2001 Correspondence - Laserfiche WebLink

Home

It Metropolitan Council Working for the Region, Planning for the Future Working for the Region, Planning for the Future Date: March 9, 1999 To: Members of the Metropolitan Council Nominating Committee From: Jay R. Lindgren, General Counsel Subject: Conflicts of Interest Issues This memorandum is intended to provide guidance to your Committee on the statutory and common law principles concerning conflicts of interest which apply to members of the Metropolitan Council when performing their official duties. Two general areas are discussed below. • The judicial or common law "Incompatible Office Doctrine" which places limitations on when an individual may hold two public offices; and • The provisions of the Minnesota Ethics in Government Act which guide. Council members actions over actual or potential conflicts of interest. SUMMARY Office of General Counsel Writer's Direct Dial: (651) 602 -1723 Writer's Direct FAX: (651) 602 -1640 Writer's e-mail: jay.lindgren@metc.state.mn.us Incompatible Office Doctrine. Council members and elected local government officials both hold "public offices." Minnesota courts have held that an individual may not hold two public offices if the two offices are incompatible (e.g. the functions of the two offices are inconsistent). This doctrine must be analyzed on a case -by -case basis. It is, however, reasonable to conclude that, absence a statutory change, a court could determine that the offices of Metropolitan Council member and certain local elected officials (e.g. city mayor or council member) are incompatible. Conflicts of Interest. Council members are subject to the statutory provisions governing conflicts of interest which relate to the performance of official duties. A conflict of interest exists when a public official discharging official duties must take an action or make a decision that substantially affects the official's financial interests or the financial interests of a business with which the official is associated. The Ethics in Government Act requires public officials to disclose and report conflicts of interest. AREA CODE CHANGES TO 651 IN JULY, 1998 230 East Fifth Street St. Paul. Minnesota 55101-1626 (612) 602 -1000 Fax 602 -1550 TDD /TTY 291 -0904 Metro Info Line 602 -1888 An 4"., en O.,,,..rh.nlh. Finn rem star-