CAO 02-09 CITY OF MIAMI BEACH
OFFICE OF THE CITY ATTORNEY
MEMORANDUM
TO: Jorge M. Gonzalez C.M.O. No. 1-6/02
City Manager C.A.O. No. 02-09
Murray H. Dubb~~1~!~[1~/~''
City Attorney /~1{
Conflict of Interest Opinion on Natascia Ayers Deshayes
FROM:
SUBJECT:
DATE:
June 19, 2002
Pursuant to your request, I have researched the issue of whether Natascia Ayers Deshayes,
City of Miami Beach Debmment Committee Board member, has a conflict of interest in light of the
fact that the lawfirm which employs her represents the City on worker's compensation cases. As is
explained more fully below, Ms. Deshayes does not have a conflict of interest.
Ms. Deshayes began her employment with Miller, Kagan, Rodriguez and Silver prior to her
January 9, 2002 Board appointment date. Ms. Deshayes has stated that she has no financial interest
with the City of Miami Beach, other than the fact that her law fim~ represents the City as worker's
compensation counsel. Ms. Deshayes does not receive any special benefit (pecuniary or otherwise)
resulting from her employer's contract with the City, nor does Ms. Deshayes have any controlling
financial interest in her employer entity) Finally, issues relating to worker's compensation matters
are outside the jurisdiction of the Debarment Committee.
In light of the stated, facts, no conflict exists under County or City of Miami Beach law.
With regard to state law, given the fact that Ms. Deshayes' employment with her lawfi~m employer
began prior to her January 9, 2002 appointment to the City's Debarment Committee, a conflict of
interest does not exist2.
JKO~w
F:L~tTTOkO LLI~C AO- LTC~02 -09.CAO
i The relevant definition of "controlling financial interest"is the ownership, directly or
indirectly, of 10% or more of the outstanding capital stock in any corporation, or a direct or indirect
interest or more in a firm, partnership, or other business entity. Miami-Dade County Code Section
2-1 l(d).
2 Although Section 112.313(7), Florida Statutes prohibits a City Board member from being
an employee of an entity which has a contract with the City, an exception to this prohibition exists
when the subject employment began prior to appointment to public Office. SeCtion 112.313(3)(c);
Florida Statutes.
To:
From:
Subject:
f'r ~i :0i~ ~ ~ , ,
Murray H. ~ubbih~ ,;; ~!,~
City Attorney ~,~//f~
Jorge M Gonzalez '
City Manager
CITY OF MIAMI BEACH
Office of the City Manager
Request for Legal Opinion
C.M.O. Number: I- ~/o~. ~
Date: June 6, 2002
CONFLICT OF INTEREST OPINION ON NATASCIA AYERS DESHAYES
Please provide this office with a legal opinion relative to the following conflict of interest
issues:
Does Attorney Natascia Ayers Deshayes have a conflict of interest by serving as a
member of the Debarment Committee since her law firm represents the City on
workers compensation cases?
2. Should your legal opinion state that Ms. Deshayes does have an actual conflict of
interest, are there any waiver provisions?
Facts:
2.
3.
4.
Commissioner Cruz appointed Ms. Natascia Ayers Deshayes on January 9,
2002, to serve as a member of the Debarment Committee (the "Committee).
Ms. Deshayes is an Attorney with the law offices of Miller Kagan Rodriguez &
Silver.
The law offices of Miller Kagan Roddguez & Silver are currently providing legal
services (i.e. workers compensation cases) to the City of Miami Beach.
Ordinance No. 2000-3235, adopted March 15, 2000, established the Committee
and said Ordinance has been codified as Division 29, Section 2-190.128 through
2-190.133.
The Committee is vested with the power and authority to conduct quasi-judicial
hearings, as authorized and provided in sections 2-511 through 2-513 of the City
Code, with regard to debarment procedures and to impose penalties, all as more
specifically set forth in sections 2-397 through 2-406.
Please advise if additional information is needed.
c: Mayra Diaz Buttacavoli, Assistant City Manager
Gus Lopez, Procurement Director
F:\PURC\$ALL\GUS\CITYMGR\Natascia. doc