IN THE MATTER OF LEONARD GRECO COIB CASE NO.

2008-423 SEPTEMBER 11, 2008 SUMMARY: The Board fined a Vice President for the New York City Economic Development Corporation (EDC) for accepting the gift of four meals at New York City restaurants, two valued individually and two valued collectively in excess of $50.00, from Kiska Construction, a firm doing business with EDC and the Department of Parks and Recreation. Kiska had been awarded three major contracts by EDC related to construction at a project for which the Vice President served as Lead Project Manager. The Vice President acknowledged that his conduct violated the Citys conflicts of interest law, which prohibits a public servant from accepting a valuable gift defined by Board Rules as anything which has a value of $50.00 or more, whether it be in the form of money, service, loan, travel, entertainment, hospitality, thing, or promise, or any other form from a firm doing business with the City. COIB v. Greco, COIB Case No. 2008423 (2008).

STIPULATION AND DISPOSITION: WHEREAS, the New York City Conflicts of Interest Board (the Board) and Respondent Leonard Greco wish to resolve this matter on the following terms, Respondent Leonard Greco states the following: 1. From August 6, 2001, to the present, I have been employed by the New York City Economic Development Corporation (EDC), most recently as Vice President. 2. During the time of my EDC employment, pursuant to EDCs contract with the City of New York, as an EDC employee, I was subject to Chapter 68 of the City Charter (Chapter 68). 3. At EDC, I have served as the lead Project Manager for a project involving the restoration of certain property owned by the City of New York and managed by the New York City Department of Parks and Recreation (hereinafter, the Project). 4. Three contracts related to construction for the Project have been awarded by EDC to Kiska Construction (Kiska) through three separate procurements. As such, Kiska is a firm which I knew was engaged in and intended to be engaged in business dealings with the City. 5. On May 25, 2007, the Friday before Memorial Day weekend, Kiska hosted a barbecue for approximately 100 people, including members of its construction crew and project staff at the Project. I attended this barbecue, along with my supervisors and other supervisory and project management staff at EDC, some of whom were

subordinate to me. I have been informed by the Board that the cost of the barbecue was approximately $35.64 per person, paid by Kiska. 6. On June 20, 2007, a not-for-profit organization hosted a cocktail reception and fundraiser for the Project. Prior to the reception, Kiska hosted an informal dinner for its employees and other project staff at Morans steakhouse. I was invited to this dinner, along with my supervisor at EDC and another EDC employee who was subordinate to me, neither of whom attended. I attended this dinner along with approximately 10 to 12 employees of Kiska and of the resident engineering team at the Project. I am informed by the Board that the cost of the meal was approximately $63.85 per person, paid by Kiska. 7. On July 11, 2007, when it won the second contract for the Project, Kiska arranged for a dinner at the restaurant Vento. I attended this dinner, along with approximately 30 people, mostly Kiska employees and the private resident engineering team at the Project, as well as my supervisor and another EDC project manager who was subordinate to me. I am informed by the Board that the cost of the meal was approximately $50.28 per person, paid by Kiska. 8. On August 31, 2007, Kiska hosted a luncheon for approximately 15 to 20 people at the restaurant Turkish Kitchen. I attended this luncheon, along with employees of Kiska and of the resident engineering team at the Project, as well as my supervisor and another EDC project manager who was subordinate to me. I am informed by the Board that the cost of the meal was approximately $47.96 per person, paid by Kiska. 9. I acknowledge that by accepting meals that either individually or in the aggregate exceeded $50.00 in value within a twelve-month period from the same firm doing business and seeking to do business with the City of New York, I violated Chapter 68, specifically City Charter 2604(b)(5) and Board Rules 1-01(a), which state respectively: No public servant shall accept any valuable gift, as defined by rule of the board, from any person or firm which such public servant knows is or intends to become engaged in business dealings with the city, except that nothing contained herein shall prohibit a public servant from accepting a gift which is customary on family and social occasions. [City Charter 2604(b)(5)] For the purposes of Charter 2604(b)(5), a valuable gift means any gift to a public servant which has a value of $50.00 or more, whether in the form of money, service, loan, travel, entertainment, hospitality, thing or promise, or in any other form. Two or more gifts to a public servant shall be deemed to be a single gift for the purposes of this subdivision and Charter 2604(b)(5) if they are given to the public servant within a twelve-month period under one or more of the following circumstances: (1) they are given by the same person; and/or (2) they are given by persons

who the public servant knows or should know are (i) relatives or domestic partners of one another; or (ii) are directors, trustees, or employees of the same firm or affiliated firms. [Board Rules 1-01(a)] 10. In recognition of the foregoing, I agree to pay a fine of $2,000.00 (Two Thousand Dollars), to be paid to the Board upon signature of this Disposition, by money order or by cashier, bank, or certified check made payable to the New York City Conflicts of Interest Board. 11. against me. I agree that this Disposition is a public and final resolution of the charges

12. I knowingly waive on my behalf and on behalf of my successors and assigns any rights to commence any judicial or administrative proceeding or appeal before any court of competent jurisdiction, administrative tribunal, political subdivision, or office of the City or the State of New York or the United States, and to contest the lawfulness, authority, jurisdiction, or power of the Board in imposing the penalty which is embodied in this Disposition, and I waive any right to make any legal or equitable claims or to initiate legal proceedings of any kind against the Board or any members or employees thereof relating to or arising out of this Disposition or the matters recited therein. 13. I confirm that I have entered into this Disposition freely, knowingly, and intentionally, without coercion or duress, and after having been represented by an attorney of my choice; that I accept all terms and conditions contained herein without reliance on any other promises or offers previously made or tendered by any past or present representative of the Board; and that I fully understand all the terms of this Disposition. 14. Any material misstatement of the facts of this matter, including of the Disposition, by me or by my attorney or agent shall, at the discretion of the Board, be deemed a waiver of confidentiality of this matter. 15. The Board accepts this Disposition and the terms contained herein as a final disposition of the above-captioned matter only, 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 herein, except that the Board shall be entitled to take any and all actions necessary to enforce the terms of this Disposition.

16. This Disposition shall not be effective until all parties have affixed their signatures below.

Dated: August 29, 2008

/s/ Leonard Greco Respondent

Dated: September 2, 2008

/s/ Walter A. Kretz, Jr. Seiff Kretz & Abercrombie Counsel for Respondent

Dated: September 11, 2008

/s/ Steven B. Rosenfeld Chair NYC Conflicts of Interest Board