HomeMy WebLinkAboutResolution 5309-12-2020 A Resolution
NO. 5309- 1a-6-106RO
REQUESTING THAT THE UNITED STATES DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT GRANT AN EXCEPTION AS AUTHORIZED BY THE
COMMUNITY DEVELOPMENT BLOCK GRANT REGULATIONS FOR A POTENTIAL
CONFLICT OF INTEREST SO THAT GLORIA MOORE,AN IMMEDIATE FAMILY
MEMBER OF SHERELLE RHODES, A NEIGHBORHOOD SERVICES DEPARTMENT
EMPLOYEE, MAY PARTICIPATE IN THE CITY'S PRIORITY REPAIR PROGRAM
WHICH BENEFITS LOW INCOME HOMEOWNERS
WHEREAS, the City of Fort Worth ("City") receives Community
Development Block Grant ("CDBG") funds from the United States Department of
Housing and Urban Development ("HUD") with which it provides up to $5,000.00 of
home repairs for roofs, mechanical systems, and health and safety issues to low
income, primarily elderly home owners, under its Priority Repair Program (M&C G-
17589 and M&C G- 19454); and
WHEREAS, the City's Priority Repair Program is administered by the Home
Improvement Division of the Neighborhood Services Department; and
WHEREAS, Gloria Moore, the grandmother of Sherelle Rhodes, who is
employed by the Neighborhood Services Department as part of its administrative
staff in project delivery in its Home Improvement Division, has applied for
assistance under the Priority Repair Program and meets all the requirements for the
services but for her relationship with Ms. Rhodes; and
WHEREAS, the federal regulations governing the use of CDBG funds
("CDBG Regulations") state that no person who is an employee of a recipient of
CDBG funds who exercises any functions or responsibilities with respect to CDBG
activities, or who is in a position to participate in the decision making process or gain
inside information with regard to such activities, may obtain a financial interest or
benefit from a CDBG activity for themselves or their immediate family members, but
permit exceptions if certain conditions are met; and
WHEREAS, as an administrative staff employee of the Home Improvement
Division of the Neighborhood Services Department working on project delivery,
Sherelle Rhodes' work responsibilities include intake of applications, review of
applicant files and databases, input of applicant information into spreadsheets, and
customer inquiries for the Priority Repair Program, the Cowtown Brush-up
program and the Lead grant program. Ms. Rhodes is in a position that would allow her
to gain inside information about the programs and she has limited decision-making
authority in the administration of the Priority Repair Program; specifically, she is
able to approve or reject an application based on whether it is complete and whether
it meets the City's guidelines for the program; and
WHEREAS, the Neighborhood Service's Department has a policy that prohibits
an employee from reviewing or taking part in the application process that involves the
employee or an immediate family member of the employee. Therefore, Ms. Rhodes
will not take part in any portion of the review or processing of Ms. Moore's
application for services; and
WHEREAS, Gloria Moore meets the Priority Repair Program's income
guidelines and an exception will permit her to receive the same benefits from the
Priority Repair Program that are available to other low income homeowners in the
City. Further, denial of services for which she is otherwise qualified will result in an
undue hardship on her as the requested repairs are to address a serious water leak that
is an immediate health and safety issue; and
WHEREAS, public disclosure of this potential conflict has been made by
including this Resolution on the non-consent portion of the Agenda for the City
Council meeting on December 1, 2020. The agenda was posted as required by Texas
law at least 72 hours prior to the meeting and the title of Resolution clearly identified
the covered person, the nature of the conflict, the type of assistance being sought and
that the City intends to request an exception from HUD. The Agenda, including
copies of all items to be presented to the Council, was available for review by the
public on the City's website; and
WHEREAS, the CDBG Regulations that permit HUD to grant exceptions
require a written opinion of the local government's attorney that the interest for which
the exception is sought would not violate state or local law.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF FORT WORTH, TEXAS:
Section 1. That the City Council requests the United States Department of
Housing and Urban Development to grant an exception to the conflict of interest
requirements of the Community Development Block Grant program so that Gloria
Moore, the grandmother of Sherelle Rhodes, may receive services under the City's
Priority Repair Program; and
Section 2. That the City Council requests the City Attorney to issue a written
opinion as to whether the interest for which the exception is sought violates state or
local law and for such opinion to accompany the request; and
Section 3. That the minutes of the December 1, 2020, meeting of the City
Council reflect that this Resolution was brought up for a vote during the meeting in
accordance with the posted Agenda, that the minutes include an accurate description
of the discussion by members of the City Council and the public as to its merits, and
that such minutes accompany the request.
Adopted this 18t day of December 2020.
ATTEST: ON F....
By or Ronald P.Gonzales(Dec T,202012:09 CST) `
U
Mary J. Kayser, City Secretary _
TEXAS