WHEREAS, the parties have reached an agreement as to the complete and final resolution of this matter;

Transcription

1 IN THE MATTER OF CELESTE LUMPKINS-MOSES COIB CASE NO FEBRUARY 20, 2011 SUMMARY: The Board and the New York City Department of Education ( DOE ) concluded a three-way settlement with a DOE Secretary assigned to Paul Robeson High School who agreed to pay a $7,500 fine to DOE for using a DOE computer to perform work related to her private real estate business at times when she was supposed to be doing work for DOE. The DOE Secretary acknowledged that her conduct violated the City s conflicts of interest law, which prohibits a public servant from using City time or City resources to pursue private, non-city activities. COIB v. Lumpkins Moses, COIB Case No (2011). STIPULATION AND DISPOSITION: WHEREAS, disciplinary charges against Celeste Lumpkins-Moses (hereinafter referred to as Respondent ), a tenured secretary employed by the Department of Education of the City of New York (hereinafter referred to as Department ), assigned to Paul Robeson High School located in Brooklyn, pursuant to Education Law 3020-a; and WHEREAS, the parties desire to eliminate the need for a formal hearing, have held discussions where they were represented by counsel, have had all terms and conditions of this Post-Charge Stipulation of Settlement (hereinafter referred to as Stipulation ) thoroughly explained and now freely consent to enter into this Stipulation; such consent not having been induced by fraud, duress, or any other influence; and WHEREAS, the New York City Department of Education, The New York City Conflicts of Interest Board and Respondent wish to resolve this matter on the following terms; and WHEREAS, the parties have reached an agreement as to the complete and final resolution of this matter; NOW IT IS HEREBY AGREED AND STIPULATED by and between said parties that this matter shall be fully resolved as follows: 1. Respondent admits that she has been employed by the Department since 1987, most recently as a secretary at Paul Robeson High School. 1

2 2. Respondent admits that during that time she was a public servant within the meaning of Chapter 68 of the New York City Charter ( Chapter 68 ). 3. Respondent acknowledges that she was charged pursuant to 3020-a of the Education Law and Chapter 68, pursuant to a Notice of Initial Determination of Probable Cause, based upon allegations that she conducted real estate related business as a real estate agent during times when she was supposed to be performing her full time job duties and responsibilities with the Department and using her Department computer during the , , and school years. 4. Respondent acknowledges that her conduct as outlined in paragraph 3, constitutes a violation of the Conflicts of Interest provisions of the New York City Charter administered by the Conflicts of Interest Board. 5. Respondent acknowledges that the conduct outlined in paragraph 3 is a violation of Chapter 68, specifically City Charter 2604(b)(2), pursuant to Board Rules 1-13 (a) and 1-13(b), which provide in relevant part: i. No public servant shall engage in any business, transaction or private employment, or have a financial or other private interest, direct or indirect, which is in direct conflict with the proper discharge of his or her official duties. [City Charter 2604(b)(2)] ii. [I]t shall be a violation of City Charter 2604(b)(2) for any public servant to pursue personal and private activities during times when the public servant is required to perform services for the City. [Board Rules 1-13(a)] iii. [I]t shall be a violation of City Charter 2604(b)(2) for any public servant to use City Letterhead, personnel, equipment, resources, or supplies for any non City purpose. [Board Rules 1-13(b)] 2

