Agenda - Council - 07/11/1995 - Laserfiche WebLink

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I I I I I I I I I I I To: Mayor anc~ City Council From: Terry Hendriksen Re: Conflict of Interest / April 19, 1995 Memo April 26, 1995 Contrary to ML Schroeder's memo of April 19, 1995, "financial gain" is not the only basis for a conflict of interest. In Lenz v. Coon Creek Watershed District cited by Mr. Goodrich it st~Ites: The purpose behind the creation of a rule which would disqualify public officials from p,~rticipating in proceedings in a decision making capacity when they have a direct ij~terest in its outcome is to ensure that their decision will not be an arbitrttry reflection of their own selfish interest. (emphasis added) The Minnesota Supreme Court opinion continues by listing criteria which should be used to help determine when an individual should abstain. The fourth factor deals with the need for an individual with a potential conflict to participate in the decision. In the example I use4 there was no need for Hardin to cast a vote, four councilmembers was sufficient to d~termine the issue. Arguably Harclin had a selfish interest, retribution, this combined with the absence of a need for his vote creates the appearance he wanted to vote for selfish reasons. However, I did not intend for this to become a discussion of any particular vote. My intention was to focus on when and how abstentions should occur. When an ackn.6wledged conflict of interest exists it should be announced in advance and the person wit,fi the acknowledged conflict should refrain from any participation in the case. When MOyor Hardin has an acknowledged conflict of interest it has been his practice to act as chair, without disclosing his conflict in advance. I believe this is inappropriate.: I hope you wil! making it a policy that all conflicts be declared prior to any case discussion and! that any member with an acknowledged conflict refrain from participation. Sincerely, ~ D CC: Ryan Schtoeder