HomeMy WebLinkAboutLetter3PjMENT
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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, FL 33131-3042
Mr. Hector Mirabile
Acting Director
City of Miami
Department of Community Development
444 SW 2nd Avenue, 2nd Floor
Miami, FL 33130
Dear Mr. Mirabile:
SUBJECT: Conflict of Interest Determination
l div a City at Miami
Dept. of Community Development
OCT 29 Mt
(RECTOR'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.
The regulations at 24 CFR 570.611(c) states that 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 process or gain
inside information with regard to CDBG activities, obtain financial interest or benefit from a
CDBG-assisted activity. Although the employee is not in a position to participate in the decision -
making process regarding CDBG activities, he/she is ostensibly in a position to gain inside
information. Therefore, a conflict does exist.
The Department can, however, grant an exception to the provisions of §570.611(b) on "a
vase -by -case basis" when it has satisfactorily met basic threshold requirements. Section
570.611(d)(2) provides the factors to be considered for exceptions. .
Through this process the City will have to make this matter public 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.
HUD's mission is to increase homeownership, support community
development and increase access to affordable housing free from discrimination.
www.hud.gov espanol.hud.gov