Greco Disposition

8/3/2019 Greco Disposition

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IN THE MATTER OF LEONARD GRECO

COIB CASE NO. 2008-423

SEPTEMBER 11, 2008

SUMMARY: The Board fined a Vice President for the New York City Economic

Development Corporation (EDC) for accepting the gift of four meals at New York Cityrestaurants, two valued individually and two valued collectively in excess of $50.00,from Kiska Construction, a firm doing business with EDC and the Department of Parksand Recreation. Kiska had been awarded three major contracts by EDC related toconstruction at a project for which the Vice President served as Lead Project Manager.The Vice President acknowledged that his conduct violated the Citys conflicts of interestlaw, which prohibits a public servant from accepting a valuable giftdefined by BoardRules as anything which has a value of $50.00 or more, whether it be in the form ofmoney, service, loan, travel, entertainment, hospitality, thing, or promise, or any otherformfrom a firm doing business with the City. COIB v. Greco, COIB Case No. 2008-423 (2008).

STIPULATION AND DISPOSITION:

WHEREAS, the New York City Conflicts of Interest Board (the Board) andRespondent Leonard Greco wish to resolve this matter on the following terms,

Respondent Leonard Greco states the following:

1. From August 6, 2001, to the present, I have been employed by the NewYork City Economic Development Corporation (EDC), most recently as Vice

President.

2. During the time of my EDC employment, pursuant to EDCs contract withthe City of New York, as an EDC employee, I was subject to Chapter 68 of the CityCharter (Chapter 68).

3. At EDC, I have served as the lead Project Manager for a project involvingthe restoration of certain property owned by the City of New York and managed by theNew York City Department ofParks and Recreation (hereinafter, the Project).

4. Three contracts related to construction for the Project have been awardedby EDC to Kiska Construction (Kiska) through three separate procurements. As such,Kiska is a firm which I knew was engaged in and intended to be engaged in businessdealings with the City.

5. On May 25, 2007, the Friday before Memorial Day weekend, Kiskahosted a barbecue for approximately 100 people, including members of its constructioncrew and project staff at the Project. I attended this barbecue, along with my supervisorsand other supervisory and project management staff at EDC, some of whom were


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subordinate to me. I have been informed by the Board that the cost of the barbecue wasapproximately $35.64 per person, paid by Kiska.

6. On June 20, 2007, a not-for-profit organization hosted a cocktail receptionand fundraiser for the Project. Prior to the reception, Kiska hosted an informal dinner for

its employees and other project staffat Morans steakhouse. I was invited to this dinner,along with my supervisor at EDC and another EDC employee who was subordinate tome, neither of whom attended. I attended this dinner along with approximately 10 to 12employees of Kiska and of the resident engineering team at the Project. I am informedby the Board that the cost of the meal was approximately $63.85 per person, paid byKiska.

7. On July 11, 2007, when it won the second contract for the Project, Kiskaarranged for a dinner at the restaurant Vento. I attended this dinner, along withapproximately 30 people, mostly Kiska employees and the private resident engineeringteam at the Project, as well as my supervisor and another EDC project manager who was

subordinate to me. I am informed by the Board that the cost of the meal wasapproximately $50.28 per person, paid by Kiska.

8. On August 31, 2007, Kiska hosted a luncheon for approximately 15 to 20people at the restaurant Turkish Kitchen. I attended this luncheon, along with employeesof Kiska and of the resident engineering team at the Project, as well as my supervisor andanother EDC project manager who was subordinate to me. I am informed by the Boardthat the cost of the meal was approximately $47.96 per person, paid by Kiska.

9. I acknowledge that by accepting meals that either individually or in theaggregate exceeded $50.00 in value within a twelve-month period from the same firmdoing business and seeking to do business with the City of New York, I violated Chapter68, specifically City Charter 2604(b)(5) and Board Rules 1-01(a), which staterespectively:

No public servant shall accept any valuable gift, as defined by rule of theboard, from any person or firm which such public servant knows is orintends to become engaged in business dealings with the city, except thatnothing contained herein shall prohibit a public servant from accepting agift which is customary on family and social occasions. [City Charter 2604(b)(5)]

For the purposes of Charter 2604(b)(5), a valuable gift means any gift

to a public servant which has a value of $50.00 or more, whether in theform of money, service, loan, travel, entertainment, hospitality, thing orpromise, or in any other form. Two or more gifts to a public servant shallbe deemed to be a single gift for the purposes of this subdivision andCharter 2604(b)(5) if they are given to the public servant within atwelve-month period under one or more of the following circumstances:(1) they are given by the same person; and/or (2) they are given by persons


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who the public servant knows or should know are (i) relatives or domesticpartners of one another; or (ii) are directors, trustees, or employees of thesame firm or affiliated firms. [Board Rules 1-01(a)]

10. In recognition of the foregoing, I agree to pay a fine of $2,000.00 (Two

Thousand Dollars), to be paid to the Board upon signature of this Disposition, by moneyorder or by cashier, bank, or certified check made payable to the New York CityConflicts of Interest Board.

11. I agree that this Disposition is a public and final resolution of the chargesagainst me.

12. I knowingly waive on my behalf and on behalf of my successors andassigns any rights to commence any judicial or administrative proceeding or appealbefore 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 whichis embodied in this Disposition, and I waive any right to make any legal or equitableclaims or to initiate legal proceedings of any kind against the Board or any members oremployees thereof relating to or arising out of this Disposition or the matters recitedtherein.

13. I confirm that I have entered into this Disposition freely, knowingly, andintentionally, without coercion or duress, and after having been represented by anattorney of my choice; that I accept all terms and conditions contained herein withoutreliance on any other promises or offers previously made or tendered by any past orpresent representative of the Board; and that I fully understand all the terms of thisDisposition.

14. Any material misstatement of the facts of this matter, including of theDisposition, by me or by my attorney or agent shall, at the discretion of the Board, bedeemed a waiver of confidentiality of this matter.

15. The Board accepts this Disposition and the terms contained herein as afinal disposition of the above-captioned matter only, and affirmatively states that otherthan as recited herein, no further action will be taken by the Board against Respondentbased upon the facts and circumstances set forth herein, except that the Board shall beentitled to take any and all actions necessary to enforce the terms of this Disposition.


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Greco Disposition