HomeMy WebLinkAbout4. Legal Overview - City Attorney Charlie LeFevereLegal Overview
a. Code of Ethics
b. Open Meeting Law
c. Gift Law
d. Conflict of Interest
e. Data Practices Act
City of Rosemount
All Commission Orientation
May 21, 2003
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CHAPTER 7
CODE OF ETHICS
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SECTION:
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1:
Statement of Policy
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2:
Creation and Purpose of Code
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3:
Definitions
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4:
Responsibilities of Public Officials
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5:
Standards of Service
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6:
Prohibition of Special Treatment
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7:
Conflict of Interest
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8:
Prohibited Political Activities
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9:
Applicability of Code
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Penalties and Forfeit of Position
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Distribution of Code -
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Severability
1 -7 -1: STATEMENT OF POLICY: Proper and efficient operation of
Municipal government in the City, requires that its public
officials be independent, impartial and responsible to the citizens; that
Municipal governmental decisions and policy be made in accord with the
proper procedures established by the City; that Municipal public office not
be used for personal gain; and that the citizens -of the City have confidence
in the integrity of its Municipal government. (Ord. 11.7, 6 -1 -93)
1 -7 -2: CREATION AND PURPOSE OF CODE: In recognition of the
— above- stated policy, there is hereby established this Code of
Ethics for all public officials of the, City. The purpose of .this Code is to
establish ethical standards of conduct for all public officials by delineating
those actions that are incompatible with the best interests of the City and by
directing disclosure by public officials of private financial or other interests
in matters affecting the City. (Ord. 11.7, 6 -1 -93)
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1 -7 -3: DEFINITIONS: For the purpose of this Chapter, terms
defined herein shall have the following meaning ascribed to
them:
BUSINESS ENTITY: Any business, proprietorship, firm, partnership,
person in representative or fiduciary capacity,
association, venture, trust or corporation.
CITY: The City of Rosemount, Minnesota.
INTEREST: Direct or indirect financial or material benefit
realized by a public official as a result of a
contract or transaction which is or may be the
subject of an official act or action by or with the
City except for such contracts or transactions
which confer a similar benefit on a significant
number of persons who are not public officials.
For the purposes of this Code, a public official
shall be deemed to have an interest in the
affairs of:
A. Any person related to him /her by- blood or
marriage in a degree closer than the fourth
degree of consanguinity or affinity (determined
by civil law).
B. Any person or business entity with whom a
- contractual relationship - exists with the public
official.
C. Any business entity in which the public
official is an employee, officer or director or
member having a financial interest.
D. Any business entity in which in excess of five
percent (5 %) of the total stock or total legal and
beneficial ownership is controlled or owned
directly or indirectly by the public official.
PUBLIC OFFICIAL: Any person, officer or employee holding a
position by election, appointment or employment-
in the service of the City, whether paid or
unpaid, including members of any board,
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committee or commission thereof. (Ord. 11.7,
6 -1 -93)
1 -7 -4: RESPONSIBILITIES OF PUBLIC OFFICIALS: Public officials
are agents of public purpose and hold office for the benefit of
the public. They are bound to uphold the constitution of the United States,
the constitution of the State of Minnesota and to carry out impartially, all
laws of the United States, State of Minnesota, Dakota County and the City
of Rosemount. Public officials must undertake their official duties with the
highest standards of morality and discharge the specific duties of their
respective offices, regardless of personal considerations, recognizing that
the public interest must be their primary concern. Their conduct in carrying
out their official responsibilities must be above reproach. (Ord. 11.7, 6 -1 -93)
1 -7 -5: STANDARDS OF SERVICE:
A. Adherence to Objectives: All public officials of Rosemount should be
loyal to the political objectives expressed by the electorate and the
programs developed by appropriate Municipal action to achieve
those objectives. Appointed officials and employees should adhere
to the rules of work and performance established as the standards
for the positions by their appointing authorities.
B. Conformance with Law /Cooperation: Public officials shall not exceed
their authority or breach the law or ask others to do so They should
work in full cooperation with other public officials, unless prohibited
from doing so by law or by legally recognized confidentiality of their
work. (Ord. 11.7, 6 -1 -93)
1 -7 -6: PROHIBITION OF SPECIAL TREATMENT:
A. Use of Public Property: No public official shall request or permit the
use of City -owned vehicles, equipment, materials or property for
personal convenience or profit, except when such items are available
to the public generally or are provided pursuant to Municipal policy
for the use of such public official in the conduct of Rosemount
Municipal business.
