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02/13/2006 13:19 LAW OFFICE 2140 4TH AUE 4 6519822499 NO.965 D03 • • • Mr. Gordon Heitk February 13, 2006 Page 2. occupation...." Minn. Stat. § 10A.07, Subd. 1 (2004). Similarly, Section 412.311 provides: "... no member of a council shall be directly or indirectly interested in any contract made by the council." In order to determine whether or not a conflict of interest exists or whether the council member has a direct or indirect interest in the contract requires an understanding of the (1) decision to be made and (2) the nature of the relationship. In this case, the decision to be made is whether the City should financially participate in the program to expand the ice arena by authorizing the expenditure of public funds in exchange for community -wide opportunities for city residents. I do not see how this decision would substantially affect the Council Member's financial interest. Arguably, there may be some benefit to the Council Member's grandchildren as a result of the program, but this is not a direct benefit to the financial interests of the Council Member and, importantly, the potential benefit to the grandchildren would not be individualized, i.e., the benefit being made available to the Council Member's grandchildren is also being made available to all residents of the City and so the affect on the Council Members of the program is no greater than other members of the City. Similarly, the Council Member does not have a direct or indirect interest in the contract as any funds expended are to be received by another public entity and there is no indication that the Council Member somehow would be a recipient of any funds, bond, interest payments, special treatment, or other consideration. Based upon the information presented, I do not see a conflict of interest for a Council Member to participate in consideration of the proposal by virtue of the fact that the Council Member happens to have grandchildren who participate in a youth athletic association. The program is intended to benefit all residents city -wide. The Council Member does not appear to have any direct or indirect interest in the contract. I see no reason why this Council Member should abstain from consideration or voting on the proposal. I trust this answers the question which has been raised. If you wish to discuss the matter further, or if the facts are significantly different than I have been made to understand, please feel free to call. Sj�cerely,