CAO 98-35 CITY OF MIAMI BEACH
OFFICE OF THE CITY ATTORNEY
MEMORANDUM
TO:
FROM:
SUBJECT:
DATE:
Sergio Rodriguez
City Manager
Request for Exception to Conflict of Interest Prohibition under the Provisions of 24
C.F.R., Section 570.611 on behalf of Gary Knight
C.A.O. NO. 98-35
C.M.O. NO. 3-12/98
January 21, 1999
In CAO No. 98-29 (see a,~;tached Exhibit A) this office opined that Gary Knight~, a fo.ner
member of the Community Development Advisory Committee (CDAC), would have a conflict of
interest under Federal law -- specifically, 24 C.F.R., Section 570.61 l(b) -- were Mr.'Knight to
continue to serve as a CDAC member, given his appointment as Executive Director of ArtCenter of
South Florida (ArtCenter), a sub-recipient of Community Development Block Grant (GDBG)
Program funds.
Accordingly, a request for an exemption to conflict of interest has been transmitted to HUD
on Mr. Knight's behalf. Pursuant to 24 C.F.R., Section 570.61 l(d)(1), waiver consideration requires
an opinion of the City Attomey's that the interest for which the exception is sought would not violate
state or local law; accordingly, I hereby opine that the facts upon which Mr. Knight's waiver request
is based do not constitute a conflict of interest under state or local law.
Christina M. Cuervo, Assistant City Manager
Cheryl Marken, Community Development Specialist
~ The letter attached hereto (Exhibit B) from Christina Cuervo, City of Miami Beach
Assistant City Manager, to Jose Cintron, Florida State Coordinator, U.S. Department of HUD,
requesting waiver of conflict of interest, states that Mr. Knight no longer serves as a member of
CDAC.