Letter To Doi & Coib

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 June 7, 2020 Hon. Margaret Garnett Commissioner  New York City Department of Investigation 180 Maiden Lane  New York, NY 10038 Hon. Jeffrey D. Friedlander Chair  New York City Conflicts of Interest Board 2 Lafayette Street, Suite 1010  New York, NY 10007 Dear Commissioner Garnett and Chair Friedlander: On May 31, 2020, an internal, unredacted New York City Police Department (NYPD) arrest record containing confidential personal information relating to the Mayor's daughter, Chiara de Blasio, was publicly released over social media. In response to this relea
se, the Mayor stated: “The S.B.A. [the Sergeants Benevolent Association, which
represents sergeants in the New York City Police Department] did something unconscionable, and it's not just because it's my daughter. They do this all the time with  people's privacy. When they leak information on someone, it's absolutely
inappropriate.”
 See Dana Rubinstein and Jeffery C. Mays,
Police Union Discloses Arrest of de Blasio's Daughter in Privacy Breach
, NY Times, Jun. 1, 2020 (emphasis added). We believe that (1) a release like this would not be possible without a violation of section 2604(b)(4) of the New York City Charter (the Charter), which, except under specific circumstances inapplicable here, prohibits public servants from publicly disclosing
“any
confidential information concerning the property, affairs or government of the city which is obtained as a result of the official duties of such public servant and which is not
otherwise available to the public” and (2) particularly if similar releases are frequently
occurring, as alleged by the Mayor, such releases may additionally involve a violation of
section 4(d) of Executive Order 16/1978, which requires City officers and employees “to
report, directly and without undue delay, to the Commissioner [of Investigations] or an Inspector General any and all information concerning conduct which they know or should reasonably know to involve corrupt or other criminal activity or conflict of interest... by another City officer or employee, which concerns his or her office or employment...."
 
THE COUNCIL
OF
 
THE CITY OF NEW YORK 
 
CITY HALL
 
 NEW YORK, NY 10007
 
COREY JOHNSON
 
SPEAKER  
TELEPHONE
(212) 788-7210
5
 
 
2 We are also concerned that the timing of this release
 – 
 in the midst of severe public unrest
 – 
 strongly suggests willful conduct calculated to inflict personal harm on the Mayor and a member of his family. While we have grave concerns regarding the Mayor's handling of the mass demonstrations now roiling our City, a personal reprisal of this sort is wholly unacceptable, cannot be tolerated, and, if sustained, warrants imposition of the full penalties available under section 2606 of the Charter for violations of this nature. Accordingly, pursuant to section 2603(g)(2) of the Charter, we are referring this matter (both the individual release relating to Chiara de Blasio and the broader allegation by the Mayor that releases of this sort are commonplace) to the Conflicts of Interest Board for  prompt review, investigation in coordination with the Department of Investigation (DOI), and the imposition of appropriate penalties. Further, pursuant to section 803 of the Charter, as Speaker of the New York City Council and Chair of the New York City Council's Committee on Oversight and Investigations, respectively, we are hereby directing DOI to immediately undertake an investigation to determine whether this matter (both the individual release relating to Chiara de Blasio and the broader allegation by the Mayor that releases of this sort are commonplace) involves violations of section 4(d) of Executive Order 16/1978 or any other applicable laws, rules, or orders. Sincerely,
C
OREY
J
OHNSON
 
Speaker
R
ITCHIE
T
ORRES
 
Chair, Committee on Oversight & Investigations
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