§ 1-13 Use of City Time and City Resources.
RCNY § 1-13
(a)Except as provided in subdivision 3 of this section, it shall be a violation of Section 2604(b)(2) of the Charter for any public servant to pursue personal and private activities during times when the public servant is required to perform services for the City.
(b)Except as provided in this section, it shall be a violation of Section 2604(b)(2) of the Charter for any public servant to use City letterhead, title, personnel, equipment, resources, supplies, or technology assets for any non-City purpose. For purposes of this subdivision "technology assets" includes but is not limited to e-mail accounts, internet access, and official social media accounts.
(c)(1) A public servant may perform volunteer services on behalf of a not-for-profit entity during times when such public servant is required to perform work for the City and may use City personnel, equipment, resources, supplies, and technology assets, but not City letterhead, their title or City email account(s), provided that (i) the public servant's agency head approves in writing the proposed volunteer services; and (ii) the Board determines that the proposed volunteer services advance the public servant's professional development, further the purposes and interests of the City, or benefit the public at large.
(2)The agency head approval required by paragraph (1) of this subdivision must be by the head of the agency served by the public servant, or by a deputy mayor if the public servant is an agency head. A public servant who is an elected official, including a District Attorney, is the agency head for the public servants employed by the elected official's agency or office. Public servants who are elected officials, including District Attorneys, may approve their own activities as agency heads pursuant to paragraph (1).
(d)A public servant engaging in a personal and private activity may use, or permit the use of, their City title in connection with print or online published work, teaching, or paid speaking engagements, under either of the following circumstances: (1) their City title is one of several biographical details used to identify such public servant; or (2) their City title is used to demonstrate such public servant's relevant professional qualifications provided that their City title is accompanied by a reasonably prominent disclaimer stating that the views expressed in the work, teaching, or speaking engagement do not necessarily represent the views of the agency or the City.
(e)(1) An agency head may designate a public servant to perform work on behalf of a not-for-profit corporation, association, or other such entity that operates on a not-for-profit basis, including serving as a board member or other position with fiduciary responsibilities provided that: (i) there is a demonstrated nexus between the proposed activity, the public servant's City job, and the mission of the public servant's agency; and such work furthers the agency's mission and is not undertaken primarily for the benefit or interests of the not-for-profit; (ii) the designated public servant takes no part in the entity's business dealings with the City at the entity or at his or her agency, except that Council Members may sponsor and vote on discretionary funding for the entity; and (iii) within 30 days the written designation is disclosed to the Conflicts of Interest Board and will be posted on the Board's website.
(3)The designation made pursuant to paragraph (1) and approval made pursuant to paragraph (2) of this subdivision must be by the head of the agency served by the public servant, or by a deputy mayor if the public servant is an agency head. A public servant who is an elected official, including a District Attorney, is the agency head for the public servants employed by the official's agency or office. A public servant who is an elected official, including a District Attorney, may provide the designation pursuant to paragraph (1) and the agency head approval pursuant to paragraph (2) for him or herself.
(f)An elected official, including a District Attorney, may use or permit the use of their City title in an endorsement of a candidate for elective office. No other public servant may use, or permit others to use, their City title to endorse another person's campaign for elective office. (Amended City Record 2/8/2019, eff. 3/10/2019; amended City Record 12/16/2019, eff. 1/15/2020; amended City Record 6/22/2020, eff. 7/22/2020)
