November 21, 2000

RE: REQUEST FOR ADVISORY OPINION 00-164

The Commission on Ethics and Public Trust considered your request for an advisory opinion at its meeting on November 2, 2000 and rendered its opinion based on the facts stated in your letter.

You requested an opinion regarding any conflict between your work for Dade Aviation Consultants (DAC) and your bidding for work for the North Terminal Development project.

In your letter, you advised the Commission that the Bugdal Group is a woman-owned business that is a member of DAC. The organization provides four employees to DAC including a civil engineer, mechanical engineer, a mechanical field engineer and a secretary. The firm has recently been asked to join an architectural firm on a bid to contract with American Airlines for work on the North Terminal Development package.

DAC is a consortium of firms that is responsible for overseeing facilities development at Miami International Airport. American Airlines is principally responsible for construction of the North Terminal project under a lease, financing and construction agreement with Miami-Dade County. The agreement provides that DAC will participate on the North Terminal Development Team and provide oversight on the project.

The Commission found that The Conflict of Interest and Code of Ethics ordinance does not prohibit the Bugdal Group from serving as a member of DAC and as a subconsultant on the North Terminal project under a contract with American Airlines.

However, the Conflict of Interest and Code of Ethics ordinance prohibits the Bugdal Group from disclosing any confidential information acquired from its participation in DAC project to any firm that it works with on the North Terminal project. Moreover, the Bugdal Group may not participate in any DAC activities relating to selection of firms or oversight of the North Terminal project.