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Agenda - Council - 10/22/2019
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Agenda - Council - 10/22/2019
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3/17/2025 2:34:53 PM
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10/17/2019 4:44:00 PM
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Meetings
Meeting Document Type
Agenda
Meeting Type
Council
Document Date
10/22/2019
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direct or indirect, in any contract or proposed contract for materials or services to be furnished or <br />used in connection with any project (Minn. Stat., § 469.098). <br />The following is a list of exceptions when an EDA may contract for goods or services with a <br />Commissioner or officer of the EDA who has a fmancial interest in a project. Approval of this <br />action must be passed by a unanimous vote of the EDA with the affected Commissioner <br />abstaining from the vote on the resolution (Minn. Stat., § 471.88). <br />1. When an officer or Commissioner is employed by a bank or savings association that <br />serves as the EDAs depository or as a source of borrowing, and that Commissioner has an <br />interest either direct or indirect, no restrictions apply. However, if a Commissioner or <br />officer does have a direct or indirect interest as a director or an employee of the bank or <br />savings association, he or she must make that disclosure and enter it into the minutes of <br />the EDA. This disclosure serves as notice of the Commissioner's interest and does not <br />need to be made on future transactions with that designated financial institution. <br />2. When a Commissioner of the EDA is employed by a bank that is engaged in making <br />loans or performing trust services involving real or personal property affected by any <br />plan of the EDA, there is no restriction that applies to the loans made or trust services <br />performed by the Commissioner's bank if he or she discloses the nature of the loans or <br />trust services of which the Commissioner has personal knowledge. This disclosure must <br />be entered in the minutes of the EDA. <br />3. If the EDA has designated an official newspaper, or publication where it publishes its <br />public notices and minutes, and a Commissioner has an interest hi the paper. <br />4. If the EDA enters into a contract with a cooperative association where a Commissioner is <br />a shareholder or stockholder, but not an officer or manager. <br />5. A contract for which competitive bids are not required by law and where the amount does <br />not exceed $5,000. <br />6. Contracts for goods or services when consideration does not exceed $5,000 in any year <br />and the sealed bid process is used and the contracting governmental unit has a population <br />of less than 1,000. <br />7. When an EDA Commissioner is engaged in or employed by a firm that is in the business <br />of importing or exporting or general trade, the EDA may enter into business transactions <br />with the Commissioner or the Commissioner's employer provided that the Commissioner <br />abstains from voting on any resolution that sets rates affecting shippers or users of an <br />EDA-owned facility. (Minn. Stat. § 471.88) <br />Ethics Law <br />Changes made in the 1994 Ethics in Government Act not only affect state legislators but also <br />local officials. The definition of a local official is "a person who holds elective office in a <br />political subdivision or who is appointed to or employed in a public position in a political <br />subdivision". Minn. Stat. § 10A.01 Subd. 22 goes on to state that local officials are those who <br />11 <br />
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