IN THE MATTER OF CLARENCE SAMUELS COIB CASE NO. 2008-910 JULY 22, 2009 SUMMARY: The Board fined a New York City Housing Authority (“NYCHA”) Supervising Housing Caretaker $1,000 for receiving fees from two tax preparation companies for referring five of his subordinates to the companies and for receiving faxes at his job in connection with this private business. The NYCHA Supervising Housing Caretaker acknowledged that he violated the City’s conflicts of interest law, which prohibits a public servant from using his or her City position to attempt to obtain any financial gain for the public servant or any person or firm associated with the public servant and prohibits public servants from using City resources for non-City purposes. In setting the amount of the fine, the Board took into consideration that for this conduct the Supervising Housing Caretaker was suspended by NYCHA for three days, valued at approximately $586. COIB v. Samuels, COIB Case No. 2008-910 (2009). STIPULATION AND DISPOSITION: WHEREAS, the New York City Conflicts of Interest Board (the “Board”) and Respondent Clarence Samuels wish to resolve this matter on the following terms, Respondent Clarence Samuels states the following: 1. From April 21, 1991, through the present, I have been employed by the New York City Housing Authority (“NYCHA”). From March 2001 to February 2004, I was Supervising Housing Caretaker of NYCHA’s Marcy Houses. From February 2004 through October 2005, I was assigned to the NYCHA Brooklyn Borough Office. Since October 2005, I have been Supervising Housing Caretaker of NYCHA’s Red Hook Houses. 2. At all relevant times hereafter mentioned, I have been a public servant within the meaning of Chapter 68 of the City Charter (“Chapter 68”). 3. From in or around 2000 to in or around 2005, I referred clients to Heath Tax Services (“HTS”), a tax preparation business. Each year from 2002 through 2004, I referred one of my Marcy Houses subordinates to HTS, and, in 2004, I referred a second Marcy Houses subordinate to HTS. I was compensated by HTS for each referral. 4. Between in or around 2006 and in or around 2007, I referred clients to R&S (“R&S”) Tax Preparation, a tax preparation business. In 2006, I referred three of my Red Hook Houses subordinates to R&S. In 2007, I again referred one of the three Red Hook Houses subordinates to R&S. I was compensated by R&S for each referral. 5. I acknowledge that, by referring my subordinates to HTS for compensation, I used my position for my personal advantage, in violation of City Charter § 2604(b)(3), which states: 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. 6. Between in or around 2000 and in or around 2007, I received several faxes at NYCHA in connection with my private business of referring clients to HTS and R & S. 7. I acknowledge that, by receiving faxes related to my private business at a NYCHA fax machine, I violated City Charter § 2604(b)(2) and Board Rules § 1-13-(b), which state in pertinent part: 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. [City Charter § 2604(b)(2)] [I]t shall be a violation of City Charter § 2604(b)(2) for any public servant to use City letterhead, personnel, equipment, resources, or supplies for any non-City purpose. [Board Rules § 1-13(b)] 8. In recognition of the foregoing, I agree to pay a fine of One Thousand Dollars ($1,000), to be paid to the Board by money order or by cashier, bank, or certified check made payable to the “New York City Conflicts of Interest Board.” 9. In setting the amount of the fine, the Board took into consideration that I was suspended by NYCHA for three days, valued at approximately Five Hundred Eighty Six Dollars ($586), in connection with departmental charges filed against me as a result of the same facts recited above. In the absence of this suspension, the amount of the fine imposed by the Board under these circumstances would have been higher. 10. I agree that this Disposition is a public and final resolution of the charges against me. 11. 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 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 any members or employees thereof relating to or arising out of this Disposition or the matters recited therein. 2 12. I confirm that I have entered into this Disposition freely, knowingly, and intentionally, without coercion or duress, and after having been represented by an attorney 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; and that I fully understand all the terms of this Disposition. 13. Any material misstatement of the facts of this matter, including of the Disposition, by me or by my attorney or agent shall, at the discretion of the Board, be deemed a waiver of confidentiality of this matter. 14. The Board accept this Disposition and the terms contained herein as a final disposition of the above-captioned matter only, and affirmatively states that other than as recited herein, no further action will be taken by the Board against Respondent based upon the facts and circumstances set forth herein, except that the Board shall be entitled to take any and all actions necessary to enforce the terms of this Disposition. 15. This Disposition shall not be effective until all parties have affixed their signatures below. Dated: June 26, 2009 ___________/s/_________________ Clarence Samuels Respondent Dated: June 26, 2009 ___________/s/_________________ Debbie Coleman Grievance Coordinator Local 237, I.B.T. Counsel for Respondent Dated: July 22, 2009 ___________/s/_________________ Steven B. Rosenfeld Chair NYC Conflicts of Interest Board 3 .