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it Metropolitan Council Working for the Region, Planning for the Future Working for the Region, Planning for the Future Date: March 29, 1999 To: Metropolitan Council Members ( Annotated ) From: Jay Lindgren, General Counsel Subject: Gift Prohibitions, Conflicts of Interest and Other Ethical Practices Issues This memorandum summarizes the statutory ethics provisions in Minnesota's Ethics in Government Act and the voluntary ethics code provisions that apply to Metropolitan Council members when they are performing official duties as members of the Metropolitan Council. SUMMARY Statutory Prohibition on Gifts from Lobbyists. Metropolitan Council members are prohibited by state law from accepting any gift from a lobbyist or a lobbyist principal, unless the gift has only insignificant or nominal value. Pages 2 -3 Limitations on Gifts Under the Code of Ethics. The Code of Ethics for Metropolitan Council Members adopted by the Council limits the types of gifts and other benefits Council members may receive for activities related to the performance of the members' duties. The Council's Code of Ethics applies to gifts and benefits from "any source" other than the Council. Page 3 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 potential conflicts of interest. Pages 3 -6 Disclosure of Economic Interests. Council members are required to disclose certain economic interests including information about associated businesses, real property holdings, investment holdings, and interests connected with pari- mutuel horse racing. By April 15 of each year, a Council member must provide updated information if the information on the most recently filed economic interest disclosure statement has changed. Page 6 Advisory Opinions and Other Assistance. The State Campaign Finance and Public Disclosure Board will render advisory opinions to help individuals comply with the statutory provisions addressing ethical conduct by public officials. The Council's Office of the General Counsel is available to provide assistance to Council members who have questions about the application of the ethics provisions contained in state law and the Council's own Code of Ethics. Page 6 Internal Memorandum