Resolution 7588 - Laserfiche WebLink

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Subd. 2. Except as prohibited by the provisions of Minn. Stat Sec. 471.87, there is no violation of subdivision 1 b of this section for a matter that comes before the council, board, or commission if the member of the council, board, or commission publicly discloses the circumstances that would violate these standards and refrains from participating in the discussion and vote on the matter. Nothing herein shall be construed to prohibit a contract with a member of the city council under the circumstances described under Minn. Stat. Sec. 471.88, if proper statutory procedures are followed. Complaint, Hearing Complaints alleging a violation of these standards of conduct may be submitted in writing to the City Administrator. The complaint must contain supporting facts for the allegation. The City Council may hold a hearing after receiving the written complaint or upon the Council's own volition. A hearing must be held only if the City Council determines (1) upon advice of the city attorney, designee, or other attorney appointed by the council, that the factual allegations state a sufficient claim of a violation of these standards or rise to the level of alegally-recognized conflict of interest, and (2) that the complaint has been lodged in good faith and not for impermissible purposes such as delay. The City Council's determination must be made within 30 days of the filing of the allegation with the City Administrator. If the Council determines that there is adequate justification for holding a hearing, the hearing must be held within 30 days of the City Council's determination. At the hearing, the person alleged to have violated these standards shall be provided an opportunity to be heard. After the hearing, if the Council finds that a violation of a standard has occurred or exists, the Council may censure the person, refer the matter for criminal prosecution, request an official not to participate in a decision, or remove an appointed member of an advisory commission or committee from office. Policy approved via Resolution 7588 Adopted March 8, 2010