3 6. Respondent acknowledges that timely charges were filed and served upon her under the provisions of 3020-a of the Education Law. 7. Subject to the terms and conditions enumerated in this stipulation of settlement, the Department agrees to withdraw the aforementioned 3020-a charges with prejudice and agrees that no further charges will be brought against the Respondent based upon any conduct or condition which relates to the investigation, charges and occurrences arising out of this matter up to and including the date of execution of this stipulation, by the parties. 8. Nothing in the agreement curtails any rights Respondent may have under Article 78 of the C.P.L.R. 9. Respondent agrees to pay a fine in the amount of seven thousand five hundred dollars ($7,500.00) payable in equal installments over eighteen (18) months via payroll deductions. This fine will be deducted from Respondent s salary payable in equal installments by payroll deductions over (18) eighteen months, commencing with the issuance of Respondent s next paycheck following execution of this stipulation and after the terms of this provision are conveyed to the necessary Department payroll staff. Deductions are to continue until full payment is made. Respondent agrees to be solely liable for the payment of the above fine. Respondent further understands and agrees that in the event she leaves the Department of Education prior to completing full payment of said fine, any remaining balance will be due at the time Respondent receives her last paycheck and shall be deducted from her final entitlement. Should Respondent s final entitlement not be sufficient to settle the remaining balance of the fine, Respondent understands and agrees that she must pay any remaining balance at that time. 10. Upon full execution of this stipulation, Respondent shall be reassigned at the discretion of the Superintendent or their designee in accordance with the terms of the current DOE/UFT contract. Respondent understands that the Superintendent or their designee may place Respondent in the Absent Teacher Reserve pool ( ATR ). 3

4 Respondent will be free to compete for any open position within the Department for which she is licensed and qualified. 11. Respondent agrees that if she is ever brought up on Education Law 3020-a charges in the future, the hearing officer will be entitled to consider this stipulation of settlement for the purposes of notice. If the Respondent is subsequently found guilty of Education Law 3020-a charges, the hearing officer will be entitled to consider this stipulation for the purpose of assessing an appropriate penalty. 12. Respondent affirms that she has entered into this agreement freely, knowingly and openly, without coercion or duress and that she has voluntarily waived all statutory, contractual, constitutional or other rights she may have held in this matter for a hearing in accordance with Education Law 3020-a. 13. Respondent affirms that she has had access to counsel in reaching this agreement and has consulted with counsel regarding the terms of this Stipulation and has entered into this agreement with advice and consent. 14. Respondent agrees that this stipulation is a public and final resolution of the charges against her. 15. Respondent understands that an executed copy of this Stipulation shall be maintained in her personnel file and in the files of the Superintendent s Office, the Office of Legal Services, and the New York City Conflicts of Interest Board. 16. The parties knowingly waive their right to make any legal or equitable claims, or to initiate legal or administrative proceedings of any kind against each other or any employee or agent thereof, relating to or arising out of the facts and circumstances of this case, except to enforce this Stipulation. Respondent further agrees to withdraw any such claims or actions that may have been commenced in any forum whatsoever arising out of the facts and circumstances of this case including any grievances filed pursuant to the collective bargaining agreement. 4

5 17. The Conflict of Interest Board accepts this disposition and the terms contained herein as a final disposition of case # , and affirmatively states that other than as recited herein, no further action will be taken by the Board against Respondent based upon the facts and circumstances set forth, in that case or in the 3020-a charges, except that the Board shall be entitled to take any and all actions necessary to enforce the termsof this disposition. 18. Nothing is this Stipulation shall be deemed to be a practice or policy of the Department. This written agreement contains all the terms and conditions agreed upon by the parties hereto and no other agreement, oral or otherwise, regarding said allegations and charges shall be deemed to exist or to bind the parties hereto or to vary any of the terms contained herein. /s/ 12/14/2010 Celeste Lumpkins-Moses Respondent /s/ 12/14/2010 Richard E. Casagrande, Esq. Attorney for Respondent 52 Broadway, 9 th Floor New York, New York Lori Smith, Esq. /s/ 12/14/2010 Theresa Europe, Esq. Attorney for Complainant Office of Legal Services NYC Department of Education 51 Chambers Street Room 604 New York, New York By: Frances Hopson Esq. 5

6 /s/ 12/17/2010 Katherine Kefalas, Principal Paul Robeson High School /s/ 12/10/2011 Steven B. Rosenfeld Chair Conflicts of Interest Board Of the City of New York 2 Lafayette Street, Suite 1010 New York, New York