City of New York Conflicts of Interest Board
IN THE MATTER OF MARISA RIEUE
COIB Case No. 2000-5
June 25, 2001
SUMMARY: The Board fined a former attorney from the City Commission on Human Rights (“CHR”) $2,000 for investigating a discrimination case involving her mother and recommending agency action (a finding of probable cause to believe that her mother had suffered discrimination), without disclosing the familial relationship to her supervisors. The Board strongly disapproved of the use or misuse of prosecutorial discretion in favor of a family member.
STIPULATION AND DISPOSITION
Respondent Marisa Rieue states the following:
1. From December 1994 until March 1997. I was employed by the New York City Commission on Human Rights ("NYCHR") as a Human Rights Investigator/Specialist and, therefore, I was a public servant within the meaning of Charter Section 2604(b). I received a law degree from Seton Hall University School of Law in June 1993 and was admitted to the Bar of the State of New York in 1996.
2. In December 1994, when I commenced employment with the NYCHR, I was the only Investigator/Specialist at NYCHR who spoke Korean.
3. On January 24, 1995, while I was on intake duty in my capacity as a NYCHR employee, I conducted a telephone interview in Korean of a complainant identified as Woon Rhee. On the same-day, I completed an intake form regarding Woon Rhee.
4. Woon Rhee submitted to NYCHR a verified complaint on or about April 25, 1995. The complaint alleged discrimination in employment based on race, color, age, and national origin. I was assigned to investigate and did investigate Woon Rhee's case, and wrote memoranda regarding her case based solely upon my investigation, including but not limited to, my conversations with witnesses, including Woon Rhee. In February 1997, on the basis of my investigation and the evidence gathered, I recommended to my agency a finding of probable cause with respect to all of the allegations in Woon Rhee's complaint.
5. Woon Rhee is my mother.
6. My employment with NYCHR ceased on or about March 25, 1997.
7. The NYCHR never acted upon my recommendation of probable cause and never issued a determination with respect to Woon Rhee's complaint. It is my understanding that Woon Rhee's complaint at NYCHR was administratively closed on November 12, 1997, for reasons unrelated to the merits of the complaint, namely, that my mother elected to sue her employer in federal court. It was not known to my supervisors at NYCHR that Woon Rhee is my mother.
8. I acknowledge that my conduct constitutes a violation of New York City Charter § 2604(b)(3), 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 acknowledge that the Charter also provides that my mother is "associated" with me. (Charter § 2601(5).) I also acknowledge that it was wrong for me to take official action on my mother's complaint. This conduct on my part was a conflict of interest.
9. In recognition of the foregoing, I agree to pay a fine of $2,000.00 to the New York City Conflicts of Interest Board upon signature of this Disposition.
10. 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.
11. This agreement constitutes a waiver by me of 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 Conflicts of Interest Board in imposing the penalty which is embodied in this agreement.
12. Any material misstatement of the facts of this matter, including of the Disposition, by Respondent or by his attorney or agent, shall, at the discretion of the Board, be deemed a waiver of confidentiality of this matter.
13. I confirm that I have entered into this agreement 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 Conflicts of Interest Board, and that I fully understand all the terms of this agreement.
14. This Disposition shall not be effective until all parties below have affixed their signatures.
15. The New York City Conflicts of Interest Board has jurisdiction over this matter pursuant to Chapter 68 of the New York City Charter.
The New York City Conflicts of Interest Board accepts this Disposition and the terms contained herein as a final disposition of the above-captioned matter only, and, accordingly, affirmatively states that no further enforcement action will be taken by the Conflicts of Interest Board against Respondent based upon the facts and circumstances set forth herein.
Marisa Rieue
Respondent
Michael H. Smith, Esq.
Attorney for Respondent
Dated: June 22, 2001
Benito Romano
Acting Chair
Dated: June 25, 2001