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2001 Correspondence
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2001 Correspondence
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(2) deliver copies of the statement to the official's immediate <br />superior, if any; and <br />(3) if a member * * * of the governing body of a metropolitan <br />governmental unit, deliver a copy of the statement to the presiding <br />officer of the body of service. <br />If a potential conflict of interest presents itself and there is <br />insufficient time to comply with clauses (1) to (3), the public or local <br />official shall orally inform the superior or the official body of service <br />or committee of the body of the potential conflict. 11 <br />The statutory conflict of interest provisions of Chapter 10A only apply under limited circumstances. <br />A conflict of interest exists under Chapter 10A if: (a) the affected individual is a "public" or "local" <br />official; (b) the public or local official is discharging official duties; (c) the individual is participating <br />in some action or making a decision; and (d) the action or decision in which the official is <br />participating will "substantially affect" the official's personal or business - related financial interests. <br />a. The statutory conflict of interest provisions apply to Council members, the <br />Council chair, members of the Metropolitan Parks and Open Space <br />Commission and its chair, and members of Council advisory committees <br />who have authority to make or recommend major decisions regarding the <br />expenditure or investment of public funds. <br />The conflict of interest provisions of Chapter 10A apply to any "public official." Chapter 10A <br />defines the term "public official" to include any "member * * * of the metropolitan council" or the <br />"metropolitan parks and open spaces commission? 12 Accordingly, Council members, the Council <br />chair, and the chair and members of the Metropolitan Parks and Open Space Commission are subject <br />to the statutory conflict of interest provisions. The chair of the Council and the chair of the <br />Metropolitan Parks and Open Space Commission are identified by statute as a "voting member" of <br />their respective bodies. 13 <br />The statutory conflict of interest provisions were expanded in 1990 to include "a local official elected <br />to or appointed by a metropolitan governmental unit? 14 The term "local official" as defined by <br />statute includes an individual who is appointed to or employed in a public position in the Council or <br />its advisory committees,' if the individual has authority to make, to recommend, or to vote on as <br />a member of the governing body, major decisions regarding the expenditure or investment of public <br />money." 16 Members of Council advisory committees which have authority to make or to recommend <br />major decisions regarding expenditures or investments of Council funds are "local officials" and <br />therefore are subject to the conflict of interest provisions of Chapter 10A. 17 Chapter 10A does not <br />define the term "major decisions? Published statements from the Ethical Practices Board indicate <br />that the board would define major decisions regarding expenditures or investments of public funds <br />as "decisions made by an elected local official or an employee in a political subdivision with authority <br />to make final recommendations to a public body." 18 <br />b. The statutory conflict of interest provisions apply when individuals are <br />discharging their official duties as Council members or discharging official <br />duties as members of the Metropolitan Parks and Open Space <br />Commission or a Council advisory committee. <br />A conflict of interest arises under the statutory conflict provisions when public or local officials are <br />discharging official duties. 19 A conflict of interest generally cannot arise under Chapter 10A unless <br />
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