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2001 Correspondence
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Minn. Stat. § 10A.01, subd. 11(a) (1998). The statutory definition of "lobbyist" excludes several classes of <br />individuals including: public officials; employees of the State; elected local officials; and nonelected local <br />officials or employees of political subdivisions acting in their official capacities, unless the nonelected local <br />officials or employees of political subdivisions spend more than 50 hours in any month engaged in lobbying - <br />related activities. Minn. Stat. § 10A.01, subd. 11(b) (1998). <br />Minn. Stat. § 10A.071, subd. 3(a) (1998). The word "insignificant" has been commonly <br />defined to mean: "Not significant, esp.: a. Lacking in importance; trivial. b. Small in size, power, or value. c. <br />Lacking in meaning; meaningless." THE AMERICAN HERITAGE DICTIONARY 665 (2nd college ed. 1982). <br />The word "unexceptional" commonly means: "1. Not varying from a norm; usual. 2. Not subject to <br />exceptions; absolute." Id. at 1320. <br />6. <br />Minn. Stat. § 10A.071, subd. 3(b) (1998). <br />'' Minn. Stat. § 10A.34, subd. 1 (1998). "Unless otherwise provided, a violation of sections <br />10A.02 to 10A.34 is not a crime." Minn. Stat. § 10A.34, subd. 3 (1998). However, Chapter 10A authorizes <br />the Campaign Finance and Public Disclosure Board or a county attorney to "seek an injunction in the district <br />court to enforce the provisions of sections 10A.02 to 10A.34." Minn. Stat. § 10A.34, subd. 2 (1998). <br />8. Code of Ethics for Metropolitan Council Members § 1 (adopted September 26, 1991). The <br />term "nominal" has been commonly defined to mean: "Insignificantly small; trifling." THE AMERICAN <br />HERITAGE DICTIONARY 845 (2nd college ed. 1982). <br />9. Minnesota Statutes section 10A.07, subdivision 1 states that public and local officials <br />"shall" take certain actions if a conflict of interest exists. The Legislature's use of the term "shall" means <br />compliance with the prescribed actions is mandatory. See Minn. Stat. § 645.44, subds. 15, 16 (1998) (the <br />term "may" means "permissive"; the term "shall" means "mandatory"). <br />10 Minn. Stat. § 10A.07, subd. 1 (1998). <br />". If a public official has a potential conflict of interest but has no immediate superior, the <br />official "shall abstain, if possible, in a manner prescribed by the [campaign fmance and public disclosure] <br />board from influence over the action or decision in question. " Minn. Stat. § 10A.07, subd. 2 (1998). The <br />administrative rules adopted by the Campaign Finance and Public Disclosure Board suggest that a public <br />official who has a potential conflict of interest should not "chair a meeting, participate in any vote, or offer <br />any motion or discussion on the matter giving rise to the potential conflict of interest." Minn. R. pt. <br />4515.0500, subp. 1 (1997). See Northern States Power Co. v. Minnesota Public Utilities Commission, 414 <br />N.W.2d 383, 386 (Minn. 1987) (a commissioner should have removed himself from participating in a <br />pending Commission proceeding the results of which proceeding could likely affect the commissioner's <br />direct or indirect fmancial interests in the utility by which he soon would be employed). <br />12. See Minn. Stat. § 10A.07, subd. 1 (1998) (referring to officials who are required to take an <br />action or make a decision "in the discharge of official duties "). <br />13 ' Cf St. Cloud Newspapers, Inc. v. District 742 Community Sch., 332 N.W.2d 1, 6 (Minn. <br />1983) (the state's open meeting laws applies to "meetings" that involved matters "which could foreseeably <br />require fmal action" by the governing body and meetings "at which information is received which may <br />influence later decisions" by public bodies). <br />14 ' The term "substantially" generally means "materially" or "in a substantial manner." <br />BLACK'S LAW DICTIONARY 1281 (5th ed. 1979). "`Substantial' as an adjective means something <br />worthwhile as distinguished from something without value, or merely nominal. In its ordinary parlance <br />8 <br />
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