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CONFLICTS OF INTEREST Council members are subject to the state statutory provisions governing conflicts of interest which relate to the performance of official duties. The Council's adopted Code of Ethics (copy attached) also contains some conflict of interest provisions. These requirements generally address "how" a Council member must proceed if an actual or potential conflict arises. For purposes of the Nominating Committee, understanding these requirements may help you identify Council members who are best able to comply with the requirements: The Ethics in Government Act defines conflicts of interest and prescribes the actions a public official must take if a conflict of interest arises with respect to the performance of official duties. A public official * * * who in the discharge of official duties would be required to take an action or make a decision that would substantially affect the official's financial interests or those of an associated business, unless the effect on the official is no greater than on other members of the official's business classification, profession, or occupation, shall take the following actions: (1) prepare a written statement describing the matter requiring action or decision and the nature of the potential conflict of interest; (2) deliver copies of the statement to the official's immediate superior, if any; and (3) if a member * * * of a governing body of a metropolitan governmental unit, deliver a copy of the statement to the presiding officer of the body of service. If a potential conflict of interest presents itself and there is insufficient time to comply with clauses (1) to (3), the public * _ * official shall orally inform the superior or the official body of service or committee of the body of the potential conflict. A Council member who has a potential conflict of .interest relating to some matter .before the Council should not chair the meeting, participate in any vote on the matter, or offer any motion or discussion on the matter giving rise to the member's potential conflict of interest, and generally should refrain from exerting any influence over the action or decision to which the conflict of interest relates, whether the matter is before the entire governing body of the Council or one of its committees. The statutory conflict of interest provisions generally apply to Council members when: (1) a Council member is discharging official duties as a member of the Metropolitan Council; (2) a Council member is participating in some action or making a decision as a Metropolitan Council member; and (3) the action or decision in which the Council member is participating will "substantially affect" the Council member's personal "financial interests" or the financial interests of an associated business. -3-