Rules & Procedures 01-30-1995 •
ELK RIVER
PLANNING
COMMISSION
•
RULES AND
PROCEDURES
•
Planning Commission Rules and Procedures
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Article I. Introduction. 3
Section 1. Purpose 3
Section 2. Application of Rules and Procedures 3
Article H. Offices and Duties: 3
Section 1. Offices Designation 3
Section 2. Recording of Meetings 3
Section 3. Duties and Offices 3
Article III. Term Limits: 4
Article IV. Meetings and Hearings: 4
Section 1. Notice 4
Section 2. Meetings 5
Section 3. Workshops 5
Section 4. Meeting Records 5
Section 5. Meeting Arrangements 5
5.1 Date 5
5.2 Location 5
5.3 Additional Meetings 6
5.4 Additional Agenda Items 6
Section 6. Parliamentary Procedure 6
II Section 7. Public Hearing Agenda
6
Section 8. Procedure for Public Hearings
6
8.1 Procedure 6
8.2 Protocol 7
Section 9. Communications with Public and Applicant 7
9.1 General 7
9.2 Disclosures 7
9.3 Exception 7
Section 10. Deliberation 8
10.1 Voting 8
10.2 Conflict of Interest 8
Section 11. Application 8
11.1 Procedure 8
11.2 Deadline 8
11.3 Review of Applications 8
Section 12. Orientation for New Members 8
Article V. Education, Conference& Convention Policy: 9
Article VI. Maintenance of Rules and Procedures: 10
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2. Call special meetings of the Commission in accordance with the City
Ordinance.
3. Sign documents of the Commission.
4. See that all actions of the Commission are properly taken.
5. Work with the City Staff to set monthly meeting agendas.
B. Vice Chairperson
During the absence, disability or disqualification of the Chairperson, the Vice Chairperson
shall exercise or perform all the duties and be subject to all the responsibility of the
chairperson.
C. Commissioners
1. All commissioners shall be responsible for the collection, review and
dissemination of facts regarding an issue before them. Facts shall be gathered
in a manner consistent with Article IV Section 9 of these procedure's.
2. All commissioners shall be familiar with City Code, the City Comprehensive
Plan, and state law regarding the operation and duties of a planning
commission.
• 3. At least one Planning Commissioner will be available at the City Council
meetings, where Planning Commission items will be discussed,to answer
questions and provide information relevant to Planning Commission decisions.
4. All Commissioners shall endeavor to be present all Planning Commission
meetings and hearings
Article Ill. Term Limits:
The City of Elk River Planning Commission recognizes that service on the Elk River
Planning Commission is a civic duty. The Commission has recommended that
Commissioners limit their service to 2 (Two)terms. Before being considered for another
appointment to the Planning Commission, a former Planning Commissioner shall have
spent no less than one three year term off the commission.
Article IV. Meetings and Hearings:
Section 1. Notice
• Notices of all meetings and hearings of the Planning Commission shall be made in
accordance with all statutory and ordinance notification requirements.
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Article I. Introduction:
Section 1. Purpose
It is the intent of the Elk River Planning Commission to conduct its business and perform
its responsibilities and duties in an orderly, efficient, fair and lawful manner. These rules
and procedures are established for that purpose.
Section 2. Application of Rules and Procedures
Unless otherwise specifically indicated,these rules and procedures shall apply to the
transaction and administration of all Planning Commission business and the conduct of all
Planning Commission meetings and hearings.
Article II. Offices and Duties:
• Section 1. Offices Designation
The Commission at its first regular meeting in January of each year shall elect a
Chairperson and Vice Chairperson.
Section 2. Recording of Meetings
The City supplies a qualified staff member to perform all general corresponding and
recording secretarial duties for the Planning Commission. In the absence of staff to
perform recording the Vice-Chairperson shall record the activities which take place during
the meetings.
Section 3. Duties and Offices
The duties and powers of the offices and the members of the Planning Commission shall
be as follows:
A. Chairperson
• 1. Preside at all meetings of the Commission.
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Section 2. Meetings
1. All meetings of the Elk River Planning Commission shall be open to the public.
2. The Planning Commission shall attempt to obtain at least one joint meeting with the
City Council annually.
3. The Planning Commission shall attempt to obtain at least one joint meeting with the
Park and Recreation Commission annually.
Section 3. Workshops
Workshops and other meetings whose sole purpose is for general information and/or
educational purposes will be open to the public. Public testimony may or may not be
allowed.
IIISection 4. Meeting Records
All tapes, minutes, evidence, exhibits, correspondence,maps, plats etc. shall be made a
part of the record, become the property of the City of Elk River and be maintained as a
permanent record in the City offices. These records shall be available to the public during
normal business hours at the City Hall.
Section 5. Meeting Arrangements
5.1 Date
The Planning Commission shall meet regularly on the fourth Tuesday of each month.
Other meeting dates shall be selected by the commission at their regular meetings or called
and set by the Chairperson when necessary or requested by staff, in accordance with
Section 5.3. All Commissioners will be provided with a minimum of three days notice.
5.2 Location
City Staff shall select a meeting location that will suite the anticipated needs of the
meeting and which shall be accessible to all. Most meetings will take place at the City
Hall.
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5.3 Additional Meetings
The Chairperson may call for a special meeting at any time. Notice of the time and place
shall be communicated to the members and publicly notices at least three(3)days prior to
the meeting.
5.4 Additional Agenda Items
Agenda items are to be added at the workshop meeting, or if no workshop meeting,
additions can be made by calling the Chairperson one week prior to the regular monthly
meeting.
