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II. DISCUSSION <br />Conflict of interest rules are intended to ensure fairness and trust in public decision - making processes, <br />and to ensure that public decisions are not based on the personal or private interests of the decision - <br />makers.' Public awareness and concern over fairness in public decision - making processes are <br />reflected not only in the enactment of statutory conflict of interest provisions, but also in the passage <br />of federal and state legislation governing campaign financing,' lobbyist registration,' open meetings,' <br />and financial disclosure.' The Council's involvement in complex, far - reaching, and controversial <br />public policy issues makes it likely that conflict issues may arise with respect to individual members <br />of the Council and members of the Council's advisory committees. Conflict of interest issues arise <br />under a number of circumstances and are governed by various statutory and administrative conflicts <br />rules. <br />Members of the Metropolitan Council and its advisory committees and members of the Metropolitan <br />Parks and Open Space Commission are subject to the general statutory conflict of interest provisions <br />of the Ethics in Government Act which is codified in Minnesota Statutes Chapter 10A. When the <br />Council is functioning as a housing and redevelopment authority, individual members of the Council <br />are subject to the conflict of interest provisions of Minnesota Statutes Chapter 469. Members of the <br />Council's advisory committees are subject to the conflict of interest provisions contained in the bylaws <br />governing the advisory committees. Conflict of interest issues also can arise when circumstances <br />create the appearance of a conflict of interest. <br />A. CHAPTER 10A CONFLICT OF INTEREST PROVISIONS <br />Individuals holding public offices and positions of public trust always have been subject to conflict <br />of interest laws. Prior to the enactment of the statutory conflict rules, the conduct and actions of <br />public decision - makers were governed by general principles of law embodied in the common law.' <br />The common law conflict of interest rules as they applied to public officials in Minnesota largely were <br />abrogated in 1974 when the Minnesota Legislature created what is now called the Ethical Practices <br />Board and established statutory provisions governing conflicts of interest relating to the performance <br />of official duties by public officials. ' The Ethics in Government Act which includes the statutory <br />conflict of interest provisions was amended in 1990 when the legislature passed the Elections and <br />Ethics Reform Act of 1990. The amendments to the statutory conflict of interest provisions of <br />Chapter 10A were effective January 1, 1991. 9 <br />1. Chapter 10A Defines Conflict of Interest and Requires Both Public and Local <br />Officials to Take Specific Actions When a Conflict of Interest Exists. <br />The statutory conflict of interest provisions generally define conflicts of interest and prescribe the <br />actions a public or local official must take if a conflict of interest arises with respect to the <br />performance of official duties. <br />A public official or a local official elected to or appointed by a <br />metropolitan governmental unit who in the discharge of official duties <br />would be required to take an action or make a decision that would <br />substantially affect the official's financial interests or those of an <br />associated business, unless the effect on the official is no greater than <br />on other members of the official's business classification, profession, <br />or occupation, shall take the following actions: <br />(1) prepare a written statement describing the matter requiring <br />action or decision and the nature of the potential conflict of interest; <br />