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RELEVANT LINKS: Nodes v. City of Hastings, 284 Minn. 552, 170 N.W.2d 92 (1969). 1989 Street Improvement Program r. Denmark Township, 483 N.W.2d 508 (Minn. Ct. App. 1992). "Voting Riddles," Minnesota Cities (Apr. 2007, p. 17). Stale ex rel. Hilton v. Sword, 157 Minn. 263, 196 N.W. 467 (1923). Kenney v. Coergen, 36 Minn. 190, 31 N.W. 210 (1886). McCutcheon v. City of St. Patti, 298 Minn. 443, 216 N.W.2d 137 (1974). 3. Consequences Actions taken where a councilmember with a disqualifying interest participated may be valid if the result would have been the same without the interested official's vote. For example, the Minnesota Supreme Court considered a decision by a three-member civil service commission to terminate a police officer for failing to pay his financial debts. The court held that it would have been a "better practice" for the commission member who had been a creditor of the officer to have disqualified himself and abstained from voting. However, the court held that the interested commission member's participation in a unanimous decision did not invalidate the commission's decision. Councilmembers who have a disqualifying interest in a matter are generally excluded when counting the number of Councilmembers necessary for a quorum, or for the number necessary to approve an action by a four-fifths vote, such as approving a special assessment. C. Recommendation City officials concerned about conflicts of interest in contractual or non - contractual situations should: • Consult the city attorney. • Disclose the interest as early as possible (orally and in writing). • Not attempt to influence others. • Not participate in any discussions (when possible, leave the room when the governing body is discussing the matter). • Follow the statutory procedures provided for the contracting exceptions. • Abstain from voting or taking any other official actions unless the city attorney determines that there is no prohibited conflict of interest. V. Compatibility of offices Whether a city official can also serve the city or other government entity in some other capacity is quite complicated. State laws generally do not prevent a person from holding two or more governmental positions. However, without specific statutory authority, government officials cannot hold more than one position if the functions are incompatible or if the jobs create a conflict between two different public interests. The common law doctrine of incompatibility applies to the functions of two inconsistent offices. However, there is no clear definition of what constitutes an "office" for the purpose of this law. Certainly it would include all elected offices. League of Minnesota Cities Information Memo: 10/17/2014 Official Conflict of Interest Page 23