02-25-2015 Council Packet - Laserfiche WebLink

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RELEVANT LINKS: Minn. Stat. § 471.83, subd. 18. Community Development Block Grant (CDBG). Minn. Stat. § 471.88, subd. 19. A.G. Op. 90a -I (Apr. 14, 1960). A.G. Op. 90-E-5 (Aug. 30, 1949). A.G. Op. 90e -I (May 12, 1976). Minn. Stat. § 471.88, subd. 5. A.G. Op. 90a -I (May 16, 1952). A.G. Op. 90b (Aug. 8, 1969). o. Loans or grants—St. Louis County A public officer is eligible to participate in a loan or grant program administered by the city with community development block grant funds or federal economic development administration funds. This exception is limited to cities in St. Louis County with a population 5,000 or less. Procedure: • The public officer discloses that he or she has applied for the funds. • The disclosure is recorded within the official meeting meetings. • The interested officer abstains from voting on the application. • The governing body approves the application by unanimous vote. p. HRA officer loan HRA officers may participate in a loan or grant program administered by the HRA utilizing state or federal funds. Procedure: • The public officer discloses that he or she has applied for the funds. • The disclosure is recorded within the official meeting meetings. • The public officer must abstain from voting on the application. • The governing body approves the application by unanimous vote. 3. Application The statutes apply to all kinds of contracts (formal or informal, written or unwritten) for goods and services. The statute applies not only when the city is the buyer, but also when the city is the seller. The law would appear to prohibit a contract with a public official who has had the opportunity to influence the terms of the contract or the decision of the governing body. Even when a contract is allowed under one of the exceptions (such as for contracts for which bids are not required by law) councils should proceed with caution. a. Business interests and employment The attorney general has advised that a councilmember who holds stock in a corporation that contracts with the city has an unlawful interest and that a councilmember who is a subcontractor on a contract has an unlawful interest. The attorney general has also advised that a member of a governing body that receives a percentage of the money earned by a construction company for jobs done under a contract with it has an unlawful interest. League of Minnesota Cities Information Memo: 10/17/2014 Official Conflict of Interest Page 12