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2001 Correspondence
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2001 Correspondence
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Required notices and statements describing potential conflicts of interest must be filed on forms made <br />available by the Ethical Practices Board. 42 Conflict reporting forms from the Ethical Practices <br />Board are available in the Legal Department. <br />A Council member, Council advisory committee member, or Metropolitan Parks and Open Space <br />Commission member who has a potential conflict of interest "shall not chair a meeting, participate <br />in any vote, or offer any motion on the matter giving rise to [the official's] potential conflict of <br />interest." 43 Depending on the specific circumstances surrounding a potential conflict and the <br />proceedings involving the conflict, failure to abstain from participation in the matter to which the <br />conflict relates may nullify a Council or commission action, or decision, or render a Council or <br />commission action or decision void. 44 Failure to comply with the conflict of interest provisions of <br />Chapter 10A can result in criminal sanctions and may result in personal liability. 45 <br />State law also prohibits any "public officer" from taking part in any sale, lease, or contract if the <br />officer has a personal financial interest in those transactions. 46 The term "public officer" has been <br />interpreted broadly and probably includes all public officials, local officials, and public employees who <br />are authorized to take part in any manner in making any sale, lease, or contract in their official <br />capacities. " Criminal penalties might be imposed if Council members, other public officials, or local <br />officials participate in any sale, lease, or contract in which the members or officials have personal <br />financial interests. <br />B. CHAPTER 469 CONFLICT OF INTEREST PROVISIONS <br />The Council was established as a regional governmental unit to coordinate the planning and <br />development of the seven -county metropolitan area. 48 The Council's enabling statute expressly <br />authorizes the Council to operate as a housing and redevelopment authority within the metropolitan <br />area. When the Council is functioning as a housing and redevelopment authority, the Council and <br />its members have the same "functions, rights, powers, duties, privileges, immunities and limitations" <br />as are provided for municipal housing and redevelopment authorities. 49 The statutory conflict of <br />interest provisions of Chapter 469 which generally apply to housing and redevelopment authorities, <br />also apply to Council members when the Council is functioning as a housing and redevelopment <br />authority. 50 <br />Minnesota Statutes, sections 469.001 to 469.047 govern the operation of housing and redevelopment <br />authorities and contain specific conflict of interest provisions which apply to housing and <br />redevelopment authorities and the commissioners and employees of those authorities. <br />Subdivision 1. Disclosure. Before taking an action or making <br />a decision which could substantially affect the commissioner's or an <br />employee's financial interests or those of an organization with which <br />the commissioner or an employee is associated, a commissioner or <br />employee of an authority shall (a) prepare a written statement <br />describing the matter requiring action or decision and the nature of <br />the potential conflict of interest and (b) submit the statement to the <br />commissioners of the authority. The disclosure shall be entered upon <br />the minutes of the authority at its next meeting. The disclosure <br />statement must be submitted no later than one week after the <br />employee or commissioner becomes aware of the potential conflict of <br />interest. However, no disclosure statement is required if the effect on <br />the commissioner or employee of the decision or act will be no <br />greater than on other members of the business, profession or <br />occupation or if the effect on the organization with which the <br />
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