Section 6. Parliamentary Procedure
Meetings of the Elk River Planning Commission shall be conducted using Robert's Rules
of Order,Revised.
Section 7. Public Hearing Agenda
• The City Staff and the Planning Commission Chair set the agenda for the public hearings.
The agenda may be amended by a majority vote of the Commission.
Section 8. Procedure for Public Hearings
8.1 Procedure
1. The City staff will furnish the Commission with all pertinent information concerning
the request.
2. The Chairperson will open the public hearing.
3. The applicant and/or the representative will explain the request.
4. Those who wish to may provide testimony.
5. The applicant and the opposition will then have an opportunity to answer questions.
6. After closing a hearing the Commissioners may continue to question applicants or
other constituents who have testified.
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8.2 Protocol
1. Everyone who wishes to give testimony will be allowed to do so.
2. All Statements or questions should be directed to the chair.
3. Be as factual as possible.
4. Refrain from repeating what has already been stated, and do not involve personalities.
5. Each person offering testimony or asking questions will need to give his or her name
and address to the recorder.
6. The Planning Commission reserves the right to question any speaker.
7. The City Staff shall be permitted to ask questions to clarify motions or items brought
out at the hearing.
8. Written testimony may be received.
• 9. While all deliberations are open to the public no additional testimony may be offered
after the close of the public hearing.
Section 9. Communications with Public and Applicant
9.1 General
Prior to public hearing or Commission deliberation, no Commissioner member shall lobby
the merits of a pending case with staff, applicant, commission member or the general
public.
9.2 Disclosures
If a commission member discusses a pending case in violation of Section 9.1,the member
shall disclose during the public hearing the facts relating to such meeting.
9.3 Exception
Nothing in this section shall preclude the general information communication by
Commission members relating to the general conduct of a meeting or hearing, or forbid
staff or members from discussing with Commission members any upcoming meetings so
long as the facts or merits of the meeting are not discussed.
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Section 10. Deliberation
10.1 Voting
A majority of the commission members entitled to vote shall constitute a quorum for the
transaction of business.
10.2 Conflict of Interest
Any member of the Planning Commission who shall feel that he or she may appear to
have, or in fact has a conflict of interest on any matter that is on the Planning Commission
agenda shall voluntarily excuse himself/herself;vacate their seat and refrain from
discussing and voting on said items as a Planning Commissioner.
A conflict of interest is any direct contractual pecuniary, or other beneficial interest in the
outcome of a matter before the Planning Commission.
Section 11. Application
11.1 Procedure
All Applications shall be submitted on a form provided by City Staff and accompanied by
• information and submissions required in the Zoning Ordinance. Applications shall not be
accepted by City Staff until all information is provided and the application is deemed
complete by Staff
11.2 Deadline
The City Staff shall set the deadline for applications coming before the Commission.
11.3 Review of Applications
All applications shall be available for public review in accordance with procedures outlined
by the City Staff
Section 12. Orientation for New Members
To assist new members in learning their responsibilities and to develop their understanding
of the planning process as quickly as possible,they will be required to:
• Review procedures with City Staff.
• Review Planning Commission's Orientation Outline.
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Article V. Education, Conference & Convention Policy:
The City Council and Planning Commission of Elk River recognize and accept the concept
that the acquisition and maintenance of a body of knowledge and skills is necessary and
desirable to perform the job of the Planning Commission. Further, both groups encourage
and highly recommend periodic attendance at various educational opportunities,
conferences and conventions.
The following is the policy of the Elk River Planning Commission as it relates to city
funded educational meetings, conferences and conventions.
1. All education and training is subject to availability of funds.
2. Attendance at educational meetings, conferences and conventions is voluntary.
Planning Commission members are encourages to attend educational meetings,
conferences and conventions.
3. Involvement in relevant professional organizations such as the MPA or MnAPA
membership, office-holding, or committee work is intended to be considered
Oeducational.
4. Planning Commission members are encouraged to participate in their budget process
and request allocations for education purposes.
5. In the event of budget constraints, the acquisition of skills and knowledge through
educational meetings, conferences and conventions shall have precedence of the
maintenance of same.
6. That two members may attend a National Planning Conference yearly.
7. There are no limits on the number of members or on the number of times a member
may attend a State Planning Annual Conference.
8. Planning Commissioners are encouraged to report on their educational experiences to
other commissioners.
9. Attendance at a State Conference is required before attending a National Conference.
10. No member may attend an additional National Conference until all members who are
eligible and desire to attend a first conference have done so.
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Article VI. Maintenance of Rules and Procedures:
Review rules and procedures annually and update as needed.
Dated: January 23, 1990
Revised: January 18, 1992
February 1, 1994
January 30, 1995
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MEMORANDUM
LARKIN,HOFFMAN,DALY&LINDGREN,LTD.
• Attorneys at Law
1500 Norwest Financial Center
7900 Xerxes Avenue South
Bloomington, Minnesota 55431
Telephone: (612)835-3800
FAX: (612)896-3333
TO: Mayor Henry A. Duitsman
Members of the City Council
Members of the Economic Development Authority
Members of the Housing and Redevelopment Authority
Members of the Planning Commission
Members of the Park and Recreation Commission
Elk River Municipal Utility Commissioners
City of Elk River Department Heads
FROM: Peter Beck, City Attorney
DATE: January 20 , 1995
RE: City of Elk River Conflict of Interest Policy
Minnesota Open Meeting Law
CONFLICT OF INTEREST
Attached for your review are copies of Section 218 . 08 (9) of the
• Elk River Code of Ordinances and Minnesota Statutes Sections
471 . 87-471 . 895 . These ordinance and statutory provisions set
forth the conflict of interest standards applicable in the City
of Elk River.
