IN THE MATTER OF RAYMOND DAVILA COIB Case No. 94-82 November 23, 1999

SUMMARY: The Board fined Raymond Davila, a former employee of the City Commission on Human Rights, $500 for using Human Rights letterhead, typewriters, and office facilities for his own private clients, in COIB v. Raymond Davila, COIB Case No. 94-82 (1999). Davila wrote four letters on behalf of his private clients on Commission letterhead to agencies such as the U.S. Veteran’s Administration and a U.S. Consulate. He also listed his agency telephone number as the contact number on these letters. Finally, Davila admitted using his Human Rights office to meet with a private client during his City work hours to discuss the client’s case and to receive payment from the client. Davila admitted violating Charter §§ 2604(b)(2) and (b)(3). The fine would ordinarily have been substantially higher, but reflected the fact that Davila is retired and ill and has very limited financial means.

STIPULATION AND DISPOSITION

Respondent Raymond Davila states the following:

1. I was employed as a Human Rights Specialist at the City Commission on Human Rights ("CCHR") from 1984 to 1994.

2. While at CCHR, I represented private clients, and in the course of representing these private clients, I used City resources and equipment including CCHR's letterhead and typewriters to conduct business on behalf of these private clients as follows.

3. On August 5, 1993, I typed a letter on a CCHR typewriter on CCHR letterhead on behalf of a private client concerning a marital dispute. I included my CCHR telephone number as my contact number.

4. On August 25, 1993, I typed a letter on a CCHR typewriter using CCHR letterhead on behalf of a private client, to a United States Consulate, concerning that client's entry into the United States. I wrote under my signature the designation "Law Enforcement Bureau." I used this designation in an attempt to obtain a result for a private client. I included my CCHR telephone number in the letter as my contact number.

5. On September 20, 1993, I met with a private client at my CCHR office during my regular work hours, discussed her case, received payment from her and gave her a written receipt for this payment.

6. On September 24, 1993, I typed a letter on a CCHR typewriter on behalf of this client, to the U.S. Veterans' Administration. I wrote this letter on CCHR letterhead and used a CCHR typewriter to type it. Again, I included the CCHR telephone number in the letter as my contact number.

7. On October 25, 1993, I wrote a second letter on behalf of this client to the U.S. Veterans' Administration. I typed this letter on CCHR letterhead using a CCHR typewriter and included the CCHR telephone number as my contact number. 8. I understand that my conduct in using City resources, including letterhead and typewriters, was a use of my position as a public servant to obtain a financial gain and a private advantage for myself and for my private clients and that this conduct was also in conflict with the proper discharge of my official duties. I understand and admit that I thereby violated New York City Charter §§ 2604(b)(2) and (b)(3), which state:

“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. [Section 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. [Section 2604(b)(3).]”

9. In acknowledgement of my violation of the Charter, I agree to pay to the New York City Conflicts of Interest Board a fine of $500 to be paid as follows: $50 shall be paid upon execution of this Disposition and $50 shall be paid on the 15th day of each successive month thereafter until the entire $500 amount is paid. I further agree to execute, simultaneously with my execution of the Disposition, an Affidavit for Judgment by Confession in the form attached hereto, to secure my payment of the fine.

10. The amount of this fine has been determined in consideration of the following mitigating factors in my case: (i) I am retired and in ill health; (ii) I am not employed and the only income I receive is a modest monthly pension and social security payments; (iii) my joint gross income was less than $15,000 in each of the years 1997 and 1998; (iv) I have no bank accounts, securities, vehicles, real estate or other valuables; and v) I have two outstanding judgments against me totaling approximately $5,000 and present credit card indebtedness of approximately $1,800.

11. 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.

12. The New York City Conflicts of Interest Board accepts this Disposition and the terms contained therein as a final disposition of the above-captioned matter, and, accordingly, hereby dismisses the above- captioned case.

Raymond Davila

The New York City Conflicts of Interest Board

Benito Romano Acting Chair Dated: November 23, 1999