02-25-2015 Council Packet - Laserfiche WebLink

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RELEVANT LINKS: Minn_ Const. art. Xll, § 3. Minn. Sta la(2). 414.01, subd. Handbook, Chapter 3. Handbook, Chapter 4. Minn. Stat. ch. 412. Minn. Stat. ch. 410. While this memo focuses on the general principles behind these various regulations and prohibitions, remember that ethical questions can be difficult to answer. Not all situations fit neatly into current guidelines, so conduct may not clearly be prohibited, but still seems inappropriate. This appearance of impropriety can be very damaging to a councilmember's image (as well as the city's reputation) and may need to be considered. 11. City government in Minnesota The Minnesota Constitution authorizes the Minnesota Legislature to provide for the "creation, organization, administration, consolidation, division, and dissolution of local government units and their functions, for the change of boundaries thereof, [and] for their elective and appointive officers," The form and function of city government, and the powers, duties and limitations of elected and appointed office, help shape our basic ethical responsibilities. A. Form and function Under Minnesota law, cities are public corporations. The Legislature has described cities as the type of government that "most efficiently provides governmental services in areas intensively developed for residential, commercial, industrial, and governmental purposes." About 82 percent of the people in Minnesota live in cities, even though cities only cover about 4.9 percent of the state's land area. Since cities are where most people live, the basic goal of city government is to provide services. In many parts of the state, cities are the main governmental entities. Minnesota has two basic types of cities: statutory cities and home rule charter cities. The major difference between the two is the type of enabling legislation under which they are incorporated: • Statutory cities derive many of their powers from Chapter 412 of the Minnesota statutes. • Home rule charter cities obtain their powers from a home rule charter. Statutory and home rule charter cities differ in terms of organization and powers, not because of any classification of population, area, geographical location, or other physical features. B. City council The cornerstone of city government in Minnesota is the elected city council. The council fashions the policies that determine a community's present and future well-being. Because people look to their local government for leadership, much of the responsibility for community development falls on the shoulders of city councilmembers. League of Minnesota Cities Information Memo: 10/17/2014 Official Conflict of Interest Page 2