CAO 99-07
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CITY OF MIAMI BEACH
DATE: MAY 14, 1999
TO:
SERGIO RODRIGUEZ, CITY MANAGER
MU~Y H. DUBBIN, CITY ATTORNEY^tl. ~
CAO #99-7: CONFLICT OF INTEREST: C~EMPLOYEE SEEKING USE
OF CDBG FUNDS.
FROM:
RE:
Pursuant to your request, I have researched the issue of whether Joseph Barella, City of
Miami Beach Public Works employee, may receive Community Development Block Grant funds.
For the reasons stated more fully below, Mr. Barella may receive these federal monies.
Under the facts provided, Mr. Joseph Barella, Street Light Operations Supervisor for the City
of Miami Beach, owns several apartment buildings and has applied for a matching grant to
rehabilitate one of these buildings under the City's Multi-Family Housing Rehabilitation Program
funded with Community Development Block Grant (CDBG) funds received from U.S. HUD. As
an employee with the Public Works Department, Mr. Barella's official duties do not bring him into
contact with the Community/Economic Development Department (which administers the Multi-
Family Housing Rehabilitation Program), nor does Mr. Barella have any contact with Community
Development Advisory Committee members, or have any other relationship with individuals
associated with CDBG funds or activities.
The subject Multi-Family Housing Rehabilitation Program IS governed by federal
regulations, and subject to the following conflict of interest provision:
No persons described in paragraph (cY of this section who exercise
or have exercised any functions or responsibilities with respect to
CDBG activities assisted under this part, or who are in a position to
participate in a decision making process or gain inside information
with regard to such activities, may obtain a financial interest or
benefit from a CDBG assisted activity, or have a fmancial interest in
any contract, subcontract, or agreement with respect to a CDBG
assisted activity, or with respect to the proceeds of the CDBG assisted
activity, either for themselves or those with whom they have family
or business ties, during their tenure or for one year thereafter.
I "The conflict of interest provisions of paragraph (b) of this section apply to any person
who is an employee. . . of the recipient, or of any designated public agencies, or subrecipients
which are receiving funds under this part." 24 C.F .R. Section 570.611 (c).
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To: Sergio Rodriguez, City Manager
From: Murray H. Dubbin, City Attorney
. Re: ' CAD #99-7
Date: May 14,1999
Page:. 2
24 C.F.R. Section ~70.611(b). No conflict of interest would exist under the federal conflict
provision inasmuch as the facts provided do not reveal any decision-making power nor inside
information of the subject public works employee. Moreover, no conflict of interest exists under
local law. Accordingly, no conflict of interest exists were Mr. Barella to receive the subject federal
funds.
cc: Christina M. Cuervo, Assistant City Manager
Miguell Del Campillo, Housing Division Director
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