HomeMy WebLinkAboutLetter•
a0.0AtNrur
ti
' �
o
4.:44N Oestv-PQ
October 23, 2007
U.S. Department of Housing and Urban Development
Atlanta Region, Miami Field Office
Brickell Plaza Federal Building
909 SE First Avenue, Rm. 500
Miami. FC 33131.3042
Mr. Hector Mirabile
Acting Director
City of Miami
Department of Community Development
444 SW 2n4 Avenue. 244 Floor
Miami, FL 33130
Dear Mr. Mirabile:
SUBJECT: Conflict of Interest Determination
wd • C1 of
nif
Dept of Community Devo Damara
OCT 2910Q1
DIRECTOR'S OFFICE
Our office has received the City's letter dated September 24, 2007, requesting a conflict of
interest determination for a City employee. Based on the information provided by the City, our
office has determined that in this specific case, the conflict provisions at 24 CFR 570.611(c) applies
to the City employee.
1Drr. regulations at 24 CFR 570.611(c) states thai the conflict of interest provisions apply to
any person who is an employee of the recipient or any designated public agency. A conflict is
deemed to exist if the person is in a position to participate in a decision -making prneess or gain
inside information with regard to CDBG activities, obtain financial interest or benefit frum a
CDBO-assisted activity. Although the employee is not in a position to participate in the decision -
making process regarding CDBti activities, he/she is ostensibly in a position to gain inside
information. Thcrcfote, a conflict does exist.
The Department can, however, grant an exception to the provisions of §570.611(b) on "a
case-hy-case basis" when it has satisfactorily met basic threshold requirements. Section
570.611(d)(2) provides the factors to he considered for exceptions. .
Through this process the City will have to make this rnatterpublic and should have a policy
in place for all City employees. The City is advised to submit its request for an exception to this
office.
J1 UD's mission is to increase hameown ershtp, .support community
development and increase access to affordable limning free from discraninunlon.
www.hud.gav m'paooLhud.Qov
If you have any questions. please contact Leticia iharra, Community Planning and
Development Representative at (305) 536-5678 x 2304 or e-mail at Leticia.Ibarra@hud. ov.
Tina R. Ortiz
Director
Community Planning and
Development Division
cc: Ann D. Chavis, Pmgram Manager, U.S.IIUD
Honorable Manuel A. Diaz, Mayor, City of Miami
Pedro G. Hernandez, City Manager, City of Miami