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JOHN F. BAN~IGAN..IR. <br />PATRICK J. KI3LI, Y <br />JAMI",$ I. IIANTO,N <br />IANI~Yr M. WII.~,t~NKI <br /> <br />B annigan Kelly: <br />A T T O R N E Y .5 A T <br /> <br /> i~5o ×OR r~J {~NN'I RAI. I I1:1{ T¢)WER <br /> ~A]NT PAUL, .MINNF~qCY~A <br /> <br />June 27, 1995 <br /> <br />P.A. <br />L A W <br /> <br />I'AX (hi2,~ <br /> <br />Mr. Terry Hendriksen <br />15631 Ramsey Boulevard <br />Ramsey, MN 55303 <br /> <br />RE: Municipal Standards of Conduct/Conflict of <br />Interest <br /> <br />Dear Mr. Hendriksen: <br /> <br /> On June 9, 1995, I received and reviewed copies of City Resolution 92-01-009 and various <br />city council minutes associated with that Resolution. At your request, I have reviewed those <br />public records with regard to Minn. Stat. §§471.87 and 471.88. <br /> <br /> Based upon thc documents which I have reviewed, it appears that Councilmember Hardin <br />did not disclose his relationship with Northeast State Bank, Minn. Stat. 9471.88, Subd. 2 states <br />that any public official "who is a director or employee of a bank or savings association" shall <br />disclose that the [official] is a director or employee of the bank..." (Emphasis added) In the <br />absence of such a disclosure, the Court could find that a violation has occurred. <br /> <br /> With regard to Minn. Stat, §471.87, thc Courts havc suggested that there must be a factual <br />determinat/on as to whether a "financial interest" or "financial benefit" exists for the public <br />official. Unless detailed financial information concerning Councilmember Harden's <br />compensation from Northeast State Bank is provided, I could not speculate as to whether there <br />has been any violation of this particular statute. <br /> <br /> Please call me with any questions you might have or if additional information is provided <br />to you. <br /> <br />Sincerely yours, <br /> <br />/,~ANNIGAN & KELLY, P.A. <br /> <br />JJH:cge <br /> <br /> <br />