IN THE MATTER OF MILTON MORAN



IN THE MATTER OF MILTON MORAN

OATH Index No. DOT-012261

COIB Case No. 99-S01

August 14, 2001

SUMMARY: In a three-way settlement, the Board and the New York City Department of Transportation (“DOT’) suspended, demoted to a non-supervisory position with a $1,268 annual pay cut, and fined a City parking official $2,500 for using his position to solicit a subordinate to marry his daughter in Ecuador and for repairing the cars of subordinates for compensation. Moran was also placed on probation for two years, during which time he is ineligible for promotions or salary increases. In addition, Moran can be terminated summarily if he violates the DOT code of conduct or the conflicts of interest law again. This is a "two strikes" provision originally developed in the McGann case, noted below. COIB v. Milton Moran, COIB Case No. 99-51, OATH Index No. DOT-012261 (2001). A court challenge by Mr. Moran of the settlement was dismissed by the New York State Supreme Court on November 5, 2001, Index No. 118741/01 (DeGrasse, J.).

STIPULATION AND DISPOSITION

Respondent Milton Moran states the following:

1. I have been employed by the New York City Department of Transportation ("DOT") since 1992. My current title is Assistant Chief in the Parking Control Unit of the Department of Transportation.

2. On at least three occasions in 1997 and 1998, I solicited one of my DOT subordinates to go to Ecuador and marry my daughter, whom the subordinate had never met, so that she could obtain permanent resident status in the United States. I offered to pay this subordinate $3,000 to $5,000 or more, plus travel expenses to Ecuador, as well as reimbursement for phone calls to my daughter in Ecuador. Part of the money was to be used so that the subordinate could learn Spanish and write letters to my daughter to be used as documentation for immigration authorities. I also proposed that the records of the phone calls from my subordinate to my daughter would be used to document the relationship for immigration purposes. During one of the conversations about the proposed marriage, I offered to pay the subordinate's rent and to give or sell him a car as a further inducement. Although I was trying to help my daughter and had her happiness in mind, the main purpose of the proposed marriage was to bring her to the United States. My attempt to persuade my subordinate to marry my daughter failed.

3. I also repaired personally owned cars of certain of my DOT subordinates in return for compensation. On at least one occasion, I repaired the car of a subordinate on DOT property and time.

4. I acknowledge that my conduct in imposing on a subordinate to marry my daughter to gain her citizenship in the United States was an abuse of my office in violation of the DOT Code of Conduct and § 2604(b)(3) of the City Charter, which provides:

“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.”

I understand that my daughter is "associated" with me for purposes of Chapter 68 of the City Charter.

5. I acknowledge further that my conduct in repairing private cars for subordinates for compensation, and, on at least one occasion, on City time and property, violated the DOT Code of Conduct and City Charter § 2604(b)(3), quoted above, as well as City Charter § 2604(b)(14), which provides:

“No public servant shall enter into any business or financial relationship with another public servant who is a superior or subordinate of such public servant.”

In addition, I acknowledge that my use of City time and property for a non-City purpose violated Charter § 2604(b)(2) and the related Board Rules §§ 1-13(a) and (b), which provide respectively, as follows:

“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.”

“Except as provided in subdivision (c) of this section, it shall be a violation of City Charter § 2604(b)(2) for any public servant to pursue personal and private activities during times when the public servant is required to perform services for the City.”

“Except as provided in subdivision (c) of this section, it 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.”

6. In recognition of the foregoing, I agree to the following fine and disciplinary actions:

a) I will be suspended without pay for 30 days, effective upon the full execution of this Disposition.

b) I will be demoted, effective upon the full execution of this Disposition, to the title of Associate Parking Control Specialist I, at a cut in pay of $1,268 annually, will have no supervisory duties, and will be reassigned to a new work assignment based on the needs of the agency, at which assignment I will not be working with the subordinate whom I asked to marry my daughter. I understand that my shift may change according to the needs of DOT, including but not limited to the separation of the aforementioned subordinate and myself, and that DOT will not change my shifts arbitrarily.

c) I hereby forfeit in lieu of a fine my accrued annual leave balances and compensatory time balances equivalent to $2,500.

d) I will be placed on probation for a period of two years, effective upon the full execution of this Disposition, during which period I agree I shall not be eligible for any promotion or increase in pay other than collective bargaining increases.

e) I may be terminated summarily by DOT without a hearing or any recourse to the judicial or administrative proceedings as set forth in Sections 75 or 76 of the Civil Service Law of the State of New York, and I may not utilize the grievance procedures stated in any collective bargaining agreement, in the event that the Commissioner of DOT, in his or her sole discretion, finds that I have committed any further violation of Chapter 68 of the New York City Charter or the DOT Code of Conduct, or that I have retaliated in any way against any City employee. Such discretion will not be exercised in an arbitrary or capricious manner.

7. I agree further to withdraw all motions with prejudice.

8. I agree not to retaliate in any manner against any City employee.

9. 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 may apply for employment upon the request of such agency or in response to any inquiry calling for such information. I understand that copies of this Disposition will permanently be incorporated in my personnel file.

10. I confirm that I have entered into this agreement knowingly and intentionally, without coercion or duress, and having been represented and advised by counsel, and that I accept the terms and conditions contained herein without reliance on any other promises or offers previously made or tendered by any past or present representative of DOT or of the Conflicts of Interest Board, and that I fully understand the terms of this agreement. I represent that I have been duly and fairly represented by my union and its counsel.

11. This Disposition constitutes the entire agreement among the parties hereto.

12. This Disposition constitutes a waiver by me or my successor to commence any judicial or administrative proceeding or appeal before a court of competent jurisdiction, administrative tribunal, political subdivision or office of the City or the State of New York or the United States to contest the lawfulness, authority, jurisdiction or power of DOT and the Conflicts of Interest Board in imposing the penalties and actions embodied in this agreement.

13. Any material misstatement of the facts of this matter, including of the Disposition, by me or my attorney or agent, shall, at the discretion of the Conflicts of Interest Board, be deemed a waiver of confidentiality of this matter.

14. I freely and voluntarily waive any further rights I may have pursuant to Sections 75 and 76 of the Civil Service Law of the State of New York and/or any other grievance procedures available to me, and specifically waive my right to any hearing and other administrative procedures set forth in the City Charter, Board Rules, and Rules of the Office of Administrative Trials and Hearings with respect to this matter.

15. This Disposition is effective when all parties below have affixed their signatures hereto. The New York City Conflicts of Interest Board and DOT accept this Disposition and the terms contained herein as a final disposition of the above-captioned matter only, and, accordingly, affirmatively state that other than as specified hereinabove, no further disciplinary or administrative action will be taken against Mr. Moran based upon the facts and circumstances set forth herein.

New York, New York

Milton Moran

Dated: August 14, 2001

Meyer, Suozzi, English & Klein, P.C.

Counsel for Respondent Moran

Barry Peek/Idina Holmes

Dated: August 14, 2001

Benito Romano

Acting Chair

NYC Conflicts of Interest Board

Wallace Davidowitz

Deputy Counsel

Department of Transportation

Dated: August 15, 2001

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