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LE.:AL WMPLLANCE MANUAL <br />CJNy1.IM OF 1NTE1tfST <br />Introduction <br />Minnesota ■Latutu forLla any p�bllc officer authorised to take pert In Ole <br />missing vi a tail, ieese vi i.vuti&c:, ....ntsr/ly hart a perpity 1 t panels. <br />interest in the transaction or personally benefit financially from it. The <br />following persons are specifically forbidden from having soy Interest In any <br />contract made by their iespective governing bodies <br />1) Elected off Icara <br />2) Town supervisors and town Clarks <br />1) county afflcials, county depu Lies, cuaoty clerks and <br />employees of such officials <br />A ) school bard members. <br />For practiai rewauua L:,e legislature ban created certain 1lalted exception& t., <br />the general prohibition. This questionnaire will easist you in a datereinstlon <br />as to whether a forbidden transaction fits within say of the statutory "Cap - <br />clone. <br />for the purposes of this checklist "Interested officer" #lull near. any public <br />officer or upluytt, as listed above, who directly or through cis er her spouse <br />(sae -Discussion" below) has one of the following Interests in either the entity <br />sukiog or the subject matcer of the sale, lease or cootrecr wi LI the governing <br />body; <br />a. officer; <br />b. director; <br />C. employee (see "Dlaussloa' below); <br />d. partner, <br />¢. .,-aer {anAplr r.. or nwrtlal); <br />t. shareholder; or <br />S. prior luug-tecm ejotracvIal relatloricGip <br />Discussion <br />The deterninacion as to w'iather a particular transaetioi involves an-incerestei <br />office.' often calls for a JOdgeent on the Dart of trie auditor. A helpful <br />concept tO number for analysis, is tut It is 1 conflict of interest to be or. <br />both +ides of a cor.cract or .raasacrLro. <br />Moot problems in this regard, arise io the exsm.riatlon of the "Interest- the <br />fubllc officer has in the persun or entity eaklag the coatrart with Use <br />governing body. Two frequent proolaa areas are. <br />Contracts with officer's or employee's spouse. It Is not a conflict of interest <br />per so for a governing body to contract or otharvi.se scoDneically transact witb <br />a member officer's spouse. However, if the facts indicate an economic benefit <br />to the member officer as a result of 0.e contract or traasactioc, a caaf:ict of <br />interest exists. If a husband and wife. Oat of w.iom is a public officer, share <br />a common pool of funds sad likewise share debts, conflicts say exist because <br />there is benefit to the public officer or amployae flowing from the economic <br />bemaf.t to his spouse. Likewise, if a goverominul officer or employee and his <br />or bar spouse, in fact, do Dot economically benefit from each other, On conflict <br />may asist. <br />2-I <br />