The Miami Herald

Posted on Thursday, March. 30, 2006

COUNTY CHAIRMAN WON'T HAVE TO PAY FOR
CONSTRUCTION ON NEW HOUSE

The ethics commission has given Miami-Dade County Commission Chairman Joe Martinez permission to accept free work on his new house as long as he reports the gifts and doesn't allow himself to be lobbied by the donors during the construction.

Late last year, Martinez approached the Office of the Inspector General, which vetted and largely cleared the list of contractors building his 5,300-square-foot house in West Miami-Dade. In its report, however, the IG noted that Martinez was getting free services from two longtime friends and one Latin Builders Association Board member.

" Would this ever present any kind of conflict?'' Martinez asked the ethics commission in a later email. "I mean we all live in homes, most likely built by a developer. Does that mean all of us would always have a conflict of interest?''

Last week, ethics commission head Robert Meyers told Martinez that as long as he takes steps to avoid certain potential conflicts, he could accept the free
work. Martinez refused to comment for this story.

According to the IG's report, Jorge Guerra Sr., the head of Design Drywall Inc., said he was acting as the project's general contractor. Guerra also supplied his services to Martinez for free as "a favor for a personal friend.'' This includes lining up subcontractors, obtaining quotes, negotiating agreements and scheduling inspections.

The report said Guerra's son, Jorge Guerra Jr. - a current Latin Builders board member who helps Design Drywall develop new business, according to the
association's website - is helping to oversee construction of the commissioner's home.

Meyers said Martinez is allowed to vote on issues presented by Latin Builders members and to meet privately with them while the house is under
construction - but not with Guerra Jr.

Once the work is done, however, Martinez is free to meet or be lobbied by Guerra Jr., Meyers said.

Though it would not violate the county's ethics ordinance, Meyers cautioned the commissioner about public perceptions.

"Given the benefit that you will have received from the Guerras, some will question whether you can objectively evaluate the information before you, knowing the Guerras - donors of a fairly significant gift to you - are advocating for the commission to take action on a particular matter,'' he wrote of a hypothetical scenario.

The IG's report also mentioned that another friend, Juan Buade of Buade Construction, was "coordinating the construction of the foundation and the shell of
the new house'' for Martinez at no cost. Martinez told the ethics commission that Buade had subcontracted the work and the commissioner pays Buade directly.

Meyers told Martinez to report any free services or discounts on work as a gift. This would require the commissioner to find out from Buade and the Guerras what they typically charge, Meyers said.