conflicts of interest Subscribe to RSS - conflicts of interest

Adopted Rules: Closed to Comments

Adopted Rules Content: 

NOTICE IS HEREBY GIVEN PURSUANT TO THE AUTHORITY VESTED IN THE NEW YORK CITY CONFLICTS OF INTEREST BOARD by Section 1043 of the City Charter and Section 3-907 of the New York City Administrative Code that the Conflicts of Interest Board has adopted Board Rules regarding community board service.

The proposed Rules were published in the City Record on August 27, 2019, and a public hearing was held on September 27, 2019. After consideration of the testimony and written comments received, the Conflicts of Interest Board now adopts the following Rules.

Effective Date: 
Sat, 11/23/2019

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Friday, September 27, 2019
Proposed Rules Content: 

What are we proposing?  The Conflicts of Interest Board proposes to adopt rules regarding community board service.

What authorizes the Conflicts of Interest Board to make this rule?  Sections 1043 and 2603(a) of the City Charter authorize the Conflicts of Interest Board to make this proposed rule.  This proposed rule was not included in the Conflicts of Interest Board's regulatory agenda for this Fiscal Year because it was not contemplated when the Conflicts of Interest Board published the agenda.

The full text of the proposed rule and statement of basis and purpose are available on the attached PDF.

Subject: 

What are we proposing?  The Conflicts of Interest Board proposes to adopt rules regarding community board service.

Location: 
Spector Hall
22 Reade Street
New York, NY 10007
Contact: 

Julia Lee, lee@coib.nyc.gov

Download Copy of Proposed Rule (.pdf): 

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Thursday, April 11, 2019
Proposed Rules Content: 

Statement of Basis and Purpose of Proposed Rule

Background About the Board of Standards and Appeals

Since 1916 the Board of Standards and Appeals (the “Board”) has worked to administer zoning, building, and housing regulations in a fair and just manner to protect the City’s interest in safeguarding the general welfare while balancing private property interests.

Under the New York City Charter, the Board is an independent agency that consists of five full-time commissioners. Three commissioners are required to have experience in architecture, urban planning, and engineering, and at the present time the Board’s two other commissioners have knowledge of real-property feasibility analysis and applicable law. Using their technical expertise and independent judgment, each commissioner scrutinizes every land use application with the utmost of care.

For each application, the Board holds hearings that are open to the general public where applicants and their team of design professionals present proposals to the Board. Other stakeholders, including tenants, members of the community, other government agencies, and elected officials, are also welcome to present additional information that the Board should consider before voting on an application. Commissioners’ reviews frequently require analyzing intricate construction documents, financial statements, testimony from other government agencies, and site conditions observed through visits to the properties and neighborhoods at issue. After considering the record in its entirety and deliberating, the Board votes on an application. A majority of the Board must affirmatively approve an application; otherwise, the application is denied.

Purpose of Proposed Rule

In recent public hearings, it has come to light that many stakeholders are not aware of how the Board’s commissioners review applications, what evidence commissioners consider, and the specific policies the Board has had in place for years to promote the transparency, integrity, and independence of the Board’s rigorous review process.

Accordingly, this rule aims to promote transparency by codifying existing, longstanding policies and practices that the Board has set in place and establishing procedures to ensure adherence to such policies.

To this end, once an application has been filed, the Board’s commissioners do not communicate with applicants, opposing parties or their counsel, elected officials, or other stakeholders regarding the pending application. Moreover, in rendering their decisions, the commissioners do not consider testimony or communications that do not appear in the application record. Because the Board is dedicated to maintaining the transparency of its processes, anyone wishing to view or obtain a copy of the application record—that is, the specific evidence the Board is considering when deliberating on an application and upon which its decision is based—is welcome to do so by contacting the Board’s office or visiting the Board’s website for further instructions.

Finally, the Board is cognizant that its commissioners serve as impartial arbiters, and thus this rule sets forth standards to preserve the integrity of the Board’s decision-making process and to avoid any appearance of impropriety.

The Board of Standards and Appeals’ authority for these rules is found in sections 666 and 1043 of the New York City Charter.

Subject: 

Preventing Conflicts of Interest Among BSA Board Members

Contact: 

No contact

Download Copy of Proposed Rule (.pdf):