The City of Elk River' s policy is to enforce the state conflict
of interest laws applicable to municipal officials, and to apply
a similar standard to all City of Elk River officials and
employees . Following is a summary of the applicable state laws
and the City' s ordinance.
Contracts
Minnesota Statutes Section 471 . 87 prohibits any public official
who is authorized to take part in the making of a sale, lease, or
contract to voluntarily have a personal financial interest in the
transaction or to personally benefit financially from it.
Violation of this prohibition is a gross misdemeanor.
This statute applies to all kinds of contracts, formal or
informal, for goods, real estate or services, whether the City is
the buyer or seller. This statute applies only to persons
•
authorized to take part in the making of contracts . In Elk
River, this would include members of the City Council, the EDA,
the HRA and Elk River Municipal Utilities, because each of these •
bodies is authorized to enter into contracts . The statute
prohibits these persons from being paid employees of the City,
entering into any contract with the City, holding stock in a
corporation which enters into a contract with the City, or being
a subcontractor under a contract with the City.
In addition to Minnesota Statutes Section 471 . 87, the City
Council Members are also subject to Minnesota Statutes Section
412 . 311, which provides that, "no member of a City Council shall
be directly or indirectly interested in any contract made by the
Council . " This provision is somewhat broader than that in
Section 471 . 87, and requires that City Council Members be
particularly circumspect about conflict of interest situations
regarding contracts .
Minnesota Statutes Section 471 . 88 sets forth some exceptions to
Section 471 . 87, and authorizes the City Council , by unanimous
vote, to contract for goods or services with one of its
interested officials under certain circumstances, including:
1 . The designation of a bank or savings association as an
authorized depository for public funds and as a source
of borrowing. However, the official who has an interest
in the bank or savings association must disclose that
interest when the bank or savings association is first •
designated, or when the official is elected, and that
disclosure must be entered in the minutes of the City
Council .
2 . The designation of an official newspaper or the
publication of official matters in the newspaper, when
the newspaper is the only one complying with statutory
requirements for designating the official newspaper.
3 . A contract with a cooperative association of which the
official is a shareholder or stockholder but not an
officer or director.
4 . A contract for which competitive bids are not required.
The League of Cities has interpreted this provision as
meaning a contract under the competitive bidding
threshold of Minnesota Statutes Section 471 . 345
($25, 000) .
5 . A contract with a Volunteer Fire Department for the
payment of compensation to its members or for the
payment of retirement benefits to members .
6 . When an EDA Commissioner is employed by a bank engaged
in making loans or performing trust services involving
real or personal property affected by any plan of the •
2 .
EDA, if the Commissioner discloses the nature of the
loans or trust services of which the Commissioner has
personal knowledge, which disclosure shall be entered
• into the minutes of the EDA.
7 . A public officer may rent space in a public facility at
a rate commensurate with that paid by other members of
the public .
8 . Local officials may apply for a County HRA loan or
grant.
Minnesota Statutes Section 471 . 881 provides that the exceptions
set forth above apply notwithstanding the provisions of any other
statute, and Section 471 . 89 sets forth the procedures to follow
when a contract is void.
Gifts
Minnesota Statutes Section 471 . 895 addresses gifts to public
officials . This is the statute adopted by the 1994 legislature
which has triggered so much discussion.
The prohibition in this statute reads as follows :
An interested person may not give a gift or request another
to give a gift to a local official . A local official may
not accept a gift from an interested person.
• "Gift" is defined to mean money, real or personal property, a
service, a loan, a forbearance or forgiveness of indebtedness, or
a promise of future employment, that is given and received
without the giver receiving consideration of equal or greater
value in return.
"Interested person" is defined to mean a person or a
representative of a person or association that has a direct
financial interest in a decision that a local official is
authorized to make.
"Local official" is defined to mean an elected or appointed
official of a county or city or of an agency, authority or
instrumentality of a county or city.
Following are some thoughts on some of the key terms in this
statute:
Who is an "interested person"?
An interested person is one that has "a direct financial
interest" in a decision that a local official is authorized
to make. Commentators have suggested that a direct
financial interest is not the general interest that every
taxpayer has in the decisions of a local official , but is
•
3 .
the more immediate and personal interest that one has in a
decision that affects one differently from others , such as a
tax abatement or assessment on a particular parcel . •
Who is a "local official"?
Members of the Elk River City Council and all members of
appointed Council Commissions (including the EDA, HRA,
Planning Commission, Park and Recreation Commission, Elk
River Municipal Utilities, etc . ) are local officials . The
commentators have suggested that appointed staff members are
also "local officials, " if they have significant
responsibility for making decisions . However, not every
person who works for the City is an "official . " Officials
are those who have significant responsibility for making
decisions, not those who simply carry out the orders of
others .
What is a "gift"?
Virtually anything of any value is going to be considered a
"gift" under this statute, including:
(a) money, including honoraria;
(b) real or personal property, including food and
beverages, entertainment tickets, etc. ;
(c) services, including free travel and lodging; •
(d) a loan, forbearance or forgiveness of indebtedness;
and
(e) a promisE. of future employment .
To be a gift, the item of value must be given and received
without the giver receiving consideration of equal or
greater value in return. The commentators are suggesting
that this language will allow local officials and interested
persons to, for instance, take turns picking up the check
for meals or other items of equal value .
The statute makes exceptions for the following:
(a) campaign contributions;
(b) services to assist in the performance of official
duties including, but not limited to, providing advice,
consultation, information and communication in
connection with legislation and services to
constituents;
•
4 .
