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2018-08-27 EDA Packet
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2018-08-27 EDA Packet
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direct or indirect, in any contract or proposed contract for materials or services to be fin-nished or <br /> used in connection with any project(Minn. Stat., § 469.098). <br /> The following is a list of exceptions when an EDA may contract for goods or services with a <br /> Commissioner or officer of the EDA who has a financial interest in a project. Approval of this <br /> action must be passed by a unanimous vote of the EDA with the affected Commissioner <br /> abstaining from the vote on the resolution(.Minn. Stat., § 471.88). <br /> 1. When an officer or Commissioner is employed by a bank or savings association that <br /> serves as the EDAs depository or as a source of bon-owing, and that Commissioner has an <br /> interest either direct or indirect, no restrictions apply. However, if a Commissioner or <br /> officer does have a direct or indirect interest as a director or an employee of the bank or <br /> savings association, he or she must make that disclosure and enter it into the minutes of <br /> the EDA. This disclosure serves as notice of the Commissioner's interest and does not <br /> need to be made on future transactions with that designated financial institution. <br /> ® When a Commissioner of the EDA is employed by a bank that is engaged in making <br /> loans or performing trust services involving real or personal property affected by my <br /> plan of the EDA, there is no restriction that applies to the loans made or trust services <br /> performed by the Commissioner's bank if he or she discloses the nature of the loans or <br /> trust services of is the Commissioner has personal Imowledge. This disclosure must <br /> be entered in the minutes of the EDA. <br /> 3. If the EDA has designated an official newspaper, or publication where it publishes its <br /> public notices and minutes, and a Commissioner has an interest in the paper. <br /> ® If the EDA enters into a contract with a cooperative association where a Commissioner is <br /> a shareholder or stockholder,but not an officer or manager. <br /> 5. A contract for which competitive bids are not required by law and where the amount does <br /> not exceed$5,000. <br /> 6. Contracts for goods or services when consideration does not exceed $5,000 in any year <br /> and the sealed bid process is used and the contracting governmental unit has a population <br /> of less than 1,000. <br /> 7. When an EDA Commissioner is engaged in or employed by a firm that is in the business <br /> of importing or exporting or general trade, the EDA may enter into business transactions <br /> with the Commissioner or the Commissioner's employer provided that the Commissioner <br /> abstains from voting on any resolution that sets rates affecting shippers or users of an <br /> EDA-owned facility. (Minn. Stat. § 471.88) <br /> Ethics Law <br /> Changes made in the 1994 Ethics ® Government Act not only affect state legislators but also <br /> local officials. The definition of a local official is "a person who holds elective office in a <br /> political subdivision or who is appointed to or employed in a public position in a political <br /> subdivision". Nfinn. Stat. § 10A.01 Subd. 22 goes on to state that local officials are those who <br /> .................................................. <br />
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