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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 r� 1 -7 -1 CHAPTER 7 CODE OF ETHICS 1 -7 -2 SECTION: 1 -7- 1: Statement of Policy 1 -7- 2: Creation and Purpose of Code 1 -7- 3: Definitions 1 -7- 4: Responsibilities of Public Officials 1 -7- 5: Standards of Service 1 -7- 6: Prohibition of Special Treatment 1 -7- 7: Conflict of Interest 1 -7- 8: Prohibited Political Activities 1 -7- 9: Applicability of Code 1 -7 -10: Penalties and Forfeit of Position 1 -7 -11: Distribution of Code - 1 -7 -12: 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) 1093 City of Rosemount 1 -7 -3 1 -7 -3 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, 1093 City of Rosemount 1 -7 -3 1 -7 -6 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) 1093 City of Rosemount 1 -7 -7 1 -7 -7 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. a 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. 1093 2. Proceedings Involving the City: Except as provided in subsection 1 -7 -7E4 of this Section, no public official shall represent the private City of Rosemount 1 -7 -7 1 -7 -8 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) 1093 City of Rosemount 1 -7 -9 1 -7 -10 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) ' 1093 City of Rosemount 1 -7 -11 1 -7 -12 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) 1093 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