(c) services of insignificant monetary value. However, the
value is measured by its value to the recipient (local
official) rather than to the giver. Commentators have
• indicated that this exception should be narrowly
construed.
(d) plaques or mementos recognizing service;
(e) trinkets or mementos of insignificant value, such as
pins, pens, cups and calendars, etc . ;
(f) informational material of unexceptional value, such as
newspapers, pamphlets, brochures, etc. ;
(g) food or beverages given in connection with a speech;
(h) the law does also not apply to gifts given by a family
member, nor to gifts given to groups that are not
related to the recipient ' s position as a public
official, but given for some other reason.
Violation of Minnesota Statutes Section 471 . 895 is a misdemeanor.
Therefore, all City officials and employees should be very
careful about complying with its requirements .
City Policy
The City Conflict of Interest Ordinance incorporates the state
• laws outlined above, and also:
1 . Sets forth a city conflict of interest policy. This
policy provides that officials and employees of the
City, or their family members, shall not engage or have
a financial interest in a business or other activity
which could reasonably lead to a conflict of interest
with the officials or employees ' primary city
responsibilities .
2 . Sets forth eight examples of activities which are not in
accordance with this policy. This list is not intended
to be comprehensive, but only illustrative of the types
of activities which are not in accordance with the
policy.
3 . Applies this policy to City officials and all employees
of the City. This is broader than the state laws, which
cover only public officials and "local officials . "
Violation of the City' s Conflict of Interest Policy is not made a
criminal violation by the Ordinance but is, pursuant to the terms
of the ordinance, grounds for termination of employment or
removal from office.
411
5 .
Conclusion
The city and state requirements and policies regarding conflicts •
of interest can be complex and difficult to apply to specific
situations . This memorandum and attachments are intended to
provide each of you and your employees with the laws themselves
and some general guidance. I encourage each of you to consult me
if you have questions about the application of these statutes and
this ordinance to a specific situation.
OPEN MEETING LAW
Also attached to this memorandum is a copy of Minnesota Statutes
Section 471 . 705 , the State Open Meeting Law. Because this law
has changed somewhat in recent years, and there have been a
number of recent cases decided under it, I thought it would be
helpful to review the open meeting law requirements with you as
well .
Basic Requirements
The basic requirements and principles of the open meeting law are
as follows :
o All meetings of the City Council and any committee,
subcommittee, board, department or commission thereof
must be open to the public.
• Votes on any action taken at such a meeting must be •
recorded.
o Written materials distributed or available to the
participants in such a meeting must be available for
inspection by the public.
o Notice of any such meeting must be provided to the
public, including three days written notice of special
meetings .
o Penalties include:
o $300 civil liability for each intentional violation
of the open meeting law;
o Forfeiture of office for three or more intentional
violations .
Affected Groups
The open meeting law has been very broadly construed by the
Minnesota courts . Therefore, it must be assumed that the open
meeting law applies to all boards and commissions receiving this
memorandum, and any other group the Council officially appoints
for a specific purpose with at least some delegated authority.
110
6 .
This includes ad-hoc committees such as the Growth Management
Steering Committee, and any group which includes a quorum of the
City Council . All meetings of such groups must be noticed and
• open to the public .
Meetings
The open meeting law applies not only to official meetings of an
affected group, but to any gathering of a quorum or more of the
members of that group at which the members discuss, decide or
receive information on issues relating to official business. For
example, two members of a three member commission would be in
violation of the open meeting law if they discussed official
business at any time, even over the telephone . Likewise, a
quorum of any body would be in violation of the open meeting law
even if they were not discussing anything amongst themselves, but
were merely receiving information from a staff member or an
affected member of the public.
Violations
A violation of the requirements of the open meeting law exposes
the affected public official to the civil penalties set forth
above, and the possibility of incurring substantial attorneys '
fees defending a lawsuit. Good faith is not a defense to a
violation of the open meeting law. This means that a city
official can be liable for the penalties outlined above even if
there was no intent to violate the open meeting law. For
• instance, chance encounters of a quorum of a body at which
official business is discussed or information received are in
violation, even if there was no intent to violate the law.
The City of Elk River has purchased insurance to protect its
elected and appointed officials from personal liability for
attorneys ' fees incurred in defending open meeting lawsuits .
However, this insurance does not cover the civil penalties and
does not insulate the official from forfeiture of office.
Conclusion
The state open meeting law is very broad and has been broadly
construed by the state courts . Those of you who sit on any of
the boards or commissions to which this memorandum is addressed
should avoid discussing any City business at any time a quorum of
your group is present . City staff should not transmit
information to a quorum of any such body outside of an officially
noticed meeting. Once again, I encourage each of you to consult
me if you have any questions about the application of the state
open meeting law to a specific situation.
•
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PKB:JHSs
ORDINANCE NO. 94 -
CITY OF ELK RIVER •
AN ORDINANCE AMENDING SECTION 218 . 08 (9) OF THE ELK
RIVER CITY CODE OF ORDINANCES REGARDING THE CITY' S
CONFLICT OF INTEREST POLICY
The City Council of the City of Elk River does hereby ordain as
follows :
Section 1 . Section 218 . 08 (9) of the Elk River Code of
Ordinances is amended to read as follows :
218 . 08 (9) Conflict of Interest .
