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Home My WebLink About3.e. Data Practices ActI -� RIGHTS, POWERS, DUTIES § 471 471 .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 his official capacity shall not voluntarily have a personal financial interest in that sale, lease, or contract or per- sonally benefit financially therefrom. Every public officer who violates this provison is guilty of a gross misdemeanor. Laws 1951, c. 379, § 1. Amended by Laws 1955, c. 41, § 1. 471.88 Exceptions Subdivision 1. The governing body of any port authority, seaway port authority, town, school district, county, or city, by unanimous vote, may contract for goods or services with an in- terested 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 designa- tion of a depository by such authority or governmental unit in any bank or savings association in which a member of an au- thority 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 member or officer having such an interest shall disclose that he 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 publi- cation of official matters therein, in which the officer is inter- ested 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 re- quired by law and where the amount does not exceed $5,000 when the commodity or service contracted for is not otherwise available in the affected governmental unit; 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; Subd. 7. A contract with a municipal band for the payment of compensation to its members; Subd. 8. Contracts for goods or services when the considera- tion does not exceed $5,000 in any year and the contracting gov- ernmental unit has a population of less than 5,000; Subd. 9. When a port authority commissioner is engaged in or employed by a firm engaged in the business of importing or § 471.$$ MUNICIPALITIES exporting or general trade, it shall be lawful for the authority to do business with the commissioner or his employer provided that in the fixing of any rates affecting shippers or users of the ter- minal facility, said commissioner shall not vote thereon. Subd. 10. When a seaway port authority commissioner is en- gaged in or employed by a firm engaged in the business of im- porting gr exporting or general trade, it shall be lawful for the authority to do business with the commissioner or his 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, except to testify, nor vote thereon. Subd. 11. When a commissioner of any public housing or port authority is employed by a bank engaged in making loans or performing trust services involving real or personal property affected by any plan of such housing or port authority, no re- striction 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 he has personal knowledge, which disclosure shall be entered upon the minutes of such authority. x 471.89 MUNICIPAL RIGHTS, Po%VM, DUTIES 1211 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 ire which the facts of the emergency are also stated. Subd. 3. Claims, affidaNits filed. Before such a claim is paid, the interested 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. History: 1951 c 379 s 3; 1965 c 45 s 64-66; 1967 c 125 s 1,2; 1978 c 651 s 2,3: 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. givc Subd. 2. Prohibition. An interested person may not give a gift or request another to 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: AornPri in section 211A.01, subdivision 5; 1213 Subd. 3. Statutory city oblig: sume and shall not be liable for an: the joint enterprise of the statutor} hospital. History: 1951 c 497 s 1 -3; 1 x, _x.., 471.91 AIR TRAVEL ACCOU The governing body of any c first class is authorized to enter intc carrying passengers on schedule fl travel account for any such city e necessary and proper to facilitatE county, and to deposit with the ai such account. History: 1951 c 630 s 1 471.92 DANGEROUS EXCAN Subdivision 1. Wells, pools. _ county, city or town may regulate _ c y, Y cisterns, recharging basins, catch The use, maintenance or abandor any considerable number of pers suant to the laws relating to pub - Subd. 2. Abate by cover, ft ably covering such installation c History: 1955 c 601 s 1,2;