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1999-01-13
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1999-01-13
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SEP -02 -1948 12 03 LEAGUE CF MN CITIES P.11'12 <br /> interested. For example, if the fee reduction will affect the <br /> councilmember's compensation or continued employment, he or she <br /> would obviously have a personal financial interest in the decision. <br /> However, whether an individual's personal interest is sufficient to <br /> disqualify him or her from voting on the decision is a fact question that <br /> must be determined on a case -by -case basis. <br /> jr i s TTVtl In a similar case, the Minnesota Supreme Court held that since a town <br /> 14;w.22 sts (Min12 board member owned property across from a bar that was subject to a <br /> teen liquor license renewal decision, he was disqualified from voting on the <br /> license renewal. The town board member stated his property had been <br /> devalued by S 100,000 since the bar opened, and he was elected to the <br /> board based Largely on his opposition to the bar. The court stated, "a <br /> more direct, admitted, financial interest is hard to imagine." <br /> D. Effect of disqualifying interest on action <br /> Nodes v CO % A contract that is prohibited due to a conflict of interest is void. <br /> 552. nu N.19124192 However, a non - contract situation, where a councilmember has a <br /> (1969) <br /> disqualifying tsq fying interest may be valid if the result would have beer, the same <br /> without the interested official's vote. The court held that it would have <br /> been a "better practice" for the interested member of a three- member civil <br /> service commission to disqualify himself and abstain from voting. <br /> However, his participation in a unanimous decision did not invalidate the <br /> c remission's decision to terminate an employee. <br /> r„ e„9, Councilmembers who have a disqualifying interest in a m'atte`r are <br /> Downant generally excluded when counting the number of councilmemoers <br /> +33 N.W2t1 324 <br /> 309 (.Minn. A, necessary for a quorum, or for the necessary number needed to approve <br /> ') an action by a four-fifths vote, such as <br /> , approving a special assessment <br /> E. Conflict of interest checklist -- -- - -- <br /> 4 Consult with the city attorney. <br /> ♦ Disclose the interest. <br /> i. Make disclosure at the earliest stage preceding the discussion; <br /> Make oral disclosure to the governing body or board: <br /> Make written disclosure; <br /> ii. Don't participate in discussions leading up to the decision, <br /> • Don't vote or take any official action unless the city attorney decides <br /> there is no prohibited conflict of interest. <br /> Official Conflie uftnter's; <br /> 27 <br />
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