a. Introduction. The credibility of local government rests
heavily upon the confidence which citizens have in public
officials and employees to render fair and impartial services
to all citizens without regard to personal interest and/or
political influence . Thus, City officials and employees must
scrupulously avoid any activity which suggests a conflict of
interest between their private interests and City
responsibilities . Officials and employees of the City, or
their family members, shall not engage or have financial
interest in any business or other activity which could
reasonably lead to a conflict of interest with the official ' s •
or employee ' s primary City responsibilities . "Family members"
of an official or employee shall be deemed to be the official
or employee ' s spouse, parents, children, siblings, brothers-in-
law, and sisters- in-law and the lineal descendants of any of
them. Examples of activities which are not in accordance with
this policy include, but are not limited to the following:
(1) Entering into any sale, lease or contract in
violation of Minnesota Statutes, Section 471 . 87-
471 . 89 ;
(2) Acceptance by a local official of any gift from an
interested person in violation of Minnesota Statutes
Section 471 . 895 ;
(3) Activities which require the official or employee to
interpret City codes, ordinances, or regulations when
such activity involves matters with which the
official or employee has business and/or family ties;
(4) Consulting activities carried out within the City if
such consulting involves talents or skills primarily
related to the official ' s or employee ' s City work
responsibilities;
•
(5) Using an official ' s or employee ' s authority,
influence or City position for the purpose of private
• or personal financial gain;
(6) The use of city time, facilities , equipment, or
supplies for the purpose of private or personal
financial gain;
(7) Entering into a business transaction when it involves
using confidential information gained in the course
of employment ;
(8) Accepting other employment or public office where it
will affect the official ' s or employee ' s independence
of judgment or require use of confidential
information gained as a result of City duties;
(9 ) Conducting personal business while working regularly
scheduled hours; and
(10) Accepting rebates or procuring any financial gain
through the bidding process or employment of outside
personnel .
Any official or employee engaging in any activity involving
either an actual or potential conflict of interest or having
knowledge of such activity by another official or employee
shall promptly report the activity to the City Administrator
• or, if such activity be by the City Administrator, to the
Mayor. The City Administrator or Mayor shall investigate the
matter and make a determination as to whether or not an actual
or potential conflict exists . If the City Administrator or
Mayor determines a conflict exists , it shall be presumed that
the continuation of the practice would be injurious to the
effectiveness of the official or employee in carrying out
his/her duties and responsibilities . In such cases the
official or employee shall immediately terminate the
conflicting activity or be subject to termination of employment
or removal from office.
b. Officials . For the purposes of this Section 218 . 08 (9) ,
the term "official" shall include all elected and appointed
officials of the City including, but not limited to, the City
Council, the Economic Development Authority, and the members
of the Boards and Commissions established by Chapter II of
the City Code of Ordinances . "Employee" shall include any
individual employed by the City on a full or part-time basis .
c . Elections . No elected official shall require, either
directly or indirectly, any employees of the City to campaign
on his/her behalf as a condition to employment . No employee
shall use City time or resources in promoting or advocating
the election of any individual .
•
d. Applicability. Nothing in this policy is intended to
violate, supersede, or conflict with any applicable state or
federal law regarding conflicts of interest in public •
employment or disclosure requirements .
Section 2 . This ordinance shall be effective upon adoption and
publication, according to law.
Passed and adopted by the City Council of the City of Elk
River, this day of 1994 .
Henry A. Duitsman, Mayor
Attest :
Sandra Thackeray, City Clerk
•
•
PKB:JH6s
471.87. Public officers, interest in contract; penalty
Except as authorized in section 471.88, a public officer who is authorized to
• take part in any manner in making any sale, lease, or contract in official
capacity shall not voluntarily have a personal financial interest in that sale,
lease, or contract or personally benefit financially therefrom. Every public
officer who violates this provision is guilty of a gross misdemeanor.
Laws 1951, c. 379, § 1. Amended by Laws 1955, c. 41, § 1; Laws 1986, c. 444.
471.88. Exceptions
Subdivision 1. The governing body of any port authority, seaway port
authority, economic development authority, town, school district, hospital dis-
trict, county, or city, by unanimous vote, may contract for goods or services
with an interested officer of the governmental unit in any of the following cases.
. Subd. 2. In the designation of a bank or savings association in which the
officer is interested as an authorized depository for public funds and as a
source of borrowing, no restriction shall apply to the deposit or borrowing of
any funds or the designation of a depository by such authority or governmental
unit in any bank or savings association in which a member of an authority or
officer of a governmental unit shall have an interest if such deposited funds are
protected in accordance with chapter 118; provided, however, that any mem-
ber or officer having such an interest shall disclose that the member is a
director or employee of the bank or savings association, which disclosure shall
be entered upon the minutes of the authority or governmental unit, such
disclosure shall be made when such bank or savings association is first
designated as a depository or as a source of borrowing, or when such member
or officer is elected whichever is later, and such disclosure shall serve as notice
of such interest and need not be made with each successive transaction;
Subd. 3. The designation of an official newspaper, or publication of official
matters therein, in which the officer is interested when it is the only newspaper
complying with statutory or charter requirements relating to the designation or
publication;
Subd. 4. A contract with a cooperative association of which the officer is a
shareholder or stockholder but not an officer or manager;
Subd. 5. A contract for which competitive bids are not required by law.
Subd. 6. A contract with a volunteer fire department for the payment of
compensation to its members or for the payment of retirement benefits to these
members;
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MUNICIPAL RIGHTS, POWERS, DUTIES § 471.88 •
Subd. 7. A contract with a municipal band for the payment of compensa-
tion to its members;
Subd. 8. Repealed by Laws 1992, c. 380, § 8.
Subd. 9. When a port authority commissioner or economic development
authority commissioner is engaged in or employed by a firm engaged in the
business of importing or exporting or general trade, it shall be lawful for the
authority to do business with the commissioner or the commissioner's employer
provided that in the fixing of any rates affecting shippers or users of the
terminal facility, said commissioner shall not vote thereon.
