ITEM 1 Tips for Elected OfficialsPOD ELECTPn
OFFICIALS
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0 CAMPBELL .NUT
Overview
■ City Attorneys Role
■ Open Meeting Law
■ Conflicts of Interest
■ Gift Law
■ Statements Indicating Bias
■ Land Use Pyramid
PROFESSIONAL ♦ A55001ATION
City Attorneys Role
■ Role is legal advisor:
- Attend city council meetings and other meetings.
- Review and draft contracts and development
agreements.
- Make recommendations on employment issues.
■ Client is the City Council:
- Generally work through and with City Administrator.
■ David Kendall is Otsego's City Attorney.
CAMPBELL s
P R O F E S S I O N A L + A S S O C I A T I O N
Open Meeting Law
(BE PROFESSIONAL + A S S O C I A T I O N
Open Meeting Law
All meetings of the City Council must be open to the public, subject to a few
exceptions.
■ Purpose
Minn. Stat. § § 13 D.01-.07.
- Prohibit actions from being taken at a secret meeting
where the public cannot detect improper influences.
- Ensure the public's right to be informed.
- Gives the public an opportunity to present its views.
■ A meeting exists when a quorum of the City Council is
together and:
- Makes a decision concerning city business; or
- Discusses city business; or
- Obtains information on city business.
CAMPBELL s
P R O F E S S I O N A L + A S S O C I A T I O N
Notice
■ How much notice is required?
- Regularly scheduled meetings on your adopted meeting
schedule require no additional notice.
- Special meetings require mailed and posted notice at
least 3 days before the day of the meeting.
- Emergency meetings require as much notice as
possible. However, what constitutes an "emergency is
very narrowly defined and this provision is rarely used.
CAMPBELL s
P R O F E S S I O N A L + A S S O C I A T I O N
Exceptions to the Open
Meeting Law
■ A meeting must be closed to discuss:
- Allegations or charges against an employee.
- Data that is certainly not public.
■ A meeting can be closed to discuss:
- Employee performance.
- Attorney -client privilege.
- Purchase or sale of property.
- Security data.
CAMPBELL s
P R O F E S S I O N A L + A S S O C I A T I O N
Atypical Violations of Open
Meeting Laws
■ Serial communications
("round robin")
of a quorum
of
committee members in
any format will
constitute a
meeting
and is prohibited:
- E-mail
- Phone calls
- Letters
■ Chance or social gatherings are not considered meetings;
however, a quorum of council members may not use the guise
of a private or social gathering to receive information or
discuss official business.
("TT CAMPBELL KNUTSON
Closing a Meeting
■ What is the procedure to close a meeting?
- Start at open meeting.
- Announce basis for closing meeting.
- Describe subject to be discussed.
- Closed by majority vote.
- Record closed meeting, except for meetings closed for
attorney -client privilege.
CAMPBELL s
P R O F E S S I O N A L + A S S O C I A T I O N
ift
Gifts
■ "An interested person may not give a gift or request another
to give a gift to a local official."
- Minn. Stat. § 471.895
■ Local Official is an elected or appointed official of the City.
- This includes Commissions and Boards
CAMPBELL s
P R O F E S S I O N A L + A S S O C I A T I O N
Who is an interested person?
■ A person who has a direct financial interest in a decision that
a local official is authorized to make.
■ This includes anyone who may provide goods or services to a
city, such as engineers, attorneys, fiscal advisors, contractors
and sales representatives.
■ Every resident of the City and anyone doing business within
the City or hoping to do business in the City is potentially an
interested person, since they could have a direct financial
interest in city council decisions.
CAMPBELL s
P R O F E S S I O N A L + A S S O C I A T I O N
What is a gift?
■ Money, property, a loan, forgiving a debt, or a promise of future
employment without the giver being paid equal value.
■ Exceptions:
- Lawful campaign contributions.
- Services to assist an official in the performance of official
duties.
- Services of an insignificant monetary value.
- Plaques or mementos recognizing service.
