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metropolitan governmental units should determine what constitutes a "major decision" for the <br />purposes of economic interest disclosure. See Ethical Practices Board Advisory Opinion No. 108 <br />(March 8, 1991) (a level of authority to make or to recommend major decisions regarding <br />expenditures and investments of public funds probably resides in department heads or deputy <br />department heads, but the local unit of government should determine for itself which employees meet <br />the definition of "local official "); Ethical Practices Board Advisory Opinion No. 111 (June 6, 1991) <br />(a unit of local government should determine which employees in its organizational structure meet <br />the definition of "local official "' the local unit of government should determine what constitutes a <br />"major decision "). <br />19. See Minn. Stat. § 10A.07, subd. 1 (1990) (referring to officials who are required to take an <br />action or make a decision "in the discharge of official duties "). Cf. Metropolitan Council Personnel <br />Code § 11.14(a) (Feb. 22, 1989) (the code prohibits use or attempted use of a Council employee's <br />"official position" to secure inappropriate benefits, privileges, or advantages); Minn. Stat. § 43A.38, <br />subd. 5(a) (1990) (conflict provisions governing state employees in the executive branch prohibit an <br />employee from using or attempting to use "the employee's official position to secure benefits, <br />privileges, exemptions or advantages for the employee or the employee's immediate family or an <br />organization with which the employee is associated which are different from those available to the <br />general public "). <br />20. The incompatibility of office doctrine usually applies to situations in which one individual <br />simultaneously holds two public offices. <br />Public offices are incompatible when their functions are inconsistent, <br />their performance resulting in antagonism and a conflict of duty, so <br />that the incumbent of one can not discharge with fidelity and <br />propriety the duties of both. <br />State ex rel. Hilton v. Sword, 157 Minn. 263, 196 N.W. 467, 467 (1923). Cf. Minn. Stat. § 473.141, <br />subd. 4 (1990) (members of each metropolitan agency "shall not during a term of office hold the <br />office of metropolitan council member, or be a member of another metropolitan agency, * * * the <br />metropolitan airports commission or the metropolitan sports facilities commission or hold any judicial <br />office "). <br />21. Cf. St. Cloud Newspapers, Inc. v. District 742 Community Schools, 332 N.W.2d 1, 6 (Minn. <br />1983) (the court concluded the state's open meeting laws applied to "meetings" that involved matters <br />"which could foreseeably require final action" by the governing body and meetings "at which <br />information is received which may influence later decisions" by public bodies). <br />22. The Council requires its advisory committees to adopt bylaws which include a specific conflict <br />of interest provision. Advisory committee bylaws are subject to Council approval. See Bylaws of the <br />Metropolitan Council, art. III, § C.3. (June 1990) (advisory committee bylaws and operating <br />procedures). <br />23. The term "substantially" generally means "materially" or "in a substantial manner." See Black's <br />Law Dictionary 1281 (5th ed. 1979). "'Substantial' as an adjective means something worth while as <br />distinguished from something without value, or merely nominal. In its ordinary parlance 'substantially <br />benefited' in a contract would mean some worthwhile advantage, profit, or good? In re Krause's <br />Estate, 173 Wash. 1, 21 P.2d 268, 270 (1933) (citations omitted). <br />24. Minn. R. 4515.0100, subp. 5 (1991). <br />- 14 - <br />