IN THE MATTER OF JONATHAN PURVIS COIB CASE NO. 2011-898a ...

[Pages:4]IN THE MATTER OF JONATHAN PURVIS COIB CASE NO. 2011-898a HRA CASE NO. 2012/02-0014 JANUARY 16, 2013

SUMMARY: An Associate Job Opportunity Specialist with the New York City Human Resources Administration ("HRA") accepted a 60-day suspension, valued at $9,972, for misusing his position in the HRA Rental Assistance Unit to issue an assistance check from HRA to his stepdaughter and for repeatedly misusing confidential information from his stepdaughter's public assistance records. In a public disposition of the charges, the Associate Job Opportunity Specialist acknowledged violating the City's conflicts of interest law by using his position in the HRA Rental Assistance Unit to authorize payment of rental assistance benefits to his stepdaughter and by misusing confidential information from public assistance case records to resolve a personal dispute. COIB v. J. Purvis, COIB Case No. 2011-898a (2013).

STIPULATION AND DISPOSITION:

WHEREAS, the New York City Human Resources Administration ("HRA") served disciplinary charges against Jonathan Purvis ("Respondent"), pursuant to Section 75 of the Civil Service Law, alleging violations of Chapter 68 of the City Charter ("Chapter 68") and the HRA Code of Conduct; and

WHEREAS, given that related disciplinary charges were pending at HRA, the New York City Conflicts of Interest Board (the "Board") referred this matter to HRA pursuant to Section 2603(e)(2)(d) of Chapter 68; and

WHEREAS, the Board, HRA, and Respondent wish to resolve this matter on the following terms,

IT IS HEREBY AGREED, by and among the parties, as follows:

1. In full satisfaction of the above-captioned matter, Respondent admits to the following:

a. Since August 29, 1994, I have been employed by HRA, most recently as an Associate Job Opportunity Specialist. As such, I have been a "public servant" within the meaning of Chapter 68.

b. As part of my official duties as an Associate Job Opportunity Specialist, I had access to the Welfare Management System ("WMS"). WMS is a system maintained by the New York State Office of Temporary Disability Assistance ("OTDA") containing confidential information about all persons who have applied for or have been determined to be eligible for benefits under any program for which OTDA has supervisory authority.

c. On or about April 27, 2009, without authorization from HRA, I authorized the issuance of a rental assistance check to my stepdaughter, who receives public assistance benefits from HRA, in the amount of $4,074.

d. From January 5, 2009, through April 8, 2011, without authorization from HRA, I accessed WMS on approximately one hundred five (105) occasions to obtain confidential information concerning my stepdaughter, who receives public assistance benefits from HRA. I accessed my stepdaughter's public assistance records to determine if she would receive her benefits on time.

e. On July 5, 2011, without authorization from HRA, I accessed WMS to view the public assistance records of an HRA client. I accessed the HRA client's public assistance records to determine the HRA client's contact information so that I could contact the HRA client to seek her assistance in resolving a dispute between my stepdaughter and my stepdaughter's landlord.

f. I acknowledge that, by authorizing the issuance of a rental assistance check from HRA to my stepdaughter, I violated Chapter 68, specifically 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.

g. I acknowledge that, by using the confidential information on WMS for the benefit of my stepdaughter, I violated Chapter 68, specifically City Charter ? 2604(b)(4), which states in relevant part:

No public servant shall disclose any confidential information concerning the property, affairs or government of the city which is obtained as a result of the official duties of such public servant and which is not otherwise available to the public, or use any such information to advance any direct or indirect financial or other private interest of the public servant or of any other person or firm associated with the public servant.

h. On November 3, 2011, HRA served upon me disciplinary charges, pursuant to Section 75 of the Civil Service Law, relating to my accessing confidential public assistance records in WMS for my personal use and for authorizing payment of a rental assistance check to my stepdaughter. I acknowledge that my abovedescribed conduct violated HRA Rules and Procedures, as set forth in the HRA disciplinary charges.

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2. In recognition of the foregoing, Respondent agrees to the following: a. I agree to a sixty (60) day suspension without pay, which has the approximate value of $9,972, to be implemented in a manner to be determined by HRA. b. I agree that this Disposition is a public and final resolution of the Board charges against me. c. 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 or 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 and HRA 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 and HRA or any members or employees thereof relating to or arising out of this Disposition or the matters recited therein. d. 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 or HRA; and that I fully understand all the terms of this Disposition. e. I agree that 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.

3. The Board and HRA affirmatively state that other than as recited herein, no further action will be taken by the Board and HRA against Respondent based upon the facts and circumstances set forth herein, except that the Board and HRA shall be entitled to take any and all actions necessary to enforce the terms of this Disposition.

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4. This Disposition shall not be effective until all parties have affixed their signatures below.

Dated: January 5, 2013

/s/ Jonathan Purvis Respondent

Dated: January 8, 2013

/s/ Jeffrey Kreisberg Kreisberg & Maitland, LLP Attorney for Respondent

Dated: January 24, 2013

/s/ Denise DePrima Deputy Commissioner NYC Human Resources Administration

Dated: January 16, 2013

/s/ Nicholas Scoppetta Chair NYC Conflicts of Interest Board

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