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Board broadly define the term "financial interest" as "any asset owned or controlled by an individual <br />or business which has a potential to produce a monetary return." 24 The specific circumstances under <br />which an action or decision might substantially affect the financial interests of a Council member, an <br />advisory committee member, or a Metropolitan Parks and Open Space Commission member cannot <br />be stated or predicted precisely. Each potential conflict of interest must be considered on a case -by- <br />case basis in light of the particular facts giving rise to the potential conflict. u A financial interest <br />probably is substantially affected by an action or decision if the effect of the action or decision on <br />the financial interest is more than remote or inconsequential and materially affects a Council <br />member's, a commission member's, or an advisory committee member's ability to faithfully perform <br />the member's responsibilities as a public or local official.' <br />The term "associated business" is defined broadly by the statute to include "any association in <br />connection with which the individual is compensated in excess of $50 except for actual and reasonable <br />expenses in any month as a director, officer, owner, member, partner, employer or employee." 27 <br />An associated business also includes any association in connection with which the individual "is -a <br />holder of securities worth $2,500 or more at fair market value." 28 It may be possible for a conflict <br />of interest to arise even if a public or local official does not receive actual compensation as a director, <br />officer, owner, member, partner, employer, or employee of an associated business or does not hold <br />securities whose market value exceeds $2,500. In a 1987 case," the Minnesota Supreme Court <br />concluded a Public Utilities commissioner should have disqualified himself from participating in a rate <br />case involving a utility with which the commissioner was discussing future employment opportunities, <br />even though the commissioner apparently did not receive any compensation or other financial <br />benefits from the utility and never discussed the pending rate case during the employment discussions. <br />Common law conflict of interest rules also may prohibit members of the Metropolitan Parks and <br />Open Space Commission and members of the Council or its advisory committees from participating <br />in their official capacities and from considering proposals before the commission or the Council if the <br />members, in their private capacities, were involved in preparing specific proposals upon which <br />commission or Council action is contemplated. 3° Conflict of interest issues frequently involve family <br />relationships, but a family relationship itself probably is an insufficient ground for concluding a <br />prohibited financial interest exists. 31 However, family relationships like spousal relationships may <br />give rise to actual or apparent conflict problems because of the direct or indirect financial <br />implications associated with income- sharing that is customary in spousal relationships. Each conflict <br />situation is unique and the facts must be considered on a case -by -case basis. The Legal Department <br />is available to provide assistance and advice regarding specific circumstances and potential conflicts <br />of interest. <br />The Chapter 10A conflict provisions do not require members of the Council, members of Council <br />advisory committees, or members of the Metropolitan Parks and Open Space Commission to disclose <br />or report conflicts of interest, even if an action or decision will substantially affect the members' <br />financial interests or the financial interest of an associated business, if the effect on Council members, <br />advisory committee members, or commission members is no greater than on other individuals who <br />belong to the members' business classification, profession or occupation. 32 If a Council or <br />commission action or decision has an industry- or occupation -wide effect, a Council or advisory <br />committee member or a member of the Metropolitan Parks and Open Space Commission may fulfill <br />the member's responsibilities as a public decision -maker and may act on or decide issues that <br />substantially affect the member's personal or business - related financial interests. However, even if <br />no statutorily recognized conflict exists when an action or decision affects an entire business <br />classification, profession, or occupation, a member of the Council or its advisory committees or a <br />Metropolitan Parks and Open Space Commission member still should consider whether participation <br />in a matter which substantially affects personal or business financial interests creates the appearance <br />of a conflict, and whether the appearance of a conflict might adversely reflect on the Council's or the <br />