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. , Policy adoption, Gifts, continued from page 1 this exception. as with all of them, should be read very narrowly. ( or city:' The delinition of an interested "Informational materials of continued from page 1 . person implies that the type of local unexceptional value:' I tax increment financing. This official who cannot accept a gift is a . "Food or beverage given at 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. tinancially. Clearly the law applies to by an organization before whom The fourth, tifth. and sixth highest all mayors, councilmembers. and the recipient appears to make a priority problems deal with tinancing members of appointed bodies. speech or answer questions as part local government. The instability of Many appointed officials including of a program:' This is the only local government aid (LGA) and inspectors. clerks, adminislraWfS. exception to what seems to be the homestead and agricultural credit aid managers. linance officers, and people rule: all other gifts of food and or (RACA) is the most serious tiscal who purchase or advise on the pur- beverage are prohibited. Under a problem confronting cities (35%). The chase of supplies, goods, and services relmed law, vendor contributions complexity of the property lax are also covered. The law goes beyond to a meeting of local officials for system and efforts to eliminate LGA local officials who can make tinancial breakfasts, hospitality rooms, and RACA to enable the state to use decisions. The law refers to local snacks or refreshments were city money to fund schools were each officials whose decisions (a recommen- prohibited (E.P.B. Advisory considered to be major problems by 29 dation is a decision) could impact Opinion 11142). percent of the cities voting. More than someone financially. . Gifts to a group of non-local 60 percent of all cities marked at least Finally, there is the question. "what officials of which a local official one of these three fiscal concerns as a is a giftT' A gift means "money., real or happens to be a member, and gifts problem. personal property, a service. a loan. a from a family member. Annexation and other boundary forbearance or forgiveness of indebted- There is a related law, enacted in adjustment problems and inadequate ness, or a promise of future employ- Chapter 377, codilied as Minnesota funding for roads and transit both are memo that is given and received Statutes Section IOA.071 which applies concerns for 25 percent of the cities (1 without the giver receiving (from the to officials of metropolitan cities over voting. local official) consideration of equal or 50,000 population and to legislators. It Other problems facing cities for at greater value in return:' To help prohibits gifts from lobbyists. The least 15 percent of the cities voting clarify this, the law established some exceptions are virtually the same. The were: development outside of cities exceptions. The following are not only real difference is that the law which inhibits the growth of cities and prohibited gifts. applying to all cities will be enforced results in haphazard development of . A political contribution. by criminal prosecmion whereas the rural areas; the costs of compliance . "Services to assist an official in the law dealing with lobbyists will be with environmental mandates; and performances of official duties, enforced by the Ethical Practices sales taxes on city purchases. including but not limited to Board. In reviewing the ballots. the providing advice. consultation, The real enforcement of these new diversity of problems becomes appar- infonnation. and communication laws will be through public opinion. ent. What may be perceived as a in connection with legislation. and The media and political opponents 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 efforts at the Legislature . "Services of insignificant mon- caution. As a general rule no elected and Congress may appear diffused ctary value." official, member of an advisory board, rather than focused. . "A placque or memento recogniz- or public employee should accept any At last November's Policy ing individual services in a field of gift unless the city attorney is of the Adoption Conference. the League specialty or to a charitable cause." opinion that the gift is one of the" rare membership established eight priori- . .4A trinket or memen{Q of insignifi- exceptions to the rule. ties. At the November 18, 1994 Policy cant value." \Vhat 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. Watch tions to the members, we hope meffi- .'- to be a prohibited gift (E.P.B. future issues of the Cities Bulletin for bers will again set policy priorities so Advisory Opinion 11141). Thus. more details. 0 that the League can focus its efforts during [he 1995 sessions of the Legislature and Congress. 0 June 28, 1994 Page 7