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02-14-2024 Workshop Packet
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02-14-2024 Workshop Packet
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<br />11 <br />4859-6924-4449\6 <br />action must be passed by a unanimous vote of the EDA with the affected Commissioner abstaining <br />from the vote on the resolution. (Minn. Stat., § 471.88, Subd. 1). <br />1. In the designation of a bank or savings association in which the officer is interested as an <br />authorized depository for public funds and as a source of borrowing, no restriction shall <br />apply to the deposit or borrowing of any funds or the designation of a depository by such <br />authority or governmental unit in any bank or savings association in which a member of an <br />authority or officer of a governmental unit shall have an interest if such deposited funds <br />are protected in accordance with chapter 118A; provided, however, that any member or <br />officer having such an interest shall disclose that the member is a director or employee of <br />the bank or savings association, which disclosure shall be entered upon the minutes of the <br />authority or governmental unit, such disclosure shall be made when such bank or savings <br />association is first designated as a depository or as a source of borrowing, or when such <br />member or officer is elected whichever is later, and such disclosure shall serve as notice of <br />such interest and need not be made with each successive transaction. (Minn. Stat. § 471.88, <br />Subd. 2). <br />2. When a Commissioner of the EDA is employed by a bank that is engaged in making loans <br />or performing trust services involving real or personal property affected by any plan of the <br />EDA, no restriction applies to the loans made or trust services performed by the bank if he <br />or she discloses the nature of the loans or trust services of which he or she has personal <br />knowledge. This disclosure must be entered in the minutes of the EDA. (Minn. Stat. § <br />471.88, Subd. 11). <br />3. If the EDA has designated an official newspaper, or publication where it publishes its <br />public notices and minutes, and a Commissioner has an interest in the paper. (Minn. Stat. <br />§ 471.88, Subd. 3). <br />4. If the EDA enters into a contract with a cooperative association where a Commissioner is <br />a shareholder or stockholder, but not an officer or manager. (Minn. Stat. § 471.88, Subd. <br />4). <br />5. A contract for which competitive bids are not required by law. (Minn. Stat. § 471.88, Subd. <br />5). <br />6. Contracts for goods or services when the sealed bid process is used and the contracting <br />governmental unit has a population of 1,000 or less. (Minn. Stat. § 471.88, Subd. 12). <br />7. When an EDA Commissioner is engaged in or employed by a firm that is in the business <br />of importing or exporting or general trade, the EDA may enter into business transactions <br />with the Commissioner or the Commissioner’s employer provided that the Commissioner <br />abstains from voting on any resolution that sets rates affecting shippers or users of an EDA- <br />owned facility. (Minn. Stat. § 471.88, Subd. 9). <br />Ethics Law <br />Changes made in the 1994 Ethics in Government Act not only affect state legislators but also local <br />officials. The definition of a local official is “a person who holds elective office in a political
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