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THE CITY OF NEW YORK CONFLICTS OF INTEREST BOARD

In the Matter of

DISPOSITION

JOHN BOUGIAMAS COIB Case No. 2014-667

Respondent.

WHEREAS, pursuant to Section 2603(h)(1) of Chapter 68 of the New York City Charter, the New York City Conflicts of Interest Board (the Board) commenced an enforcement action against John Bougiamas (Respondent) alleging violations of provisions of the City of New Yorks conflicts of interest law, Chapter 68 of the New York City Charter (Chapter 68); and

WHEREAS, the Board and Respondent wish to resolve this matter on the following terms,

IT IS HEREBY AGREED by and between the parties as follows:

1. Respondent admits to the following:

a. From January 5, 2009, to September 15, 2014, I was employed by the New York City Board of Elections (BOE). As such, I was a public servant within the meaning of and subject to Chapter 68.

b. At all times stated herein, I had ownership interests in and positions with 360 Consultants, which provides website design and development and technical support services to private clients, and Pharos Group, Inc., which markets data services to political campaigns and related entities.

c. In or around March 2012, while I was working as a supervisor in the BOE Queens Borough Office, I engaged a subordinate BOE employee (herein, the BOE Employee) to work for 360 Consultants. The BOE Employee generally performed this work without compensation, with the exception of one project, for he received $500 as compensation.

d. Although I was unaware at the time, I now understand that, by hiring a subordinate City employee to work for me at my private company, I violated City Charter 2604(b)(14), which provides: No public servant shall enter

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into any business or financial relationship with another public servant who is a superior or subordinate of such public servant.

e. Between December 10, 2012, and February 6, 2013, I used my BOE email account on approximately seven occasions for purposes related to my non-City businesses, 360 Consultants and Pharos Group, including to communicate with the BOE Employee.

f. I acknowledge that, by using my BOE email account for these non-City purposes, I violated City Charter 2604(b)(2) pursuant to Board Rules 1-13(b). City Charter 2604(b)(2) provides: No public servant shall engage in any business, transaction or private employment, or have any financial or other private interest, direct or indirect, which is in conflict with the proper discharge of his or her official duties. Board Rules 1-13(b) provides in relevant part: it 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.

2. At the September 4, 2014, meeting of the Commissioners of Election, the Commissioners voted to suspend Respondent without pay pending a disciplinary hearing concerning the above conduct. In resolution of the pending administrative action, Respondent tendered his resignation effective September 15, 2014. The Board accepts, as sufficient penalty for the violations of Chapter 68 cited above, Respondents suspension without pay and resignation.

3. Respondent agrees to the following:

a. This disposition is a public and final resolution of the Boards charges against me.

b. 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.

c. I confirm that I have had the opportunity to be represented by an attorney of my choice in this proceeding and have declined such representation; that I have entered into this disposition freely, knowingly, and intentionally, without coercion or duress; that I accept all terms and conditions contained herein without reliance on any other promises or offers previously made or tendered

DISPOSITION