WEST VILLAGE — The city's Conflict of Interest Board issued a public warning to a community board member who took on a project that required review by her own community board.
Community Board 2 member Anita Brandt, an architect, took a job last summer restoring the façade of the historic Barrow Street eatery One If By Land, Two If By Sea.
The restaurant is in a historic district, and its management landed themselves in hot water after they removed an iconic arch that they claimed was crumbling.
The restoration of the façade would need to be approved by the city's Landmarks Preservation Commission. And any architect's plan would also require review by the board's landmarks committee.
Brandt is not only a member of CB2, but also a member of the Landmarks Committee.
Brandt had recused herself from voting on her own plan, which the Conflict of Interest Board said was the right thing to do. On top of that, Brandt recused herself from voting on any matters heard by the committee at that meeting.
But the agency said she should not have made the presentation at all.
Brandt agreed to make a warning letter from the COIB public "to provide guidance to others faced with similar situations," the letter stated.
"I think actually it was a good decision, and one that people will benefit from," Brandt told DNAinfo New York.
The COIB became aware of the issue from Brandt herself, when she called the agency to ask an on-staff lawyer if she had done anything wrong after DNAinfo New York reported on the presentation. The lawyer said she had, and advised her to formally self-report the incident, which she did in an email, the letter says.
"Community board members cannot represent private interests before their own community board," the letter states.
It quotes the City Charter, which prohibits community board members from appearing or making "any communication, for compensation, other than those involving ministerial matters" to their own community board "directly or indirectly on behalf of private interests in matters involving the city."
"Thus, your presentation of a private, paying client's architectural plans before the committee constituted an appearance before CB 2 in violation of the City Charter," the letter states.
The COIB said because Brandt self-reported, it chose not to take further action against her.
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The COIB noted that Brandt had asked the board's chair, Tobi Bergman, if it was okay to present the plans prior to doing so, and that Bergman had told her it was, as long as she recused herself.
"The advice of superiors, which, in this case, was inaccurate, does not absolve public servants from liability under the conflicts of interest board," the agency wrote in the letter.
Bergman declined to comment.
Brandt has previously said she would not give up the client, and confirmed to DNAinfo New York on Monday that she is still working on the project. She had made $7,500 from One If By Land, Two If By Sea as of Feb. 25, the COIB letter said.
"I called the [COIB] lawyer, I spoke with him at length. He said there was no problem at all as long as I don't use any undue influence," Brandt said, adding that community board members don't have a lot of influence with the LPC.
The LPC reviewed Brandt's design, which was presented by someone else, in September. Brandt had managed to get her plan approved by her committee, despite the fact that it did not include restoring the archway, but was unable to get approval from the LPC.
The agency asked for a greater effort to consider designs that would include restoration of the arch, as well as a more detailed presentation of the restaurant's current state, Brandt said. She said she expects to present a new design to the LPC at the end of March.
Brandt's proposal can be viewed online.