Subd. 10. When a seaway port authority commissioner is engaged in or
employed by a firm engaged in the business of importing or exporting or
general trade, it shall be lawful for the authority to do business with the
commissioner or the commissioner's employer provided that in the fixing of
any rates affecting shippers or users of the terminal facility, said commissioner
shall not take part in the determination'of, exceptto testify, nor vote thereon.
Subd. 11. When a commissioner of any public housing, port authority, or
economic development authority is employed by a bank engaged in making
loans or performing trust services involving real or personal property affected
by any plan or such housing or port authority, no restriction shall apply to any
such loans made or trust services performed by said bank if the commissioner
shall disclose the nature of such loans or trust services of which the commis-
sioner has personal knowledge, which disclosure shall be entered upon the •
minutes of such authority.
Subd. 12. An officer of a government unit may contract with the unit to
provide construction materials or services, or both, by sealed bid process if the
unit has a population of 1,000 or less according to the last federal census. The
officer may not vote on the question of the contract when it comes before the
governing body for consideration.
Subd. 13. A public officer may rent space in a public facility at a rate
commensurate with that paid by other members of the public.
Subd. 14. Housing and redevelopment authority. When a county or multi-
county housing and redevelopment authority administers a loan or grant
program for individual residential property owners within the geographical
boundaries of a government unit by an agreement entered into by the govern-
ment unit and the housing and redevelopment authority, an officer of the
government unit may apply for a loan or grant from the housing and redevelop-
ment authority. If an officer applies for a loan or grant, the officer must
disclose as part of the official minutes of a public meeting of the governmental
unit that the officer has applied for a loan or grant.
Subd. 15. Franchise agreement. When a home rule charter or statutory
city and a utility enter into a franchise agreement or a contract for the
provision of utility services to the city, a city council member who is an
employee of the utility is not precluded from continuing to serve as a city
council member during the term of the franchise agreement or contract if the
council member abstains from voting on any official action relating to the
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§ 471.88
MUNICIPALITIES
• franchise agreement or contract and discloses the member's reason for the
abstention in the official minutes of the council meeting.
Subd. 16. School district. Notwithstanding subdivision 5, a school board
• member may be newly employed or may continue to be employed by a school
district as an employee only if there is a reasonable expectation at the begin-
ning of the fiscal year or at the time the contract is entered into or extended
that the amount to be earned by that officer under that contract or employment
relationship will not exceed $5,000 in that fiscal year. Notwithstanding section
125.12 or 125.17 or other law, if the officer does not receive unanimous
approval to continue in employment at a meeting at which all board members
are present, that employment is immediately terminated and that officer has no
further rights to employment while serving as a school board member in the
district.
Laws 1961, c. 651, § 1. Amended by Laws 1965, c. 806, §§ 1 to 4; Laws 1969, c. 26,
§ 1, eff. March 6, 1969; Laws 1973, c. 123, art. 5, § 7; Laws 1977, c. 55, §§ 1 to 3, eff.
May 5, 1977; Laws 1978, c. 651, § 1, eff. March 29, 1978; Laws 1979, c. 20, § 1, eff.
April 10, 1979; Laws 1986, c. 400, §§ 38 to 40, eff. March 25, 1986; Laws 1986, c. 444;
Laws 1991, c. 65, §§ 1, 2; Laws 1992, c. 380, § 7; Laws 1992, c. 522, §§ 42, 43, eff.
April 30, 1992; Laws 1993, c. 224, art. 9, § 43, eff. June 30, 1993.
•
471.881. Exceptions; application
The exceptions provided in section 471.88 shall apply notwithstanding the
provisions of any other statute or city charter.
Laws 1967, c. 18, § 1, eff. Feb. 25, 1967.
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471.89. Contract, when void
Subdivision 1. Procedure followed. A contract made pursuant to section
471.88, subdivision 5, is void unless the procedure prescribed by subdivisions 2 •
and 3 is followed.
Subd. 2. Resolution by governing body. Except in an emergency making
such procedure impracticable, the governing body of the governmental unit
shall authorize the contract in advance of its performance by adopting a
resolution setting out the essential facts and determining that the contract price
is as low as or lower than the price at which the commodity or services could
be obtained elsewhere. In case of an emergency when the contract cannot be
authorized in advance, payment of the claims shall be authorized by a like
resolution in which the facts of the emergency are also stated.
Subd. 3. Claims, affidavits filed. Before such a claim is paid, the interest-
ed officer shall file with the clerk of the governing body an affidavit stating:
(a) The name of the officer and the office held by the officer;
(b) An itemization of the commodity or services furnished;
(c) The contract price;
(d) The reasonable value;
(e) The interest of the officer in the contract; and
(f) That to the best of the officer's knowledge and belief the contract price is
as low as, or lower than, the price at which the commodity or services could be
obtained from other sources.
Laws 1951, c. 379, § 3. Amended by Laws 1965, c. 45, §§ 64 to 66, eff. Feb. 28, 1965;
Laws 1967, c. 125, §§ 1, 2; Laws 1978, c. 651, §§ 2, 3, eff. March 29, 1978; Laws 1986,
c. 444.
•
•
•
471.895. Certain gifts by interested persons prohibited
Subdivision 1. Definitions. (a) The definitions in this subdivision apply to this section.
(b) "Gift" has the meaning given it in section 10A.071,.subdivision 1.
(c) "Interested person" means a person or a representative of a person or association that
has a direct financial interest in a decision that a local official is authorized to make.
(d) "Local official" means an elected or appointed official of a county or city or of an
agency, authority, or instrumentality of a county or city.
Subd. 2. Prohibition. 'An interested person may not.give a gift or request another to
give a gift to a local official: A local official may not accept a gift from an interested person.
