IN THE MATTER OF MARILYN ROSS
COIB Case No. 97-225
December 10, 1997
SUMMARY: In COIB v. Marilyn Ross, COIB Case No. 97-225 (1997), an assistant principal of a City school was fined $1,000 for borrowing $1,000 from a subordinate teacher in the first “three-way” disposition among the Conflicts of Interest Board, a City official, and the agency employing her, the Board of Education.
STIPULATION AND DISPOSITION
Respondent Marilyn Ross states the following:
1. I have been employed in the New York City school system as a teacher for 17 years. In April 1992, I was promoted to the position of assistant principal in Community Intermediate School ("CIS") 147.
2. In the Spring of 1994, I requested that a teacher who was then my subordinate at CIS 147 loan me some money, and on or about April 25, 1994, I did borrow the sum of $1,000 from him. The loan was in the form of a personal check from the teacher to me. I repaid the loan in full in cash in two installments, the first in July ($500), and the second in September ($500) of 1994.
3. Thereafter, in April of 1996, I gave an unsatisfactory rating to this teacher for the 1995-96 school year. The teacher then claimed in a June 19, 1996 letter to me that the rating was based on a refusal by him to loan me additional money in 1996. I deny that I ever asked him for additional loans and that my evaluation had anything to do with the $1,000 loan.
4. I admit that my conduct in soliciting and accepting a loan from a subordinate City employee constituted a conflict of interest that placed undue pressure on the professional relationship between my subordinate and myself. I understand that I violated New York City Charter § 2604(b)(14), which states:
“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.”
The legislative history of that section explains:
“Paragraph fourteen contains a new prohibition against public servants engaging in business or financial relationships with superiors or subordinates. The [Charter Revision] commission added this prohibition in recognition of the potential for coercion or favoritism that exists when co-workers who occupy different positions in the hierarchy enter into business or financial relationships. Thus prohibited are jointly-run business ventures, and financial relationships such as loans. The prohibition is not intended to prevent public servants from loaning each other insignificant amounts of cash, as occurs often in normal daily events.”
Vol. II, Report of the New York City Charter Revision Commission, December 1986-November 1988 at page 180.
5. In recognition of the foregoing, I agree to pay a fine of $1,000 to the New York City Conflicts of Interest Board upon signature of this Disposition.
6. 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 be placed in the files of the Board of Education's Office of Legal Services, the New York City Conflicts of Interest Board and my personnel file in the Community School District 9 office and that no other copies of this Disposition will be on file with any office or agency of the Board of Education of the City of New York.
Marilyn Ross
Dated: December 3, 1997
The New York City Conflicts of Interest Board and the New York City Board of Education accept this Disposition and the terms contained therein as a final disposition of the above-captioned matter, and, accordingly hereby dismiss and close the case, and affirmatively state that no further disciplinary or administrative action will be taken against Ms. Ross based upon the facts and circumstances referred to herein.
The New York City Conflicts of Interest Board
Sheldon Oliensis
Chair
The New York City Board of Education
Rudolph F. Crew
Chancellor
Dated: December 10, 1997