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2001 Correspondence
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2001 Correspondence
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43. The Ethical Practices Board's current rules state: <br />[S]ubsequent to the filing of a potential conflict of interest notice, or <br />subsequent to oral notice of a potential conflict of interest by a public <br />official, his immediate superior shall assign the matter, if possible, to <br />another employee who does not have a potential conflict of interest. <br />If the public official who has a potential conflict of interest does not <br />have an immediate superior except for notification purposes, the <br />public official shall do one of the following. Where the public official <br />having the potential conflict of interest is not required by law to <br />determine the matter, he shall either assign the matter to a <br />subordinate for disposition or request the appointing authority to <br />designate another to determine the matter. Where the public official <br />having the potential conflict of interest is required by law to <br />determine the matter, he shall so notify by certified mail all affected <br />parties known to him by providing these parties with copies of the <br />potential conflict of interest notice. A public official having the <br />potential conflict of interest shall not chair a meeting, participate in <br />any vote, or offer any motion on the matter giving rise to his potential <br />conflict of interest. <br />Minn. R. 4515.0500, subp. 1 (1991). The revised rules proposed by the board in September 1990 but <br />later withdrawn contained slightly different language which reflected the inclusion of "local officials" <br />within the conflict of interest provisions of Chapter 10A. Cf. Op. Att'y Gen. No. 90 -E (Apr. 17, <br />1978) (a city council member also was a member of the volunteer fire department; no prohibited <br />conflict of interest existed so long as any renewals, extensions, or modifications of the contract <br />between the city and the fire department were approved by unanimous vote of the city council); Op. <br />Att'y Gen. No. 59 -a -29 (Mar. 8, 1976) (property partially owned by a city council member could be <br />acquired by the city through condemnation proceedings if the interested council member did not <br />participate in the proceedings); Op. Att'y Gen. No. 90-c -8 (July 14, 1955) (a school district could <br />acquire a parcel of land from a school board member by eminent domain proceedings but the <br />interested board member was advised not to participate in the proceedings). <br />44. Cf. Northern States Power Co. v. Minnesota Public Utilities Commission, 414 N.W.2d 383, 387- <br />88 (Minn. 1987) (the public utilities commission could dismiss those portions of the rate case in which <br />the vote of the disqualified commissioner was determinative); Village of Courtland v. Courtland <br />Electric Co., 172 Minn. 392, 215 N.W. 673 (1927) (a contract between an electric company and a <br />village was voided by the court in part because all the officers of the village were stockholders of the <br />electric company; most of the village officers also were officers of the company); Op. Att'y Gen. No. <br />59a -32 (Sept. 11, 1978) (substantial self - interest by a city council member such as ownership of a <br />particular parcel of property subject to rezoning may disqualify the member from participating in the <br />proceedings; participation by the council member may be cause for invalidating the action). <br />An action or decision of the Council or the Metropolitan Parks and Open Space Commission <br />is not necessarily invalidated if an interested Council or commission member or employee participates <br />in the decision. Cf. Singewald v. Minneapolis Gas Co., 274 Minn. 556, 142 N.W.2d 739, 740 (1966) <br />(the supreme court suggested that an action by a city council need not be "vitiated" if the vote of the <br />council member directly or indirectly interested in the city contract "would not be determinative of <br />the action taken "). In a 1967 case, the Minnesota Supreme Court was asked to determine whether <br />a decision by a watershed district board should be voided because the petition for drainage channel <br />improvements was requested by the county board. Four of the five county board members owned <br />land affected and benefited by the proposed improvements. The court was asked to determine <br />whether the participation in the proceedings by interested county board members would void the <br />- 17 - <br />
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