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2001 Correspondence
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2001 Correspondence
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commission's action or decision or adversely affect the Council's or the commission's ability to fulfill <br />their responsibilities as public entities. <br />2. Chapter 10A Requires Council, Metropolitan Parks and Open Space Commission, <br />and Council Advisory Committee Members to Prepare Written Statements <br />Describing the Matter Requiring Action or Decision and the Potential Conflict. <br />If a potential conflict of interest exists, a Council member, a member of a Council advisory <br />committee, or a Metropolitan Parks and Open Space Commission member "must prepare a written <br />statement describing the matter requiring action or decision and the nature of the potential conflict <br />of interest.n A Council member who has a potential conflict of interest must deliver a copy of the <br />statement to the chair of the Council. If the potential conflict of interest involves the Council <br />chair, the chair must deliver a copy of the statement to the governor, who is the appointing authority <br />for the chair of the Council. 35 A Council advisory committee member who has a potential conflict <br />of interest must deliver a copy of the statement to the chair of the advisory committee. ' An <br />advisory committee chair with a potential conflict should deliver a copy of the statement to the <br />Council chair. If a potential conflict of interest involves a member of the Metropolitan Parks and <br />Open Space Commission, the commission member should deliver a copy of the statement to the <br />commission chair. 37 If the potential conflict of interest involves the commission chair, the <br />commission chair should deliver a copy of the statement to the chair of the Council. <br />Sometimes a potential conflict of interest will exist or arise and a Council member, advisory <br />committee member, or commission member will not have sufficient time to prepare and deliver copies <br />of the required statement to the chair of the Council, the advisory committee, or the commission or <br />the appointing authority if the member with the potential conflict is the chair. If the member with <br />the potential conflict does not have sufficient time to prepare and deliver the required statement, <br />Chapter 10A requires the member with the potential conflict to "orally inform" the official body or <br />committee upon which the member serves. s9 If the potential conflict involves a Council member <br />and the conflict relates to issues before the Council or a Council standing committee to which the <br />member belongs, the Council member must orally inform the Council or the committee if the <br />potential conflict relates to issues before the Council or the committee. If the potential conflict <br />involves a Council advisory committee member and the potential conflict relates to issues before the <br />advisory committee, the member must orally inform the advisory committee. If the potential conflict <br />involves a Metropolitan Parks and Open Space Commission member and the potential conflict relates <br />to an issue before the commission, the member must orally inform the commission about the potential <br />conflict. 4° <br />Chapter 10A and its implementing rules require a Council member, a Council advisory committee <br />member, or a Metropolitan Parks and Open Space Commission member with a potential conflict of <br />interest to abstain from participating in the matter to which a conflict relates. <br />[If an official has a potential conflict of interest], the official shall <br />abstain, if possible, in a manner prescribed by the [ethical practices] <br />board from influence over the action or decision in question. * * * <br />If the official is not permitted or is otherwise unable to abstain from <br />action in connection with the matter, the official shall file a statement <br />describing the potential conflict and the action taken. A public <br />official shall file the statement with the [ethical practices] board and <br />a local official shall file the statement with the governing body of the <br />official's political subdivision. The statement must be filed within a <br />week of the action taken. 41 <br />-6 <br />
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