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RELEVANT LINKS: <br /> i. Conflicts of interest <br /> There are two types of conflicts of interest that a council member may =- <br /> encounter: those involving contractual decisions, and those involving non- <br /> contractual decisions. <br /> 1. Contracts <br /> Minn.scat.§471.87.Minn. public officers are generally prohibited from having a personal, financial <br /> S tat.§412.311. <br /> See LMC information memo, interest In any sale, lease, or contract they are authorized to make in their <br /> Official Conflict of Interest, official capacity. There are limited exceptions to this law. <br /> for more information about <br /> the exceptions. <br /> City council members, who knowingly authorize a prohibited contract, <br /> even though they do not benefit from it, may be guilty of a crime. The <br /> council member who would benefit from the contract could also be guilty <br /> of a crime if that person entered into it knowing it was prohibited. <br /> l <br /> A.O.op.90-Ew5(Nov. 13, The attorney general has advised that the conflict-of-interest law applies to <br /> 1969). <br /> any council member"who is authorized to take part in any manners' in the <br /> A.G.Op.90e-6(June 15, making of the contract. Simply abstaining from voting on the contract is =V <br /> 1988). <br /> not sufficient. The attorney general reasoned that if the Legislature had <br /> only wanted to prohibit interested officers from voting on the contract, it <br /> would not have used the word"authorized." <br /> 2. Nonmcontractual situations <br /> See LMC information memo, There are also situations where council members may find that they have <br /> Official Conj7ict of Interest,for more information on non- an Interest in a non-contractual decision the council will make. This type <br /> contractual conflicts of of interest does not have to be of a financial nature. These non-contractual <br /> interest. <br /> matters may include such things as council decisions on zoning, local <br /> improvements, and the issuance of licenses. <br /> Although not generally prohibited by state law, an interested council <br /> � � y F <br /> member most likely should abstain from participating in the council <br /> discussion and from voting on these issues. <br /> J. Incompatibility of offices <br /> State v.Sword,157 Minn. Whether a city official can also serve the city or other government entity in <br /> 263, 196 N.W.467(1923). <br /> Kenney i_. Goergen,36 Minn. some other capacity is a complicated issue. State laws generally do not <br /> Fz <br /> 1963 31 N.W.216(1886). prevent a person from holding two or more government positions. x <br /> However, without specific statutory authority, government officials cannot <br /> hold more than one position if the functions of the positions are <br /> incompatible. <br /> f% <br /> League of Minnesota Cities Handbook for Minnesota Cities 6/7/2022 <br /> Elected Officials and Council Structure and Role Chapter 6 Page 12 <br />