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10-09-2019 Workshop & Council Packet
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10-09-2019 Workshop & Council Packet
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RELEVANT LINKS: <br />League of Minnesota Cities Information Memo: 5/10/2019 <br />Newspaper Publication Page 19 <br /> D. Change of newspaper name or <br />discontinuance <br />Minn. Stat. § 331A.10, subd. <br />1. If a legal notice is required or ordered to be published in a particular <br />newspaper and the name of the newspaper is changed before the <br />publication is completed, the publication must be made or continued in the <br />newspaper under its new name. The proof of publication must state the <br />change of name and specify the period of publication in the newspaper <br />under each name. <br />Minn. Stat. § 331A.10, subd. <br />2. If a newspaper is discontinued before the publication of public notice, and <br />a court ordered the publication be made in a particular newspaper, the <br />order for publication may be amended by a court to designate another <br />newspaper. <br />Minn. Stat. § 331A.10, subd. <br />2. If the publication was not required by a court order, the publication may be <br />made or completed in any other qualified newspaper. Any time during <br />which the notice is published in the first newspaper is included as part of <br />the time that was required for publication. <br /> E. Conflict of interest <br />Minn. Stat. § 471.88, subd. 3. <br />See also LMC information <br />memo, Official Conflict of <br />Interest. <br />When the only newspaper that qualifies as the city’s official newspaper is <br />one in which a councilmember has a personal financial interest, the <br />council may still select it as the official newspaper. In order to do this, the <br />interested officer should disclose that he or she has an interest, as well as <br />abstain from voting or participating in the discussion. The remaining <br />council members must approve the contract by unanimous vote. <br /> F. Mistakes in publication <br />Minn. Stat. § 331A.05, subd. <br />7. If an error in publication occurs through no fault of the city, the mistake <br />will not affect the validity of the event, action, or proceeding. <br />A.G. Op. 277b-4 (Feb. 11, <br />1986). The attorney general has said that a statutory city’s failure to publish an <br />ordinance would not by itself invalidate the ordinance. However, the <br />ordinance would not take effect or be enforceable until after it has been <br />published. <br /> In another situation, a city published the wrong date for the closing of <br />filings for an election. The attorney general found this error would not <br />invalidate the election because a candidate is charged with the <br />responsibility for knowing the statutory provisio ns regarding their <br />election.
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