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ITEM 1 Tips for Elected Officals6/17/2020 =0R ELECTPn FFICIALS Otse,ffo CAMPBELL KNUT: Overview ■ City Attorney's Role ■ Open Meeting Law ■ Conflicts of Interest ■ Gift Law ■ Statements Indicating Bias ■ Land Use Pyramid ® CAMPBELL KNUTSON 6/17/2020 City Attorney's 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 KNUTSON Open Meeting Law ® CAMPBELL KNUTSON 6/17/2020 Open Meeting Law All meetings of the City Council must be open to the public, subject to a few exceptions. Minn. Stat. §§ 13D.01-.07. ■ Purpose - 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. CAMP13ELL KNUTSON 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 KNUTSON 6/17/2020 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. CAMP13ELL KNUTSON 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. ® CAMPBELL KNUTSON 6/17/2020 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 KNUTSON Gift Law ® CAMPBELL KNUTSON 6/17/2020 G ifts ■ "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 �f ;r CAMP13ELL KNUTSON 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 KNUTSON 6/17/2020 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 KNUTSON 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 KNUTSON 6/17/2020 Conflicts of Interest CAMPP+FLC. KNUTSON 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 KNUTSON 6/17/2020 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) �f ;r 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 KNLTTSON 6/17/2020 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 CAMP13ELL KNUTSON 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 KNUTSON 10 6/17/2020 Land Use if}�1 CAMPBELLKNUTSON Pyramid of Land Use The City has the most discretion at the bottom of the pyramid and least at the top. Variances > s Qav Conditional p� Q Use Permits F Subdivision Applications Three levels of discretion: Red - administrative, so there is no discretion. Yellow - quasi-judicial, so there is limited discretion. A� �oninq/Subdivisi 1 Ordinances A Green legislative or policy making, so �j Comprehensive P there is a great deal of discretion. G "`�� eaar.Gsaiow ..,ssosuaeox: 11 6/17/2020 .1"? A ' Variances s gQ� Conditional a1, �t Use Permits E` Subdivision Applications ( CAMPBELL KNUTSON U EST 1 O N IS- dkendall@ck-law.com 651-234-6207 CAMPBELL KNUTSON 12