IN THE MATTER OF VINCENT FODERA
COIB Case No. 96-404
May 22, 1998
SUMMARY: The Board fined a former Resident Engineer of the Department of Citywide Administrative Services $3,000 for consulting for pay for a private firm on the same City project on which the engineer had worked personally and substantially as a City employee. The engineer had been in charge of the project -- the renovation of the Manhattan Criminal Court building -- and then crossed over to the private sector on the same project. The Board also fined him $100 for failing to file his financial disclosure report on time. This was the first reported enforcement case on the lifetime ban against appearing before the City on the same project, involving the same parties, that one had worked on while with the City.
STIPULATION AND DISPOSITION
Respondent Vincent Fodera states the following:
1. I was employed by the City of New York Department of General Services ("DGS"), Bureau of Construction from 1972 to 1994. [FN1] From the period 1991 to 1994 I acted on behalf of DGS as the Resident Engineer for the renovation of the Manhattan Courthouse (the "Project"). The renovation was done pursuant to Contract Registration No. 9225946, Project No. C75CTRPEN.
2. M.P. Davie Contracting Corporation ("MPDCC") was the general contractor for the Project. MPDCC was succeeded in interest by John F. Davie Construction Corp. ("JFDCC") and the latter took over work on the Project. Collectively, MPDCC and JFDCC are known as "Davie".
3. As the Resident Engineer, I was in charge of the Project and was authorized to approve and did approve certain contract changes. I also signed documents and approved payment requests, change orders and estimates involving Davie.
4. On or about June 5, 1994, I retired from DGS and left City Service.
5. Beginning in May 1996, I worked, among other jobs, as a paid consultant for Davie on the Project. As a consultant for Davie on the Project, I attended meetings with the successor City Resident Engineer on the Project and I was present on the Project job site as Davie's representative. I received a total of $17,100 from Davie for my work as a consultant on the Project at the rate of $600 per week.
6. In my capacity as Davie's Project manager, I sent correspondence to the City stating, among other things, that Davie "will hold the City responsible for additional [Project] costs."
7. I admit that my conduct constituted a conflict of interest in violation of Section 2604(d)(4) of the City Charter in that I communicated, for compensation, with my former agency (DGS/DCAS), with respect to a contract (the Project) involving the same parties (Davie and the City) that I participated in personally and substantially as a public servant.
8. Section 2604(d)(4) provides:
"No person who has served as a public servant shall appear, whether paid or unpaid, before the city, or receive compensation for any services rendered in relation to any particular matter involving the same party or parties with respect to which particular matter such person had participated personally and substantially as a public servant through decision, approval, recommendation, investigation or other similar activities."
9. I understand that my acting as a paid consultant to Davie with respect to the Project was improper and violated Charter § 2604(d)(4).
10. I represent that I am not currently acting as a consultant to Davie with respect to the Project nor shall I ever act as a consultant for Davie with respect to the Project without first seeking permission of the New York City Conflicts of Interest Board.
11. In acknowledgment of the foregoing, I agree to pay a fine of three thousand dollars ($3,000) to the Board, to be paid as follows: one thousand ($1,000) dollars simultaneous to my execution of this Disposition, one thousand ($1,000) dollars thirty (30) days thereafter and one thousand ($1,000) dollars sixty (60) days thereafter.
12. In addition, I acknowledge the late filing of my financial disclosure report for the year 1994 and agree to pay a late filing fee of an additional $100, to be paid simultaneously with my execution of this Disposition.
13. 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.
Vincent Fodera
Dated: June 22, 1998
The New York City Conflicts of Interest Board accepts this Disposition and the terms contained therein as a final disposition of the charges against Vincent Fodera in the above-captioned case.
The Conflicts of Interest Board
Benito Romano
Acting Chair
Dated: May 22, 1998
FN1. In August 1996, DGS became a part of the Department of Citywide Administrative Services ("DCAS").