2002-08-14 CC Packet - Laserfiche WebLink

Home Browse Search

The Attorney General's Opinion goes on to say that the "inquiry should focus on the questions of whether the primary purpose of the luncheon was in fact to discuss planning and operations of the new branch library, and whether that discussion is properly incidental to the Library Board's chartered function." The Opinion states, "Our courts are disposed to defer decision on these questions unless the facts show a serious abuse of discretion. " In commenting on a 1954 Opinion addressing luncheon expenses incurred by the City of Hopkins, the Attorney General stated, "it rests within the discretion of the city council, in the exercise of its sound and honest judgment, to determine whether or not the above $10.00 item was incurred for a public purpose. . ." Moreover, in another opinion from 1958, regarding the reimbursement of expenses in attending a convention, the Attorney General stated: "Matters of this kind involve questions of fact and of policy. Our courts have indicated it is wisest to leave such matters to the reasonable discretion of those who represent the interest of the city, i.e., its governing body." Accordingly, as with many ofthe other issues addressed by the OSA, the question of the validity of business luncheon expenses incurred by city officials is one for the city council to evaluate, looking at whether the expense furthers a public purpose and whether it can logically be seen as a natural incident of a municipal function. In this regard, we would urge cities to set policies and establish guidelines describing under what circumstance the city will reimburse for employee lunches. Chamber of Commerce Dues Relying on a 1997 Attorney General letter Opinion to the City of Staples, the OSA questioned the legality of paying dues to the local Chamber of Commerce. The Attorney General's Opinion, upon which the OSA relies, offers a very narrow interpretation of three statutes that arguably support authority to pay chamber dues. In particular, Minn. Stat. ~ 469.187 - ~ 469. I 89 gives various categories of cities, the authority to expend city funds to advertise the "resources and advantages" of the community. While there is no explicit statutory authority to pay dues to a Chamber of Commerce, it can be argued that the purpose of a Chamber of Commerce is to promote the city's resources and advantages. In effect, the membership in the Chamber of Commerce could be viewed as a contract between the city and the chamber to promote the city. To buttress this argument, at the time of approving chamber membership, the city council may want to make explicit findings about what it intends to receive from its chamber membership and why participation in the chamber promotes an important city purpose. 7