Loading...
OIG No. 21-16: Investigation of Unauthorized Outside Employment InvestigationJoseph M. Centorino, Inspector General TO: FROM: DATE: RE: Honorable Mayor and Members of the City Commission Joseph Centorino, Inspector General March 4, 2021 Unauthorized Outside Employment Investigation OIG No. 21-16 This investigation was opened upon receipt of information by the OIG from a confidential source, alleging that the subject, Justin Karr, Real Estate Asset Specialist in the City of Miami Beach Department of Economic Development, engaged in unauthorized outside employment during the time he was employed by the City. Specifically, it was alleged that Karr, an attorney, had been representing private clients, using his City email to communicate with them, without obtaining authorization from the City as required by City policy; and that he also failed to file a disclosure of such employment pursuant to Miami-Dade County Code Section 2-11.1 (k)(2). The OIG obtained records from the subject's City computer that confirmed that he had, in fact, utilized his City computer to communicate by email with persons who appeared to be private legal clients, including family members. The emails from the City computer included the City's logo. There were also other documents found there which were related to his private work, including one which showed compensation to him in the amount of $1732 during 2019. It should be noted that some of the suspected private client work may have involved small business assistance that was consistent with Mr. Karr's job duties, and that no indication of payment for such work was found. The computer records also included an acknowledgement by the subject that he was aware of the impropriety of unauthorized outside employment. The OIG obtained the subject's personnel file from Human Resources Director Michael Smith, who informed that the employee had been made aware of the need to get authorization for such outside employment and to disclose it. The City Clerk was asked to provide any record of disclosure, and he informed that there was no disclosure on file from Mr. Karr. As required under City of Miami Beach Code Section 2-256(d)(8)(b), the OIG notified the Miami- Dade Commission on Ethics and Public Trust (COE) of the possible violation of the County Ethics Code. COE Forensic Accountant/Investigator Karl Ross was assigned to the investigation, which was conducted jointly with the OIG. The subject agreed to speak with the COE and OIG on a voluntary basis. The subject was very cooperative, acknowledging the private work he had done using his City computer and expressing remorse for his actions. The investigative findings were referred by the OIG to the Interim City Manager and Human Resources Director for whatever administrative action they deemed appropriate. The HR Director issued a Notice of Disciplinary Action to Mr. Karr, dated January 27, 2021, which is attached. Page 1 of 2 The Ethics investigation also led to the filing of a complaint by Commission Advocate Michael Murawski with the Ethics Commission. On February 1, 2021, Mr. Karr executed the attached Stipulation to Probable Cause in which he agreed to settle the Ethics Commission proceeding by not contesting a one-count violation of the County Ethics Code and paying a $500 fine. On March 4, 2021, Mr. Karr submitted a statement to the OIG regarding his conduct leading to the investigation, disciplinary action and Ethics complaint. His statement is attached. This matter is now closed. Approved by: OFFICE OF THE INSPECTOR GENERAL, City of Miami Beach 1130 Washington Avenue, 6 Floor, Miami Beach, FL 33139 Tel: 305.673.7020 • Fax: 305.587.2401 • Hotline: 786.897.1111 Email: CilyofMiamiBeachQIG@miamibeachfl.gov Website: www.mbinspectorgeneral.com Page 2 of 2 To: Mr. Joseph Centorino, Inspector General From: Justin Karr Date: March 4, 2021 Subject: Office of Inspector General Draft Report No. 21-16 I recently accepted a settlement with the Ethics Commission, acknowledging that I had engaged in outside work without notifying Human Resources and, at times, used my work email for related communications. This was an isolated engagement for a good friend during a short duration of time and it ceased to occur long before any investigation began. The outside work was not performed during business hours at City Hall and never did I represent myself as operating in my official capacity. Regrettably, I used my work email account for some communications because, at the time, I did not think that my actions were egregious or worthy of concealment. In retrospect, I recognize I exercised poor judgment and it is difficult to justify when I was aware of a policy for notifying HR, which, if I had followed, would have avoided this embarrassment and any appearance of impropriety. I truly regret this mistake and undergoing an ethics inquiry has affected me profoundly. I have worked hard to lead an exemplary professional life and I have no prior history of legal or professional misconduct. I sincerely apologize for committing actions inconsistent with the City’s high standards. I have expressed remorse to my supervisors, HR, and City management, and I am grateful they have confidence that this learning experience is not representative of my character. I take great pride in working for the City and I welcome the opportunity, if desired, to discuss the matter with City leadership.