Subd. 3. Exceptions. (a) The prohibitions in this section do not apply if the gift is:
(1) a contribution as defined in section 211A.01, subdivision 5;
(2) services to assist an official in the performance of official duties, including but not
limited to providing advice, consultation, information, and communication in connection with
legislation, and services to constituents;
(3) services of insignificant monetary value;
(4) a plaque or similar memento recognizing individual services in a field of specialty or to a
charitable cause;
(5) a trinket or memento of insignificant value;
• (6) informational material of unexceptional value; or
(7) food or a beverage given at a reception, meal, or meeting away from the recipient's
place of work by an organization before whom the recipient appears to make a speech or
answer questions as part of a program.
(b) The prohibitions in this section do not apply if the gift is given:
(1) because of the recipient's membership in a group, a majority of whose members are not
local officials, and an equivalent gift is given to the other members of the group; or
(2) by an interested person who is a member of the family of the recipient,unless the gift is
given on behalf of someone who is not a member of that family.
Laws 1994, c. 377, § 6.
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111
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471.705. Meetings of governing bodies; open to public; exceptions •
Subdivision 1. Presumption of openness. Except as otherwise expressly provided by
statute, all meetings, including executive sessions, of any state agency, board, commission or
department when required or permitted by law to transact public business in a meeting, and
the governing body of any school district however organized, unorganized territory, county,
city, town, or other public body, and of any committee, subcommittee, board, department or
commission thereof, shall be open tothe public, except meetings of the commissioner of
corrections. _ The votesof the members of such state agency, board, commission, or
department or of such.governing body, committee, subcommittee, board, department, or
commission on any action taken in a meeting herein required to be.open to the public shall be
recorded in a journal kept for that purpose,and the journal shall be open to the public during
all normal business hours where such records are kept. The vote of each member shall be
recorded on each appropriation of money, except for payments of judgments, claims and
amounts fixed by statute. This section shall not apply to any state agency, board, or
commission when exercising quasi-judicial functions involving disciplinary proceedings.
Subd. la. Labor negotiations. Subdivision 1 does not apply to a meeting held pursuant
to the procedure in this subdivision. The governing body of a public employer may by a
majority vote in a public meeting decide to hold a closed meeting to consider strategy for
labor negotiations, including negotiation strategies or developments or discussion and review
of labor negotiation proposals, conducted pursuant to sections 179A.01 to 179A.25. The time
of commencement.and place of the closed meeting shall be announced at the public meeting.
A written roll of members and all other persons present at the closed meeting shall be made •
available to the public after.the closed meeting. 'The proceedings of a closed meeting to
discuss'negotiation strategies shall be tape-recorded at the expense of the governing body.
The recording shall be preserved for two years after the contract is signed and shall be made
• available to the.public after all labor contracts are'signed by,the governing body for the
current budget period. . • . .
If an action is brought claiming that public business other than discussions of.labor
'• negotiation strategies or_developments or discussion and review of labor negotiation proposals
was transacted at a closed meeting held pursuant to this subdivision during the time when the
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• § 471.705 MUNICIPAL RIGHTS, POWERS, DUTIES
tape is not available to the public, the court shall review the recording of the meeting in
camera., If the court finds that this subdivision was not violated,the.action shall be dismissed
and the recording shall be.sealed and preserved in the records of the court until otherwise
made, availableto thepublic pursuant to this subdivision. If the,court.finds that this
subdivision was violated, therecording may be introduced-at trial'in'its entirety subject to
any protective orders as requested by,either party and deemed appropriate by the court.
Subd. lb. Written materials. In any meeting which under subdivision 1 must be open to
the public, at least one copy of any printed materials relating to the agenda items of the
meeting prepared or distributed by or at the direction of the governing body or its employees
and:
(1) distributed at the meeting to all members of the governing body;
(2) distributed before the meeting to all members; or
(3) available in the meeting room to all members .
shall be available in the meeting room for inspection by the public while the governing body
considers their subject matter. This subdivision does not apply to materials classified by law
as other than public as defined in chapter 13,or to materials relating tothe agenda items of a
closed meeting held in accordance with the'procedures in subdivision la or other law
permitting the closing of meetings:
Subd. lc. Notice of meetings. (a) Regular meetings. A.schedule of the regular
meetings of a public body shall be kept on file at its primary offices. •If a public body decides
to hold a regular meeting at a time or place different from the time or place stated in its
schedule of regular meetings, it shall give the same notice of the meeting that isprovided in
this subdivision for a special meeting. - •
(b) Special meetings. For a special"meeting, except an'emergency meeting or a special
• meeting for which a notice requirement is otherwise expressly established by statute, the
public body shall post written notice of the date, time, place, and purpose of the meeting on
the principal bulletin board of the public body, or if the public body has no principal bulletin
board, on the door of its usual meeting room. .The notice shall also be mailed or otherwise
delivered to each person'who has filed a written request for notice of special meetings with
the public body. This notice shall be.posted and mailed or delivered at least three days
before the date of the meeting. As an alternative to mailing or otherwise delivering notice to
persons who have filed a written request for notice of special meetings, the public body.may
publish the notice once, at least three days before the meeting,in the official newspaper of the
public body or,if there is none,in a qualified newspaper of general circulation within the area
of the public body's authority. A person filing a request for notice ofspecial meetings may
limit the request to notification of meetings concerning particular subjects, in which case the
public body is required to send notice to that person only concerning'special meetings
involving those subjects. A public body may establish an expiration date for requests for
notices of special meetings pursuant to this paragraph and require refiling of the request once
each year. Not more than 60 days before the expiration date'of a request for notice, the
public body shall send notice of the refiling requirement to each person who filed during the
preceding year.
