STATE OF NEW YORK
STATE ETHICS COMMISSION
Alfred E. Smith State Office Building
Albany, New York 12210
IN THE MATTER OF
STATE OF NEW YORK Alfred E. Smith State Office Building
Pursuant to Executive Law §94(12)(b), the New York State Ethics Commission (“Commission”) has determined that there is reasonable cause to believe that you violated the post-employment bar contained in Public Officers Law §73(8)(a)(I) when, within two years of leaving State service, you appeared and/or rendered services for compensation on a matter before the Office of Mental Retardation and Developmental Disabilities (“OMRDD”), your former appointing authority. These appearances occurred on January 13, 2003, January 31, 2003, February 26, 2003 and April 4, 2003, when you attended meetings on behalf of United Cerebral Palsy Association of Putnam and Southern Dutchess Counties, Inc. (“UCP Putnam”) with Tecton Architecture, P.C., regarding a relocation project, known as the Mt. Ebo Project, a matter before OMRDD, your former appointing authority. The objective of the Mt. Ebo Project is to construct a new facility for existing services, most of which are provided by UCP Putnam, and some of which are provided by OMRDD, the State Education Department and the Office of Mental Health.
The Commission has also determined that there is reasonable cause to believe that you violated the post-employment bar contained in Public Officers Law §73(8)(a)(ii) when you appeared and/or rendered services for compensation, on behalf of UCP Putnam, on the Mt. Ebo Project, a transaction in which you were directly concerned and personally participated, or actively considered while you were an OMRDD employee. During the time that you were a Developmental Disabilities Program Specialist I for the Taconic Developmental Disabilities Service Office (“TDDSO”), a unit of OMRDD, you were assigned to the Mt. Ebo Project, in Putnam County, the geographic area for which you were responsible. You were involved in the planning stage, the dialogue stage, and the site selection stage of the Mt. Ebo project.
As required by law, a copy of this notice is retained by the Commission for public inspection and a copy is forwarded to OMRDD, your former appointing authority. Please be advised that an individual who, following a hearing, is found to have knowingly and intentionally violated the provisions of Public Officers Law §73(8)(a)(I) or (ii) shall be subject to a civil penalty in an amount not to exceed ten thousand dollars ($10,000) for each violation. Because the acts alleged herein occurred prior to the enactment of the Public Employee Ethics Reform Act of 2007, the applicable laws shall be those in effect at the time of the alleged violations.
Date: _________________ By:_______________________
cc: Hon. Diana Jones Ritter
IN THE MATTER OF
1. This Agreement between the New York State Ethics Commission (“Commission”) and William Miller (“Miller”), a former Developmental Disabilities Disposition Agreement Program Specialist I at the Office of Mental Retardation and Developmental Disabilities (“OMRDD”), shall be considered the final disposition of the allegation of violation of Public Officers Law §73(8)(a)(i) and (ii) described in the Notice of Reasonable Cause (“Notice”) issued by the Commission on June 1, 2007, and attached hereto.
2. In consideration of the Commission’s agreement not to proceed further with enforcement proceedings, Miller admits to violating the Public Officers Law as set forth in the Notice, and agrees to pay $1,640 to the Commission within thirty days following execution of this Agreement. Payment shall be made by bank or certified check made payable to the State Ethics Commission. Fulfillment of this agreement shall terminate enforcement proceedings.
3. Miller agrees that he will, in all respects, abide by the terms of Public Officers Law §73(8)(a)(i) and (ii).
4. Miller agrees that neither he nor his agent will issue any public statement denying, directly or indirectly, the factual allegations in the Notice or creating the impression that the Notice is without factual basis.
6. If payment in full is not received within thirty days, or if Miller violates any of the terms of this Agreement, the Commission may declare this Agreement null and void and proceed to a hearing as if it had not been executed, or, in its discretion, pursue collection of the $1,640 payment provided for herein.
7. Once executed and delivered by both parties, the provisions of this Agreement shall constitute a legally binding agreement between the Commission and Miller. This Agreement may not be amended by either party, except by a writing duly executed and delivered by both parties hereto.
8. Miller waives any and all legal rights to challenge this final action and disposition in court, and further agrees to specifically refrain from commencing a CPLR Article 78 proceeding against the Commission, any State officer or employee or any public body based upon this matter.
State Ethics Commission by