Agenda - Planning Commission - 04/04/2019 - Work Session

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RELEVANT LINKS: See LMC information memo, Official Conflict of Interest. Part IV Conflict of Interest in Non -Contractual Situations. 56 Am. Jur. 2d Municipal Corporations § 142. Lenz v. Coon Creek Watershed, Dist., 278 Minn. 1, 153 NW 2d 209 (1967). ETO, Inc. v. Town of Marion, 375NW2d815(Minn. 1985). 2. Non -voting members Local ordinance or commission policy may provide that one or two city councilmembers will sit on the planning commission as non -voting members. Sometimes these members are called "council liaisons." When city ordinance creates non -voting members, to avoid confusion, city ordinance or the commission policy should specify: • Whether the councilmembers will count for quorum purposes. • Whether the councilmembers may participate in discussion on matters before the commission. • Whether the councilmembers may hold an office on the commission, such as chairperson, secretary, etc. 3. City staff on planning commission City ordinance or commission policy may require that the city attorney, city engineer or city administrator/clerk serve as an ex-officio, voting member or non -voting of the planning commission. This, however, does not appear to be a common practice. More commonly, city staff may attend planning commission meetings as needed to provide the planning commission with necessary advice and information. E. Compensation City ordinance or commission policy may authorize compensation to planning commission members for their service, or, in the alternative, specify that commission members serve on a strictly non -compensated volunteer basis. Generally, when compensation is provided, it is for a nominal amount on an annual or per meeting basis. F. Conflicts of interest When appointing planning commissioners, cities should be aware that appointed officials are subject to the same concerns related to conflict of interest as city councilmembers. In the appointment process, the city council should attempt to discern if potential conflicts of interest exist. Particularly, conflicts where it is obvious that the potential appointee's own personal interest is so distinct from the public interest that the member cannot be expected to represent the public interest fairly in deciding the matter. G. Removal of planning commission members State statute does not dictate a process for removal of planning commission members before the expiration of their term. League of Minnesota Cities Information Memo: 8/3/2018 Planning Commission Guide Page 5