HomeMy WebLinkAboutResolution 5677-01-2023 A Resolution
NO. 5677-01-2023
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 ELISA ARRIAGA,AN IMMEDIATE FAMILY MEMBER OF
VERONICA MARTINEZ,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 $25,000.00 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, M&C G-19454, and
M&C 22-0760); and
WHEREAS, the City's Priority Repair Program is administered by the Home
Improvement Division of the Neighborhood Services Department; and
WHEREAS, Veronica Martinez is employed by the Neighborhood Services
Department as part of its administrative staff in project delivery in its Home
Improvement Division; and
WHEREAS, Ms. Martinez's sister, Elisa Arriaga, has applied for assistance
under the Priority Repair Program and otherwise meets all the requirements for the
services; 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,
Veronica Martinez's 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; and
WHEREAS, Ms. Martinez's position allows her to gain inside information and
exercise limited decision-making authority in the administration of the Priority Repair
Program - specifically affording her the ability 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, in accordance with the Neighborhood Service's Department policy
that prohibits an employee from reviewing or taking part in the application process that
involves the employee or their immediate family member, Ms. Martinez is precluded
from taking part in any portion of the review or processing of Ms. Arriaga's application
for services; and
WHEREAS, Elisa Arriaga 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
and denial of services for which she is otherwise qualified would result in an undue
hardship as the requested repairs are to address necessary maintenance for her heating
system; 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 January 10, 2023, with the agenda being posted as required by Texas law at
least 72 hours prior to the meeting and the title of Resolution clearly identifying the
covered person, nature of the conflict, type of assistance being sought and that the City
intends to request an exception from HUD and with the Agenda, including copies of all
items to be presented to the Council, being made 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 THAT:
Section 1. 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 Elisa Arriaga, the sister
of Veronica Martinez, may receive services under the City's Priority Repair Program;
and
Section 2. 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. The minutes of the January 10, 2023, 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 so long as their inclusion would not unreasonably delay
the submission of such request to HUD.
Adopted this loth day of January, 2023. C.,�v
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ATTEST:By: J ,ette S.Goodall(Jan11,20)3 20& CST)Jannette S. Goodall, City Secretary