B. Equal Treatment of Citizens: No public official shall grant any special
consideration, treatment or advantage to any citizen beyond that
which is available to every other citizen. (Ord. 11.7, 6 -1 -93)
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1 -7 -7: CONFLICT OF INTEREST: No public official shall engage in
any business or transaction or shall have an interest which is
incompatible wi"i the discharge in the public interest of his /her official
duties or which would tend to impair his /her independence of judgment or.
action in the performance of his /her official duties. Conflicts of interest.
include, but are not limited to the following:
A. Incompatible Employment: No public official shall engage in or
accept private employment or render services for private interest
when"such employment or service is incompatible with the proper
discharge of his /her official duties or would tend to impair his /her
independence of judgment or action in the performance of those
official duties.
B. Use of Information: No public official shall use any information
gained exclusively from his /her public position or endeavors to in any
way further his /her interests.
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C. Disclosure of Confidential Information: No public official shall,
without proper legal authorization, disclose confidential information
concerning the property, governmental or other affairs of the City.
D. Gifts and Favors: No public official shall accept any gift of more than
token valu=. whether in, the form of a service, loan, thing or promise,
from any person, firm or corporation which to the public official's
knowledge is interested directly or indirectly in any manner
whatsoever, in business dealings with the City. Additionally, the
public official shall not accept any gift, favor or thing of more than
token value that may tend to influence him /her in the discharge of
official duties or grant in the discharge of said duties, any improper
favor, service or thing of more than negligible value. For purposes of
this Section, "token value" shall mean a gift, favor or thing worth no
more than twenty five dollars ($25.00).
E. Representation of Private Interests: No official whose salary is paid
in full or in part by the City shall undertake any of the following
actions.
1. Appearances Before City Agencies: Except as provided in sub-
section 1 -7 -7E4 of this Section, no public official shall appear on
behalf of the private interests of any person or entity before any
agency, board, committee, commission or other entity of the City.
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2. Proceedings Involving the City: Except as provided in subsection
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City of Rosemount
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interests of a person or entity in any threatened or commenced legal
action or legal proceeding in which the City is a party when such
private interests are contrary to the interests of the City.
3. Consultation /Advice to Private Interests: No public official shall
counsel or provide advice regarding the private interests of any
person or entit with respect to a threatened or commenced legal
action or legal proceeding in wnich the City is a party when such
private interests are contrary to the City's interests.
4.. Representation Exception: A public official may represent his /her
own private interests before the City in matters or proceedings set
forth in subsections 1 -7 -7E1 and 1 -7 -7E2 of this Section if:
a. The public official renounces his /her public position and
authority at all times relevant to representation of his /her own
.interests; and
b. Such representation is limited to the public official's own
interests and does not directly encompass representation of the
private interests of another person or entity.
F. Contracts with the City: Except as otherwise provided in Minnesota
Statutes, sections 471.87 through 471.89, no public official shall take
part in the making of a sale, lease or contract for the City when
he /she has an interest in the transaction; nor shall a member of the
City be directly or indirectly interested in any contract the City
Council makes.
G. Interest in Legislation: No public official shall use his /her official
position with the City to influence the passage or defeat of
legislation, whether at th; Municipal or State level, in which the
public official has an interest. (Ord. 11.7, 6 -1 -93)
1 -7 -8: PROHIBITED POLITICAL ACTIVITIES:
A. Solicitations: No public official shall in any way solicit funds for any
political party or for any political purpose from another public official.
B. Promises and Appointments: No public official shall promise an
appointment to any City position or any other benefit or reward
emanating from the official powers of the public official to a person in
exchange for political activity. (Ord. 11.7, 6 -1 -93)
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1 -7 -9: APPLICABILITY OF CODE:
A. Broad Construction: It is intended that this Code of Ethics be
construed broadly so as to encompass all questionable situations
and actions. -
B. Advisory Opinion-.
1. How Requested: Where any public official has a doubt as to the
applicability of any provision to this Code to a particula- situation, or
as to the definition of terms used herein, he /she may apply to the
City Attorney for an advisory opinion. The public official shall have
the opportunity to present his /her interpretation of the facts at issue
and the applicability of provisions of this Code before such advisory
opinion is rendered.
2. Status of Advisory Opinion: The opinion rendered by the City
Attorney, until amended or revoked, shall be binding on the City, the
City Council and the City Attorney in any subsequent actions
concerning the public official who sought the opinion and acted on it
in good faith, unless material facts were omitted or misstated in the
public official's request for the advisory opinion. The opinion shall
not be binding in any action initiated by any citizen.
