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1999-01-13
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1999-01-13
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SEP -02 -1998 1254 LEAGUE 7 MJ CITIES P.12/12 <br /> Don't influence others. <br /> i. Don't participate in the discussion, either at the time of the vote <br /> or earlier; <br /> E. Leave the room when the governing body is discussing the matter. <br /> .. A. - <br /> < ft t 1 t fty of offices �~`— <br /> l' <br /> A. In : eueral j,, <br /> The questi. of whether a city official can also serve the city ' o me <br /> other cepeci • is quite complicated. One must look at bo a statutory <br /> law, and the co , on law that has been developed thro Minnesota <br /> court decisions - <br /> Ali persons in electe, office are prohibited from !ding incompatible <br /> offices. In addition, m. y appointed officials .n.:y need to consider this <br /> law if taking a position . • t may conflict wi„ their city responsibilities. <br /> The common law doctr' . of inoompati •; try applies to the functions of <br /> two inconsistent offices. Ho ever, th-. - is no clear definition of what <br /> constitutes an "office" for the Lupo - - of this law, Certainly it would <br /> include all elected offices. It ma -, so include appointed offices such as <br /> city administrators, managers, - , i ..lice chiefs. Generally, an office has <br /> greater responsibility, impo - , _, . independence than mere city <br /> employment <br /> v. Sword tr h °en State laws generally do st prevent a per from holding two or more <br /> 263,1 613 governmental positio' . However, without ecific stawtory a <br /> (ip Kimsey <br /> cam,, 36 Man. government officials annot hold more than o uthoritc, <br /> 190, M ti.rv. t]0 incompatible, position if the functions <br /> ttss� o if the 1 jobs create a conflict tween two different <br /> public interests. <br /> Minn- Star. * 43Stl Federal civil : ice rules enerall <br /> g y require that a p on covered by the <br /> rules must re gn before seeking local elected office. a civil service <br /> employees : , hold any local elected office as long as position does <br /> not to ' t with their regular state employment. The AT to <br /> Dep. ,,, • t of Employee Relations will determine weer conflict <br /> exists. <br /> A w. "ver of salary or serving without pay does not change the <br /> in .mpatibility of any two positions because it does not affect the basic <br /> c aracter. �. _ _ \ <br /> 28 <br /> League of Minnesota Cities <br /> TOTAL P.12 <br />
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