02-25-2015 Council Packet - Laserfiche WebLink

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RELEVANT LINKS: Handbook, Chapter 6. Minn. Stat. § 412 191, subd. 2. Minn. Stat. § 412. 191, subd. 4. Minn. Stat. § 412.111. Minn. Stat. § 412.201. Minn. Stat. § 412.241. Minn. Stat. § 412.111. Minn. Stat. § 412.221, subd. 32. Van Cleve v. Wallace, 216 Minn. 500, 13 N. W.2d 467 (1944). Minn. Stat. § 10A.071, subd. 1(b). Minn. Stat § 471.895. Minn. Stat. § 471.895, subd. 1(d). The major areas of council authority and responsibility include: • Judging the qualifications and election of its own members. • Setting and interpreting rules of procedure. • Legislating for the city. • Enforcing city ordinances. • Appointing administrative personnel. • Transacting city business. • Managing city finances. • Making appointments to boards, commissions, and committees. • Protecting the welfare of the city and its inhabitants. • Providing community leadership. The city council is a continuing body. New members have no effect on the body except to change its membership. This means that all ordinances and resolutions remain in effect until the council alters or rescinds them, or until they expire through their own terms. At any time, the council can change any resolution, ordinance or administrative order whether or not the individuals presently on the council are the same as those serving when the council originally took action. Councilmembers' statutory duties are to be performed, almost without exception, by the council as a whole. For example, it is the council, and not individual councilmembers, that must supervise administrative officers, formulate policies, and exercise city powers. III. Gifts A "gift" is defined as money, property (real or personal), a service, a loan, the forbearance or forgiveness of debt, or a promise of future employment, given and received without the giver receiving something of equal or greater value in return. A. General prohibition Elected and appointed "local officials" may not generally receive a gift from any "interested persons." 1. Local officials A "local official" is any elected or appointed official of a city, or of an agency, authority, or instrumentality of a city. The gift prohibition clearly applies to the members of the city council. However, since the term "local official" is not further defined, it is not known if the law is meant to cover all city employees, or just certain high-level employees (such as city managers or administrators) and other appointed officials. League of Minnesota Cities Information Memo: 10/17/2014 Oficial Conflict of Interest Page 3