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" Gifts, continued from page 1 this exceplion, as wilh all of them. Policy adoption, should be read very narrowly. (j or cily:' The definilion of an in1eresled "(nfonnalional materials of COlldnued rrom page I . person implies that the type oflocal unexceptional value:' tax incrementlinandng, This official who cannol accept a gifl is a . "Food or beverage given al a problem is also considered to be a local official who is authorized to make reception. meal, or meeting away barrier to economic development and decisions which could impact someone from the recipient's place of work redevelopment. financially. Clearly the law applies 10 by an organizalion before whom The fowth. fifth. and sixth highest all mayors, councilmembers. and the recipienl appears 10 make a priority problems deal with financing members of appoinled bodies. speech or answer queslions as part local government. The instability of Many appointed officials including of a program:' This is the only local government aid (LOA) and inspectors. clerks. adminisll'ators. exceplion to whal seems 10 be the homestead and agricultural credit aid managers. finance officers, and people mle: all olher gifrs of food and or (HACA) is the most serious fiscal who purchase or advise on the pur- beverage are prohibited. Under a problem confronting cities (35%), The chase of supplies. goods. and services related law. vendor contributions complexity of the property tax are also covered. The law goes beyond 10 a meeting oflocal officials for system and efforts 10 eliminate LGA local officials who can make financial breakfasts. hospitality rooms. and HACA 10 enable the state 10 use decisions. The law refers to local snacks or refreshments were city money 10 fund schools were each officials whose decisions (a recommen, prohibited (E.P.B. Advisory considered 10 be major problems by 29 dalion is a decision) could impact Opinion #142). percent of the cities vOling. More than someone financially. . Oifrs to a group of non-local 60 percenl of all cities marked at least Finally. there is the queslion, "what officials of which a local official one of these three fiscal concerns as a is a gift?" A gift means "money, real or happens to be a member, and gifrs problem. personal propeny, a service, a loan, a from a family member. Annexation and olher boundary forbearance or forgiveness of indebled- There is a relaled law, enacted in adjusunenl problems and inadeq uale ness, or a promise of future employ- Chapler 377. codified as Minnesota funding for roads and transit both are menl, that is given and received StatuteS See lion IOA.071 which applies concerns for 2S percent of the cities withoulthe giver receiving (from the to officials of metropolitan cities over voting. local official) consideration of equal or 50,000 populalion and to legislators, It Other problems facing cities for at greater value in return:' To help prohibirs gifts from lobbyisrs. The least 15 percenl of the cities vOling clarify this, the law established some exceplions are vinually the same. The were: development ourside of cities exceplions. The following are nOl only real difference is that the law which inhibirs the growth of cilies and prohibiled giflS. applying 10 all cilies will be enforced resulrs in haphazard developmenl of . A political contribution. by criminal prosecution whereas the rural areas; the costs of compliance . "Services 10 assist an official in the law dealing wilh lobbyisrs will be with environmental mandates; and performances of official dulies, enforced by the Ethical Praclices sales taxes on city purchases. including but nOllimiled to Board. In reviewing the ballOts, the providing advice, consultation, The real enforcement of these new diversity of problems becomes appar' information, and communication laws will be through public opinion. enl. What may be perceived as a in connection with legislation. and The media and political opponenrs of serious problem by one city is not for services to constituents:' But this those in office will be watching to see another. This is probably why the exception seems to be more how carefully local officials follow the League has so many legislative policies confusing than clarifying. law. That is why we are advising and why our effons al the Legislature . "Services of insignificanl mon- caution. As a general rule no elected and Congress may appear diffused elary value." official, member of an advisory board. rather than focused. . "A placque or memento recogniz, or public employee should accept any AI last November's Policy ing individual services in a field of gift unless Ihe city a!lomey is of the Adoplion Conference. the League specialty or to a charitable cause:' opinion that the gift is one of the rare membership established eight priori, . "A trinket or memento of insignifi, exceptions to the rule. ties. At the November 18. 1994 Policy caOl value:' What is insignificant The League will continue to advise Adoption Conference. when the policy value? Under a related law, a gift city officials of the developments as, committees make their recommenda- of a $2 pocket calendar was found this new law is interpreted. Walch tions to the members, we hope mem- ,'- to be a prohibited gift (E.P,B. fUlure issues of Ihe Cities Bul/etin for bers will again set policy priorities so Advisory Opinion #141). Thus. more detai Is. 0 that the League can focus irs effons during the 1995 sessions of the Legislature and Congress. 0 June 28, 1994 Page 7