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MEMORANDUM <br /> <br />TO: <br />FROM: <br />RE: <br /> <br />DATE: <br /> <br />Ramsey City Council <br />William K. Goodrich, City Attorney <br />Possible Conflict of Interest in Approval of Amber Ridge <br />Subdivision <br />April 15, 1994 <br /> <br />An issue has been raised as to whether Councilmember Hardin had a <br />conflict of interest when he voted in the affirmative for the <br />preliminary plat approval of the Amber Ridge Subdivision. This <br />preliminary ~lat approval took place on March 23, 1993. Council- <br />member Hardin has therefore asked that I research this issue and <br />present an opinion to you. <br /> <br />The potential conflict would exist by virtue of Councilmember <br />Hardin beingiemployed by Northeast State Bank which also financed <br />a part of the Amber Ridge project. The general rules for conflict <br />of interest lin contract situations are found in the City Charter <br />and the Minnesota Statute cited below. <br /> <br />section 12.03 of the City Charter provides as follows: <br /> <br />Section 12.03 City Officers Not to be Interested in <br />contracts. Except as otherwise permitted by state <br />statuteS, no officer of the city, who is authorized to <br />take part in any manner in any contract with the city, <br />shall voluntarily have a personal financial interest in <br />such contract or personally benefit therefrom. <br /> <br />M.S. §471.87 regulating this subject provides as follows: <br /> <br />Except as authorized in Section 471.88, a public officer <br />who is authorized to take part in any manner in making <br />any sale, lease, or contract in an official capacity <br />shall not voluntarily have a personal financial interest <br />in thatl sale, lease or contract or personally benefit <br />financially therefrom. Every public officer who violates <br />this provision is guilty of gross misdemeanor. <br /> <br />The specificiissue this memo addresses is a non-contract situation, <br />however the general rules cited above are similar. The general <br />rule in non-contract situations as stated in the League of <br />Minnesota cities, memo "official Conflict of Interest," 1989, is <br />as follows: <br /> <br />Any official who has a personal financial interest that <br />may conflict with the public interest in considering an <br />official action generally is disqualified from <br />participating in the action. . . this is especially <br />true where . . . the member's own personal financial <br /> <br /> <br />