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

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MEMORANDUM FROM DATE Ramsey City Council William K. Goodrich, City Attorney Possible Conflict of Interest in Approval of Amber Ridge Subdivision April 15, 1994 An! issue has been raised as to whether Councilmember Hardin had a conflict of interest when he voted in the affirmative for the preliminary plat approval of the Amber Ridge Subdivision. This p~eliminary plat approval too~ place on March 23, 1993. Council- member Hardin has therefore asked that I research this issue and present an opinion to you. The potential conflict would exist by virtue of Councilmember Hardin being employed by Northeast State Bank which also financed apart of the Amber Ridge project. The general rules for conflict o~ interest in contract situations are found in the City Charter and the Minnesota Statute cited below. section 12.03 of the City Charter provides as follows: Section 12.03 City officers Not to be Interested in contract~. Except as otherwise permitted by state statutes, no officer of the city, who is authorized to take part in any manner in any contract with the city, shall voluntarily have a personal financial interest in such contract or personally benefit therefrom. MiS. §471.87 regulating this subject provides as follows: ExceDt as authorized in Section 471.88, a public officer who is authorized to take part in any manner in making any sale, lease, or contract in an official capacity shall not voluntarily have a personal financial interest in that sale, lease or contract or personally benefit financially therefrom. Every public officer who violates this provision is guilty of gross misdemeanor. The specific issue this memo addresses is a non-contract situation, h~wever the general rules cited above are similar. The general ~le in non-contract situations as stated in the League of Minnesota CitiesI memo "Official Conflict of Interest," ~989, is as follows: Any official who has a personal financial interest that may conflict with the public interest in considering an official action generally is disqualified from participating in the action. . . this is especially true where . . . the member's own personal financial I I I I I I I I I I I I, ! I, ! I !