3. Availability of 'Information: Any advisory opinion of the City
Attorney shall be made public upon request. However, the names of
all persons or business entities mentioned in the opinion, except that
of the public official requesting the opinion, shall be deemed private
information and shall not be disclosed by the City Attorney, unless
the persons or business entities mentioned in the opinion waive such
confidentiality. (Ord. 11.7, 6 -1 -93)
1 -7 -10: PENALTIES AND FORFEIT OF POSITION:
A. City Council Members: Any member of the City Council who violates
-this Code should consider whether voluntary resignation or other
disciplinary action is indicated to promote the best interest of the
City. The remainder of the City Council may censure any member of
the Council who violates this Code.
B. Other Public Official: Any appointed officials or other employees of
the City may be subject to suspension or dismissal from office as a
result of violation of this Code. (Ord. 11.7, 6 -1 -93) '
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1 -7 -11: DISTRIBUTION OF CODE: The City Clerk shall cause a copy
of this Code to be distributed to every public official of the
City within thirty (30) days after enactment of this Code. Each new public
official appointed or engaged after initial distribution to this Code shall be
furnished a copy before entering upon his /her Municipal duties. (Ord. 11.7,
6 -1 -93)
1 -7 -12: SEVERABILITY: If any provision of this Code is found by a
court of competent jurisdiction to' be invalid or
unconstitutional, or if the application of this Code to any person or
circumstances is found to be invalid or unconstitutional, such invalidity or
unconstitutionality shall not affect the remaining provisions of this Code,
which shall be given effect without the invalid or unconstitutional provision.
(Ord. 11.7, 6 -1 -93)
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City of Rosemount
MEMORANDUM
DATE: January 31, 2000
TO: Mayor and Councilmembers
All City Commissions and Committees
FROM: Thomas. D. Burt, City Administrator
SUBJECT OPEN MEETING LAW SUMMARY AND ISSUES
PURPOSE AND REQUI
In 'a nutshell, the Open Meeting Law requires that the City -
Council and its committees, . boards and commissions transact public
business in meetings which are open to the' public. The open
meeting requirement also applies to state agencies, school
districts, counties and other public bodies.' The Open Meeting Law -
also requires that votes of members of public bodies subject to it
be recorded.and kept available. to the public. Finally, the Open
Meeting Law sets' requirements regarding reasonable notice .for
meetings of public .bodies and' that they provide at least
one copy of any printed agenda materials in'the meeting room for
inspection by the public. A copy of the Act is included in this
Section as Exhibit A.
EXCEPTIONS
The exceptions to the Open Meeting Law few and narrowly
construed by Minnesota courts. The exceptions include:
1 Discussions of labor negotiations, provided that the
public body, by majority vote, decides -'to hold a closed
meeting to discuss these labor issues.
2. - 'Discussion of data involving alleged..victims or reporters .
of criminal sexual conduct, domestic abuse, maltreatment .
of minors or venerable adults; investigative, data
regarding criminal activities; and certain educational,
health, medical, welfare and mental health data on
individuals:
With respect to -all of these data, a•public body is
required to close a public meeting for discussion of the
material.
3, A public body is also required to close a meeting for
preliminary.: consideration of allegations or charges
against an individual subject to its authority. However,
if the members of the public body conclude that
discipline_.of any nature is warranted, further meetings '
or hearings :must .be open. _Additionally, if the person
against . whom disciplinary proceedings. a being
considered requests, the preliminary meeting must 'be
open
4, At its discretion, a public body may close a meeting to.
evaluate the performance of an individual subject to its
authority. Again, the person whose performance is being
`evaluated may demand that the meeting be open.
5. Finally, meetings may be closed if closure is expressly
authorized by specific statute or permitted by the
attorney- client privilege. The attorney- client privilege
exception is clearly the thorniest and most difficult to
properly construe. The latest judicial thinking on the
parameters of this exception is found in the..attached
S ecial School District _01v- Star Tribune, Court of
Appeals Case (attached as Exhibit B) which says:
When ,a public body can show that
litigation is eminent or threatened;
or when a public body needs advice
above the level of general legal
advice, i.e., regarding specific
acts and their legal consequences,
then the attorney- client exception
applies.
VIOLATION /PENALTY
Any person who violates the Open Meeting requirement is
subject to personal liability in the form of a•civil penalty in an
amount not to exceed $100 for each occurrence of violation. After
a third violation of the Open Meeting Law by a single person
serving :the- same governing. body, such person shall forfeit any,
further right to serve on the .governing body of 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.
LEGAL EXPENSE REIMBURSEMENT
On occasion, officials of public bodies who are accused of
violations of the Open Meeting Law choose to contest the claimed
violation. Please -note that obtaining legal reimbursement for
legal expenses incurred in contesting an alleged violation of the
Open Meeting * Law can be very difficult. In this regard, p ease
take the time to read the Attorney General's Opinion on this
. subject attached as Exhibi t C