Reminder of the ethical obligations governing usage of city resources. Chapter 68 of the New York City Charter establishes clear rules for all municipal employees.
The Fundamental Rule
New York City’s Conflicts of Interest Board (COIB) and city charter explicitly forbid the misuse of city assets for private gain: “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.”
- The full text of these regulations can be found in Chapter 68 of the NYC Charter.
- The COIB has also published a plain language guide to these rules.
Prohibited Uses of City Resources for Position and Influence
Using your city role to receive preferential treatment, such as obtaining a faster inspection for a relative’s restaurant, is strictly prohibited. More details about misuse of position can be found here.
Technology and Communications
Acceptable Use Policy and Policy on Limited Personal Use of City Office and Technology Resources
- City property for private business: Phones, computers, and other city equipment cannot be used for personal business ventures
- Official letterhead: City letterhead is reserved strictly for city business and cannot be used for personal correspondence
- No privacy expectation: Employees have no right to privacy while using city resources, and all activity can be monitored
Time Theft
City employees are expected to perform city services during work hours. Time theft includes:
- Logging into work and then engaging in personal activities (watching TV, doing chores)
- Taking extended breaks or frequent short breaks
- Running errands or engaging in personal activities during work hours without making up the time
- Falsifying timesheets by logging more hours than actually worked
Vehicle Use is strictly governed by agency-specific rules based on citywide guidelines:
- Personal use limitations: Generally limited to commuting to and from work
- Taxable benefit: The fair market value of personal commuting must be reported as income on W-2 forms
- Cost reimbursement: Employees must reimburse the city for associated costs such as tolls
- Documentation required: Employees must substantiate their business use with documentation; if they cannot, all mileage is considered personal
- Approval necessary: Vehicle use must be approved by agency fleet and transportation coordinators
- The city’s official vehicle guidelines can be found in the City Vehicle Driver Handbook. Additional fleet rules are detailed here.
Limited Exceptions for “Incidental” Use
Some minimal personal use is permitted under a “reason and common sense” standard, though policies vary by agency:
- Brief personal calls: Occasional, short personal phone calls are typically acceptable
- Medical emergencies: Using city resources for medical or other emergencies is not prohibited
- Non-profit volunteering: May be allowed with prior written approval from both the agency head and COIB
Enforcement and Penalties: Disciplinary Actions
- Suspension without pay
- Termination from employment
- Fines up to $25,000
Criminal Charges
- Petit Larceny: Theft up to $1,000 (Class A misdemeanor)
- Grand Larceny: Theft over $1,000 (Class E felony)
- Monetary penalties: Restitution for stolen time
- More information about oversight and accountability measures can be found here.
Investigation Authority: Monitoring and Oversight
The NYC Department of Investigation (DOI) is responsible for investigating fraud, waste, and corruption by city employees. The NYC Comptroller’s Office regularly audits city agencies to ensure proper monitoring of vehicle use and other resources.
- Who to contact: File complaints with DOI, call 311, or report to your agency’s Inspector General’s office
- Whistleblower protection: City employees who report misconduct are protected from retaliation under the city’s whistleblower law
