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56Am. Jur. 2d Municipal Generally, any official who has personal financial interest in an official non - Corporations § 142. Lenz v. Coon Creek watershedDist., contractual action is disqualified from participating in the action. This is 278 Minn. 1, 153 N.W.2d 209 especially true when the matter concerns the member's character, conduct, or (1967). Township Bd. of Lake Valley Township v. Lewis, 305 right to hold office. Another situation may be when the official's own personal Minn.488, 234N.W.2d 815 interest is so distinct from the public interest that the member cannot be (1975). expected to represent the public interest fairly in deciding the matter. Dealing with conflicts in non -contractual situations requires the advice and guidance of the city attorney. 3. Incompatible offices State v. sword, 157 Minn. 263, Generally, all individuals in elected office are prohibited from holding 196 N.W. 467 (1923). Kenney v. coergen, 36 Minn. 190, 31 incompatible offices. The question of whether a city official can also serve the N.W. 210 (1886). city in some other capacity is quite complicated. One must look at both the statutory law and the common law that has been developed through Minnesota court decisions. The city attorney should be consulted on concerns about elected officials holding two separate offices. 4. Gifts to elected officials Minn. Star. § 471.895. Elected and appointed "local officials" may not receive a gift from any "interested person." An "interested person" is a person, or representative of a person or an association, who has a direct financial interest in a decision that a local official is authorized to make. This law applies to all cities in Minnesota. Minn. Star. § 471.895, suba. 3. There are a few exceptions to the gift law. Some commonly encountered exceptions include lawful campaign contributions and food, or beverages given at a reception, meal, or meeting the official has been invited to attend. 5. Other laws on ethical behavior Various other state laws regulate the ethical behavior of elected officials. A non -exhaustive list of these laws includes: Minn. Stat. § 15.054. . Sale of government -owned property. In general, officers and employees of the state or its subdivisions are prohibited from selling government -owned property to another officer or employee of the state or its subdivisions. However, the law does not apply to the sale of items acquired or produced for sale to the general public in the ordinary course of business. In addition, the law allows government employees and officers to sell public property if the sale is in the normal course of their duties. Minnesota Mayors Chapter 1-34 Association