7.5. SR 07-19-1993
ITEM 7.5.
JAMES P. LARKIN
ROBERT L. HOFFMAN
JACK F. DALY
D. KENNETH LINDGREN
GERALD H. FRIEOELL
.LLAN E. MULLIGAN
\MES C. ERICKSON
WARD J. DRISCOLL
cNE N. FULLER
JOHN D. FULLMER
ROBERT E. BOYLE
FRANK I. HARVEY
CHARLES S. MODELL
CHRISTOPHER J. DIETZEN
JOHN R. BEATTIE
LINDA H. FISHER
THOMAS P. STOLTMAN
MICHAEL C. JACKMAN
JOHN E. DIEHL
JON S. SWIERZEWSKI
THOMAS J. FLYNN
JAMES P. QUINN
TODD I. FREEMAN
PETER K. BECK
JEROME H. KAHNKE
GERALD L. SECK
JOHN B. LUNDQUIST
DAYLE NOLAN CILIBERTO *
THOMAS B. HUMPHREY, JR.
JOHN A. COTTER*
BEATRICE A. ROTHWEILER
PAUL B. PLUNKETT
AlAN L. KILDOW
KATHLEEN M. NEWMAN
LARKIN, HOFFMAN, DALY & LINDGREN, LTD.
ATTORNEYS AT LAW
1500 NORWEST FINANCIAL CENTER
7900 XERXES AVENUE SOUTH
BLOOMINGTON, MINNESOTA 55431-1194
TELEPHONE (612) 835-3800
FAX (612) 896-3333
MEMORANDUM
TO:
Mayor Hank Duitsman
Members of the City Council
FROM:
Peter Beck, City Attorney
DATE:
July 15, 1993
RE:
Conflict of Interest Ordinance
MICHAEL B. LEBARON
GREGORY E. KORSTAD
GARY A. VAN CLEVE*
DANIEL L. BOWLES
TODD M. VLATKOVICH
TIMOTHY J. McMANUS
TIMOTHY J. KEANE
ALAN M. ANDERSON
DONNA L. ROBACK
MICHAEL W. SCHLEY
LISA A. GRAY
GARY A. RENNEKE
CHRISTOPHER J. HARRISTHAL
MICHAEL A. ROBERTSON
SHANNON K. McCAMBRIDGE
WILLIAM C. GRIFFITH, JR.
JOHN J. STEFFENHAGEN
DANIEL W, VOSS
MARK A. RURIK
JOHN R. HILL
JAMES K. MARTIN
THOMAS J. SEYMOUR
MICHAELJ. SMITH
VILIS R. INDE
FREDERICK K. HAUSER III
MARY E. VOS
LARRY D. MARTIN
JANE E. BREMER
MARCY R. KREISMAN
MARIEL E. PIILOLA
OF COUNSEL
WENDELL R, ANDERSON
JOSEPH GITIS
* ALSO ADMITTED IN WISCONSIN
4Ilttached is an ordinance amending Section 218.08(9) of the Code of
Ordinances regarding the City's conflict of interest policy. This is
the ordinance which the Council tentatively approved on June 21, 1993.
The additional section regarding gifts which the Council directed be
included is subsection (12), shown in bold.
I will be at the Council meeting on July 19, 1993, to answer any
questions you may have about this new section or the ordinance.
Attachment
cc: Patrick D. Klaers
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ORDINANCE NO. 93 -
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) Having an interest in any business which has contacts
or other direct dealing with the City;
(2) 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;
(3) 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;
(4) Using an official's or employee's authority,
influence or City position for the purpose of private
or personal financial gain;
.
(5) The use of city time, facilities, equipment, or
supplies for the purpose of private or personal
financial gain;
(6) Receipt or acceptance of any compensation or other
considerations from anyone other than the City for
the performance of an act which the official or
employee would be required or expected to perform in
the regular course of his/her City emploYment, or as
a part of his/her duties as an official or employee.
Compensation does not include awards, plaques or
momentos recognizing the official's or employee's
contribution in their area or to a charitable
organization, honoraria or other expenses in
conjunction with a presentation or demonstration in
the employee's field of expertise or
scholarships/financial grants for schools;
(7) Entering into a business transaction when it involves
using confidential information gained in the course
of emploYment or is with an individual or entity that
has contacts or other direct dealings with the City;
(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) Acting as an agent or representative for another in
any matter pending before the City or Council, except
in the proper discharge of duties. For example, an
official or employee should not appear before City
Council on behalf of a third party and seek to use
their position or influence to sway the Council;
(10) Conducting personal business while working regularly
scheduled hours;
(11) Accepting rebates or procuring any financial gain
through the bidding process or emploYment of outside
personnel; and
(12) Acceptance of any gift (other than a campaign
contribution) with a value of $100 or more from any
individual, corporation or other entity that is or
may become a supplier of goods or services to the
City.
.
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.
The City Administrator shall investigate the matter and make a
determination as to whether or not an actual or potential
.
.
.
conflict exists. If the City Administrator 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 such as those set forth
in Minn. Stat. Chapter lOA.
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 , 1993.
Hank Duitsman, Mayor
Attest:
Sandra Thackeray, City Clerk
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