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02-25-2015 Council Packet
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02-25-2015 Council Packet
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RELEVANT LINKS: <br />Minn. Stat. § 471.89, subd. 2. <br />Minn. Stat. § 365.37. <br />Minn. Stat. § 415.01. <br />Appendix 13. <br />Handbook, Chapter 23. <br />Minn. Stat. § 471.88, subd, 6. <br />A.G. Op. 358-E-4 (Jan. 19, <br />1965). <br />A.G. Op. 90-E (Apr. 17, <br />1973). <br />Section V, Compatibility of <br />offices. <br />Minn_ Stat. § 471.88, subd. <br />6a. <br />Minn. Stat. § 471.88, subd. 7. <br />o The contract price. <br />o The reasonable value. <br />o The interest of the officer in the contract. <br />o A declaration that the contract price is as low as or lower than <br />could be obtained from other sources. <br />• In an emergency where the contract cannot be authorized in advance, <br />payment must be authorized by resolution describing the emergency. <br />e. Volunteer fire department <br />Cities may contract with a volunteer fire department for the payment of <br />compensation or retirement benefits to its members. <br />There is some question as to whether this exception applies to both <br />municipal and independently operated fire departments. A literal reading <br />of the statute suggests it applies only to actual contracts. Since cities do <br />not usually contract with a municipal fire department, there is a possibility <br />this exception may only apply to contracts with independent fire <br />departments. However, the attorney general has issued opinions that imply <br />that the exception can apply to both kinds of fire departments. <br />A councilmember who is interested in serving the city in multiple <br />positions, for example, plowing streets or serving on the volunteer fire <br />department, should also consider whether the functions and responsibilities <br />of those positions are compatible. <br />Procedure: <br />• The interested officer abstains from voting on the matter. <br />• The council approves the contract by unanimous vote. <br />f. Volunteer ambulance service <br />Cities may contract with a volunteer ambulance service for the payment of <br />compensation or retirement benefits to its members. This provision is <br />similar to the volunteer fire department exception. <br />Procedure: <br />• The interested officer abstains from voting on the matter. <br />• The council approves the contract by unanimous vote. <br />g. Municipal band <br />Cities may contract with a municipal band for the payment of <br />compensation to its members. <br />League of Minnesota Cities Information Memo: 10/17/2014 <br />Official Conflict of Interest Page 9 <br />
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