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2001 Correspondence
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2001 Correspondence
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decision, "[the commissioner's] mere presence creates the obvious appearance of impropriety and <br />undermines the public confidence in the system "); Deretich v. Office of Admin. Hearings, 798 F.2d 1147 <br />(8th Cir. 1986) (the state office of administrative hearings had a compelling interest "in avoiding an <br />appearance of impropriety" and therefore was justified in placing a restriction on a hearing officer's right to <br />associate with a law firm representing clients before other administrative hearing officers). <br />26. In a 1926 case, the Minnesota Supreme Court determined that a state statute prohibiting <br />public officials from having any interest in contracts they made as public officials was violated by a town <br />supervisor who provided his personal automobile to the county at actual cost and without profit to himself. <br />State v. Sandberg, 168 Minn. 363, 209 N.W.2d 943 (1926). The Court noted that the absence of profit did <br />not change the meaning of the statute. According to the Court, "It is the intent of the statute [forbidding <br />public officials from having an interest in public contracts] to forestall any question of a delicate nature and <br />to prevent unfavorable comment on transactions which may bring the administration of public affairs in <br />disrepute." Id. 168 Minn. 363, 209 N.W.2d at 943. See also Singewald v. Minneapolis Gas Co., 274 Minn. <br />556, 142 N.W.2d 739, 740 (1966) (a conflict may result in disqualification to vote even though the interested <br />official is "motivated by a high sense of responsibility for community affairs "). <br />27. See, e.g., Code of Ethics for Metropolitan Council Members §§ 2, 7 (prohibiting the use of <br />confidential information to further private interests; prohibiting participation in any matter pending before <br />the Council if the member or the member's immediate family or business partner has a fmancial interest in <br />the pending matter). <br />28. "Any individual who signs and certifies to be true a report or statement [ required under the <br />Act ] knowing it contains false information or who knowingly omits required information is guilty of a gross <br />misdemeanor." Minn. Stat. § 10A.10 (1998). "A person charged with a duty under sections 10A.02 to <br />10A.34 shall be personally liable for the penalty for failing to discharge it." Minn. Stat. § 10A.34, subd. 1 <br />(1998). Cf City of Minneapolis v. Canterbury, 122 Minn. 301, 142 N.W. 812 (1913) (the city fire <br />department chief who participated as a member of a subcommittee responsible for reviewing and <br />recommending property sites suitable for city acquisition was required to pay the city excess profits derived <br />from a city purchase in which the fire chief had an indirect fmancial interest). <br />29. Minn. Stat. § 10A.09, subd. 1(3) (1998). <br />30. Minn. Stat. § 10A.09, subd. 5 (1998). <br />31. Minn. Stat. § 10A.09, subd. 6 (1998). <br />32. The Campaign Finance and Public Disclosure Board may impose late filing fees after <br />providing proper notice and "[a]n individual who fails to file a statement within seven days after a second <br />notice is guilty of a misdemeanor." Minn. Stat. § 10A.09, subd. 7 (1998). "Any public official * * * who is <br />required to file a statement of economic interest and fails to do so by the prescribed deadline shall be <br />suspended without pay by the board in the manner prescribed in the contested case procedures in chapter <br />14. Minn. Stat. § 10A.09, subd. 8 (1998). <br />33. Minn. Stat. § 10A.02, subd. 12(a) (1998). <br />34. Minn. Stat. § 10A.02, subd. 12(c) (1998). <br />35. Minn. Stat. § 10A.02, subd. 12(c) (1998). <br />
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