after leaving City service, elected officials, deputy mayors, the chair of the City Planning Commission, and the heads of the Office of Management and Budget, the Law Department, and the Departments of Citywide Administrative Services, Finance, and Investigation may not communicate with their former branch of City government on behalf of their private employer or client, when they are seeking City business, or are otherwise paid.
    4. Post-Employment Particular Matter Bar. After leaving City service, former public servants may never work on a particular matter they personally and substantially worked on for the City.

Additional Information

The information discussed here is intended for use as a guide only. For additional information and answers to specific questions, contact the DOE Ethics Officer (login required).