City Officials' Overseas Excursions Highlight Lack Of Transparency

The Jewish Community Relations Council of New York, an umbrella advocacy group and resource network for more than 60 organizations throughout the metro area, has been flying delegations of elected officials from the five boroughs to Israel for years. In February, New York City Council Speaker Melissa Mark-Viverito and 14 of her fellow lawmakers spent nine days in the country. New York City Public Advocate Letitia James returned from the most recent such expedition this weekend.

On the surface this doesn't appear to pose any conflict of interest because JCRC is not registered to lobby in New York City and does not have business dealings with the government. However, the organization is an affiliate of a nonprofit that does—the United Jewish Appeal-Federation of New York. Both groups represent some of the same community groups, a number of which do have financial agreements with the city. In scenarios like this, elected officials often seek clearance from the city Conflicts of Interest Board before boarding the plane.

Mark-Viverito did go to the COIB before she took her trip, but her office has declined to share its correspondence with the COIB, which should raise eyebrows according Blair Horner, legislative director of New York Public Interest Research Group.

“They were concerned enough that they went to the COIB to get approval. They should make the rationale for why it was approved available to the public because, after all, they’re the public’s representatives,” Horner said. “It would be different if none of the groups that were involved had any business before the government.”

City personnel and officials may consult COIB if they are seeking guidance on what they can and cannot do under ethics protocols. The board, however, does not require officials to run trips by them and does not publicly release related advisory opinions. The speaker’s office said the COIB did not include any guidance or conditions when green-lighting the lawmakers’ trip.

What raises eyebrows about all this is that news outlets reported that the UJA co-sponsored Mark-Viverito’s trip. UJA, a philanthropic organization that funds groups focused on aiding those in need and fostering Jewish life, has lobbied the city government and has an economic development agreement with the city. When asked the nonprofit said it did not finance any excursions with the JCRC.

What the UJA does do is provide about one-third of the JCRC’s operating budget. UJA’s 2014-15 grants have been funneled into more than 15 organizations that also fall under JCRC’s umbrella. JCRC described the crux of its relationship with member organizations as providing a platform for coordinating community relations and programming, rather than financial assistance.

UJA’s most recent lobbying disclosure report shows it spent $1,989.23 pressing budget and legislative priorities with city officials and agencies this January and February, which includes the period when city lawmakers traveled to Israel with Mark-Viverito. Its representatives met with a number of the City Council members who participated in the trip.

Mark-Viverito’s office and Mark Levine, chairman of the Council’s Jewish Caucus, said no lobbying occurred on the trip.

“There was at least one rep from UJA on the trip, but they didn’t discuss anything related to city business or city lobbying of any sort. The entire trip was focused on local issues in Israel and the Palestinian territories,” Levine said, noting that UJA and JCRC are two distinct organizations and that their missions should not be conflated. “The UJA, via the City Council, is extremely focused on the budget and funding for its members agencies. JCRC has, as far as I know, no interest in the city budget. They are working to, among other things, build relationships among Jewish communities in New York and the broader city and to support Jewish communities in a variety of ways.”

UJA said it has not lobbied James. The public advocate’s office said it communicated with the COIB ahead of her trip, but declined to publicly share any correspondence. 

Besides UJA, at least two additional members of JCRC have lobbied city officials in the past two years. Eleven are engaged in financial transactions with the city, and therefore, on a list of those doing business with the government.

According to the COIB, city officials generally cannot accept gifts valued at $50 or more from people and firms with business before the city, unless that perk can be considered a gift to the city, Trips that could reasonably have been paid for with city funds and are limited to the time needed to accomplish their purpose may be viewed as gifts to the city, the COIB said. These expeditions serve a purpose for the city if they promote commercial, civil or cultural ties between the five boroughs and other communities or if they increase officials’ knowledge of their constituents’ cultures or of how other cities deal with common municipal problems, according to a COIB advisory opinion. 

The city has additional restrictions on what lobbyists can give to officials, as does the state.