04/13/2009 Council Packet (2) - Laserfiche WebLink

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Julie Bartell V ((v "r! ..A.4-Pit --1-D IA4 UI M. t'tbeAs tJ, [ w "wit t 1`�c1 • From: Jay T. Squires esquires @ratwikla c om ] L{P U"' dent: Friday, April 10, 2009 11:34 AM Julie Bartell c: Joseph J. Langel Subject: Re: FW: Reshanau Lake Vote Julie: Here is my analysis: 1.) There is no statutory conflict of interest issue that would preclude any given Councilmember from voting. The statute on conflicts of interest, Minn. Stat. 471.87, would not apply because there is no "contract" at issue, but instead a simple contribution. 2.) The City Code of Conduct would not prohibit voting by Councilmembers, because the contribution will not, in my judgment, "substantially affect a councilmember's financial interests" as this phrase is used in the Code of Conduct. 3.) There is no common law conflict of interest issue either, in part due to the fact the City itself is contributing primarily because it owns land on the lake too. Any improvement to water quality of the lake generally is at mos an ancillary benefit to the Councilmembers who happen to live on the lake. In short, I see nothing that would preclude the Councilmembers from participating in the vote. Let me know if you need more help, or have questions. Jay �ne information contained in this electronic message is attomey - client privileged and confidential information and is intended ly for the use of the individual(s) to whom this electronic message is addressed. If the reader of this message is not the intended recipient, or the employee or agent responsible to deliver it to the intended recipient, you are hereby notified that any dissemination, distribution or copying of this electronic communication or any attachment thereto is strictly prohibited. If you have received this electronic communication in error, you should immediately return it to us and delete the message from your system. Thank you. »> Julie Bartell <iulie.bartell@ci.lino- lakes.mn.us> 4/10/2009 10:31 AM »> Jay - thanks for your help with this. Julie Bartel/ City Clerk City of Lino Lakes 600 Town Center Parkway Lino Lakes, MN 55014 651 - 982 -2406 651 - 982 -2499 fax julie. bartell(ci. lino- lakes. mn. us From: Julie Bartell Sent: Tuesday, April 07, 2009 1:27 PM To: 'jjl @ratwiklaw.com' Cc: Dan Tesch; Michael Grochala Subject: Reshanau Lake Vote Joe, 1