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8. See generally 1990 Minn. Laws ch. 608. 9. See 1990 Minn. Laws ch. 608, art. 2, § 7. 10. Minnesota Statutes, section 10A.07, subdivision 1 states that public and local officials "shall" take certain actions if a conflict of interest exists. The legislature's use of the term "shall" means compliance with the prescribed actions is mandatory. See Minn. Stat. § 645.44, subds. 15, 16 (1990) (the; term "may" means "permissive"; the term "shall" means "mandatory"). 11. Minn. Stat. § 10A.07, subd. 1 (1990). See generally Minn. R. 4515.0300 -.0400 (1991) (regarding application of the conflict of interest provisions and notice of conflict of interest). In September 1990, the Ethical Practices Board published revised conflict of interest rules to implement the 1990 legislative amendments to the Ethics in Government Act. However, the board's proposed rules were withdrawn in November 1990. See 15 Minn Reg. 1226 (1990). The board's current conflict of interest rules are published in Minnesota Rules, Chapter 4515 (1991). Although the current rules have not been updated to reflect the 1990 amendments to the Ethics in Government Act, the rules continue to have the force and effect of law. See Minn. Stat. §§ 1438, subd. 1, 14.45 (1990) (administrative rules "shall have the force and effect of law" if the rules were adopted pursuant to the statutory rulemaking procedures and do not exceed the statutory authority of the administering agency); Guerrero v. Wagner, 310 Minn. 351, 246 N.W.2d 838, 841 (1976) ( "an administrative regulation is only valid to the extent it is consistent with the statutory authority pursuant to which it was promulgated "). 12. Minn. Stat. § 10A.01, subd. 18(o) (1990). The statute also defines "public official" to include any "member or chief administrative officer" of the metropolitan agencies. 13. See Minn. Stat. §§ 473.123, subd. 4(a), 473.141, subd. 3 (1990) (defining the chair of the Council and the chair of each metropolitan agency as a "voting member" of their respective bodies). 14. Minn. Stat. § 10A.07, subd. 1 (1990). The Ethics in Government Act defines a "metropolitan governmental unit" as: any of the seven counties in the metropolitan area as defined in section 473.121, subdivision 2, a regional railroad authority established by one or more of those counties under section 398A.03, a city with a population of over 50,000 located in the seven - county metropolitan area, the metropolitan council, a metropolitan agency as defined in section 473.121, subdivision 5a, the Minnesota state high school league, and the Greater Minnesota Corporation. Minn. Stat. § 10A.01, subd. 26 (1990). According to Chapter 473, the Metropolitan Parks and Open Space Commission is a "metropolitan agency." See Minn. Stat. § 473.121, subd. 5a (1990). The commission also is identified by state statute "as an agency of the council." See Minn. Stat. § 473.303, subd. 1 (1990). 15. Members of the Council's advisory committees are appointed by the Council to assist the Council in the performance of its duties. See Minn. Stat. § 473.127 (1990) (the Council may "establish and appoint persons to advisory committees "); see also Bylaws of the Metropolitan Council, art. III, § C.1. (June 1990). Council advisory committees are given specific charges, responsibilities, and functions by the Council. See id. art. III § C.2. Members of advisory committees whose charges include the authority to make or recommend major decisions regarding expenditures or investments of Council funds are subject to the statutory conflict of interest provisions. (cont'd on next page) - 12 -