- Trinket of or memento costing $5.00 or less.
- Informational material of unexceptional value.
- Food if you appear to make a speech.
- Gifts given because of your membership in a group, a
majority of whose members are not local officials.
- Gifts by a member of your family.
CAMPBELL s
P R O F E S S I O N A L + A S S O C I A T I O N
Recommendations for
Navigating the Gift Law
■ If you want the item or service offered, pay for it at its fair
market value.
■ If you want to attend the event, pay for it and the lunch.
■ If the gift is more general, have the City accept the donation
on behalf of the City.
■ Any questions - contact the City Attorney's office.
CAMPBELL s
P R O F E S S I O N A L + A S S O C I A T I O N
Conflicts of Interest
(BE PROFESSIONAL + A S S O C I A T I O N
Conflict of Interest
■ A conflict of interest occurs when a council member has a
personal or financial interest in a decision about which he or
she is authorized to make as a council member.
■ With limited exceptions, a council member may not have a
personal financial interest in a sale, lease, or contract with
the City. Minn. Stat. § 471.87
■ Any council member who has a personal financial interest in a
non -contract action is disqualified from participating in the
action.
■ The City's Code of Ethics implements a higher standard than
state statute.
CAMPBELL s
P R O F E S S I O N A L + A S S O C I A T I O N
City Code of Ethics
■ Potential conflicts of interest include personal (family, marriage, close
business, political association) and financial interest (any monetary
interest).
■ The City's Code of Ethics prohibits members of the City Council from:
- knowingly engaging in any conflict of interest which would impair
independent judgment and official duties.
- knowingly engaging in any business or transaction which would
impair independent judgment and official duties.
- having a direct or indirect financial or other personal interest
which would impair independent judgment and official duties.
■ City Code 1-10-4 (A)(1)
■ Disqualifying conflict of interest is a real or apparent conflict that a
reasonable person viewing the matter would determine that an
unbiased decision by the Council member is not possible. City Code 1-
10-4 (a)(3)
(-' CAMPBELL KNUTSON
Statements that Indicate Bias
■ If a councilmember expresses an opinion prior to the issue
being before the council puts the council's decision into
doubt.
■ Avoid any appearance that you have prejudged the issue.
■ If such a statement indicating bias has been made, then a
conflict of interest exists.
■ A biased councilmember can make a council's decision
arbitrary and in violation of due process.
CAMPBELL s
P R O F E S S I O N A L + A S S O C I A T I O N
What is not a Conflict of
Interest?
■ There is no personal interest in adopting a zoning ordinance
or amending a comprehensive plan amendments that affects
all property owners.
■ Church membership not a disqualifying interest
CAMPBELL s
P R O F E S S I O N A L + A S S O C I A T I O N
If a Conflict Exists
■ If you have an actual or potential financial or personal interest
in a decision to be made, disclose the conflict, abstain from
voting and do not participate in the discussion.
■ Unless absolutely necessary, it is best to avoid even the
appearance of a conflict.
■ If you have any concerns, consult with the City Attorney's
office.
CAMPBELL s
P R O F E S S I O N A L + A S S O C I A T I O N
Land Use
ROFESSIONAL -A SS CC I AT I ON
Pyramid of Land Use
The City has the most discretion at the
bottom of the pyramid and least at the top.
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Bldg ��` Perm is 'S�,,
Variances
� &_
QA Conditional 0
Q• Use Permits
Subdivision Applications
cw Zoning/Subdivision
w� Ordinances 10.
�+ Comprehensive Plan
•
PROFESSION qL � ASSOCIATION
Three levels of discretion:
Red administrative, so there is no
discretion.
Yellow - quasi judicial, so there is limited
discretion.
Green - legislative or policy -making, so
there is a great deal of discretion.
Variances
Conditional
Use Permits
Subdivision Applications
Zoning/Subdivision
Ordinances
Comprehensive (Plan
M�,111 PROFESSIONAL ♦ A551:1
U EST 10 N %low:
dkendall@ck-law.com
651-234-6207
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