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2001 Correspondence
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2001 Correspondence
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The statutory conflict of interest provisions do not require a Council member to disclose or report <br />conflicts of interest, even if an action or decision will substantially affect the member's financial <br />interests or the financial interests of an associated business, if the effect on the Council member is <br />no greater than on other individuals who belong to the member's business classification, <br />profession, or occupation. If a Council action or decision has an industry- or occupation -wide <br />effect, a Council member may fulfill the member's responsibilities as a public decision -maker and <br />may act on or decide issues that substantially affect the member's personal or business - related <br />financial interests. However, even if no statutorily recognized conflict exists when an action or <br />decision affects an entire business classification, profession or occupation, a Council member still <br />should consider whether participation in a matter which substantially affects personal or business <br />financial interests .. will create the appearance of a conflict, and whether the appearance of a <br />conflict might negatively reflect on the Council's particular action or decision, or adversely affect <br />the. Council's ability to fulfill its public responsibilities. <br />Even if no actual conflicts of interest exist under the Ethics in Government Act, the Council still <br />must be concerned with the appearance of conflicts because the Council is a public entity <br />conducting public activities. Entities like the Council which transact public business have a <br />legitimate interest in ensuring public confidence in decision - making processes and in ensuring the <br />integrity of public actions. Accordingly, Council members should consider whether it is <br />appropriate to participate in Council deliberations, actions or decisions if the Council members are <br />involved in circumstances which might give rise to an appearance of a conflict. Council members <br />also should review the provisions of the Council's adopted Code of Ethics that address potential <br />conflict of interest situations. <br />Depending on the specific circumstances surrounding a potential conflict and the proceedings <br />involving the conflict, failure to abstain from participation in the matter to which the conflict <br />relates may nullify a Council action or decision, or render a Council action or decision void. <br />Failure to comply with the conflict of interest provisions of the Ethics in Government Act, <br />including the written statement and filing requirements, can result in penalties or sanctions and <br />may result in personal liability. <br />Each conflict situation is unique and the facts must be considered on a case -by -case basis. The <br />Council's Office of. General Counsel is available to provide assistance and advice regarding <br />specific circumstances and potential conflicts of interest. <br />ADDITIONAL CONSIDERATIONS <br />Metropolitan Council members are subject to additional ethical requirements in the following <br />areas: <br />. Statutory Prohibition on Gifts from Lobbyists. Metropolitan Council members are prohibited <br />by state law from accepting any gift from a lobbyist or a lobbyist principal, unless the gift has only . <br />insignificant or nominal value. <br />Limitations on Gifts Under the Code of Ethics. The Code of Ethics for Metropolitan Council <br />Members limits the types of gifts and other benefits Council members may receive for activities <br />-5- <br />
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