Agenda - Council - 07/25/1995 - Laserfiche WebLink

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To: Mayor and City Council From: Terry Hendriksen Re: Conflict of Interest / April 19, 1995 Memo April 26, 1995 Contrary to Mr. 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 states: The purpose behind the creation of a rule which would disqualify public officials from participating in proceedings in a decision making capacity when they have a direct interest in its outcome is to ensure that their decision will not be an arbitrary 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 used there was no need for Hardin to cast a vote, four councilmembers was sufficient to determine the issue. Arguably Hardin 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 acknowledged conflict of interest exists it should be announced in advance and the person with the acknowledged conflict should refrain from any participation in the case. When Mayor 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. ! hope you will 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, CC: Ryan Schroeder