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