Laserfiche WebLink
i-. R:CHARD MEYERS. P. A. <br />ATTOANCT AT "W <br />I lM r„wr w. M. <br />ST. MY�. NIN[NOOTA 96113 <br />tell, 0".86" I. <br />January 24, 196, <br />dU:U, heuraVi., ,its a Co., :VD. <br />Birch Lase Prof,asiora: Builairg <br />:310 E. Xwy. 95 <br />An: -.a bear L:.kc. A.in:a.:uta 3511J <br />Re: City of you:.os View <br />Attentions Robert G. Yautges, CPA <br />Dear Booi <br />-'nclosed please find a copy of my 1953 opinion relative to a <br />council member voting on the salary of a spouse employee of tta <br />city. <br />city of ..-ontiti ','iew the memberi of the co, ncil, clerk- <br />aa,ministrator, treas,.rer and department heads are r-ublie office:.: <br />:hat shall not voluntarily have a personal interest in a contract <br />or personally benefit financially therefrom. <br />No public officar sh>11 retain their position with the city if <br />such a contract is to ie entered into, unless exempted by stat�.v. <br />Hnwever, if such contract existed prior to becoming a public o_fi;ar <br />it is my opinion that the contract is not voided and can be acte._ <br />upon by unanimc:a vote of the council, unless the council finds <br />that the public office: volur.tari_, had a personal interest in <br />contract and per -orally benefitted financially therefrom. <br />The proposed sa.,:e :eater �f representation as " aid to auditir4, <br />presents no problem to me, but would have to be -presented as a <br />purely voluntary act. <br />Since Minn. Stat. 471.87, exposes a public officer to possible <br />criminal action. I would suggest, that in spite o-' ti:is opinic.., <br />any public officer the. questions his or her liability would be <br />advised to seek legal advice from a ;ersonal attorney. <br />Yours truly, <br />' Richard Meyers <br />rounds View City Attorney <br />cc. :.on ::..ley <br />