(c) Emergency meetings. For an emergency meeting, the public body shall make good
faith efforts to provide notice of the meeting to each news medium that has filed a written
request for notice if the request includes the news medium's telephone number: Notice of the
emergency meeting shall be given by telephone or by any other method used to notify the
members of the public body. Notice shall be provided to each news medium which has filed a
written request for notice as soon as reasonably practicable after notice has been given to the
members. Notice shall include the subject of the meeting.' Posted or published notice of an
emergency meeting shall not be required. An "emergency" meeting is.a special meeting
called because of circumstances that, in the judgment of the public body, require immediate
consideration by the public body. If matters not directly'related to the emergency are
'discussed or acted upon at an emergency meeting, the minutes of the meeting shall include a
specific description of the matters. The notice requirement of this paragraph supersedes any
other statutory 'notice requirement for a special meeting that is an emergency meeting.
30
MUNICIPAL RIGHTS, POWERS, DUTIES § 471.705
(d) Recessed or continued meetings. If a meeting is a recessed or continued session of a
previous meeting, and the time and place of the meeting was established during the previous •
meeting and recorded in the minutes of that meeting, then no further published or mailed
notice is necessary. For purposes of this-clause,the term"meeting"includes a public hearing
conducted pursuant to chapter 429 or any other law or charter provision requiring a public
hearing by a public body.
(e) Closed meetings. The notice requirements of this subdivision apply to closed meetings.
(f) State agencies. For a meeting of an agency, board, commission, or department of the
state,(i)the notice requirements of this subdivision apply only if a statute governing meetings
of the agency, board, or commission does not contain specific reference to the method of
providing notice, and (ii) all provisions of this subdivision relating to publication shall be
satisfied by publication ih the State Register.
(g) Actual notice. If a person receives actual notice of a meeting of a public body at least
24 hours before the meeting, all notice requirements of this subdivision are satisfied with
respect to that person, regardless of the method of receipt of notice.
Subd. ld. Treatment of data classified as not public. (a).Except as provided in this
section, meetings may not be closed to discuss data that are not public data. Data that are
not public data may be discussed at a meeting subject to this section without liability or
penalty, if the disclosure relates to a matter within the scope of the public body's authority
and is reasonably necessary to conduct the business or agenda item before the public body.
.Data discussed at an open meeting retain the data's original classification; however, a record
of the meeting, regardless of form, shall be public.
(b) Any portion of a meeting must be closed if expressly required by other law or if the
following types of data are discussed:
(1) data that would identify alleged victims or reporters of criminal sexual conduct,
domestic abuse, or maltreatment of minors or vulnerable adults;
(2) active investigative data as defined in section 13.82, subdivision 5, or internal affairs
data relating to allegations of law enforcementpersonnel misconduct collected or created by a
state agency, statewide system, or political subdivision; or •
(3) educational data,health data,medical data,welfare data, or mental health data that are
not public data under section 13.32, 13.38, 13.42, or 13.46, subdivision 2 or 7.
(c) A public body shall close one or more meetings for preliminary consideration of
allegations or charges against an individual subject to its authority. If the members conclude
that discipline of any nature may be warranted as a result of those specific charges or
allegations,further meetings or hearings relating to those specific charges or allegations held
after that conclusion is reached must be open. A meeting must also be open at the request of
the individual who is the subject of the meeting.
(d) A public body may close a meeting to evaluate the performance of an individual who is
subject to its authority. The public body shall identify the individual to-be evaluated prior to
closing a meeting. At its next open meeting, the public body shall summarize its conclusions
regarding the evaluation. A meeting must be open at the request of the individual who is the
subject of the meeting.
(e) Meetings may be closed if the closure is expressly authorized by statute or permitted
by the attorney-client privilege.
Subd. le. Reasons for closing a meeting. Before closing a meeting, a public body shall
state on the record the specific grounds permitting the meeting to be closed and describe the
subject to be discussed.
Subd. 2. Penalties. (a) Any person who intentionally violates this section shall be
subject to personal liability in the form of a civil penalty in an amount not to exceed$300 for a
single occurrence, which may not be paid by the public body. An action to enforce this
penalty may be brought by any person in any court of competent jurisdiction where the
administrative office of the governing body is located. If a person has been found to have
intentionally violated this section in three or more actions brought under this section involving
the same governing body, such person shall forfeit anyfurther right to serve on such
31
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• § 471705 MUNICIPAL RIGHTS, POWERS, DUTIES
governing body or in any other capacity with such public body for a period of time equal to
the term of office such person was then serving. The court determining the merits of any
action in connection with any alleged third violation shall receive competent,relevant evidence
in connection therewith and, upon finding as to the occurrence of a separate third violation,
unrelated to the previous violations issue its order declaring the position vacant and notify the
appointing authority or clerk of the governing body. As soon as practicable thereafter the
appointing authority or the governing body shall fill the position as in the case of any other
vacancy.
(b) In addition to other remedies, the court may award reasonable costs, disbursements,
and reasonable attorney fees of up to $13,000 to any party in an action under this section.
The court may award costs and attorney fees to a defendant only if the court finds that the
action under this section was frivolous and without merit. A public body may pay any costs,
disbursements, or attorney fees incurred by or awarded against any of its members in an
action under this section.
(c) No monetary penalties or attorney fees may be awarded against a member of a public
body unless the court finds that there was a specific intent to violate this section.
Subd. 3. Citation. This section may be cited as the "Minnesota open meeting law".
Amended by Laws 1994, c. 618, art. 1, § 39.
•