02-25-2015 Council Packet - Laserfiche WebLink

Home Browse Search

RELEVANT LINKS: Minn. Stat. § 471.46. Minn. Stat. § 415.15. A.G. Op. 471M (Oct. 30, 1986). Section V, Compatibility of offices. Minn. Stat. § 415.1 I. A.G. Op. 471-K (May 10, 1976). Minn. Stat. § 412.191, subd. A.G. Op. (Apr. 14, 1975) (informal letter opinion). A.G. Op. (Dec. 9, 1976) (informal letter opinion). Minn. Stat. § 363A.08, subd. A.G. Op. 430 (Apr. 28, 1967). b. Self -appointment Generally, city officials may not appoint a councilmember to fill a vacancy in a different elected position, even if he or she resigns from their existing position before the new appointment is made. However, councilmembers may be appointed mayor or clerk, but may not vote on their appointment. For appointments to non -elective positions, the general rule is that an official has a conflict in terms of self-interest. This conflict disqualifies the official from participating in the decision to appoint him- or herself. Appointing one council member to serve in two positions simultaneously is a question of compatibility of the two offices or positions. c. Council compensation State law authorizes a council of any second, third or fourth class city in Minnesota to set its own salary and the salary of the mayor by ordinance. However, increases in salary cannot begin until after the next regular city election. Since every councilmember has a personal interest in his or her compensation, the need for interested officials to make the decision is unavoidable in this situation. A special situation is involved in setting the clerk's salary in a Standard Plan statutory city. In these cities, the clerk is elected and is thus a voting member of the council. While the other councilmembers may vote on the clerk's compensation without any disqualifying self -interests, it is probably best for the clerk not to vote on his or her own salary. d. Family connections In an informal letter opinion, the attorney general has advised that a councilmember was not disqualified from voting on a rezoning because his father owned legal title to the tract in question. The attorney general has also advised that a prohibited interest does not necessarily arise when the spouse of a city employee is elected mayor. The opinion carefully avoids any statement about future action of the council on the existing employment relationship. The Minnesota Human Rights Act prohibits discrimination in employment based upon marital status. Making inquiries into the marital status of employees or applicants for city positions is not recommended. e. Business connections Business interests can also create conflicts—even if there is no personal financial interest under the general law. League of Minnesota Cities Information Memo: 10/17/2014 Oficial Conflict of Interest Page 18