1990-04-03 Ethical Standard Res. Legal Opinion

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• Law Ices of Barry L. Blomquist 726 Elm Street P.O. Box 578 North Branch, MN 55056 Legal A Wants Barry L. Blomquist (612) 674 -8381 Judith mchik Timothy J. Peterson Metro 462 -2121 Nancy chmidt April 3, 1990 Centerville City Council c/o Tamara Miltz - Miller 1694 Sorel St. Centerville, MN 55038 Re: Proposed "Ethical Standards Resolution" Dear Council Members: You have provided me with a copy of and requested my comments upon a proposed resolution entitled "Ethical Standards Resolution" being considered for adoption by the Council. pparently, the incident or situation which prompted this proposal is that cited in the minutes of the March 14, 1990 meeting relating to the recently obtained Affidavit of Publication and the notary backdating the acknowledgment near the date of actual publication. Being unfamiliar with the underlying details, it is inappropriate for me to comment upon that incident. The question that naturally arises is: Will the adoption of the proposed resolution or one similar avoid or minimize such situations in the future, assuming the situation in question raised ethical issues? You should consider the distinction between a resolution and an ordinance should you desire to proceed with such a document. Under the law, a resolution is a formal action by the Council but is usually of short -term duration or merely states a position of the Council on a municipal matter. A resolution is not a law and lacks enforcement authority. On the other hand, an ordinance upon.completion and publication does become a law which may be enforced through a proceeding before the Council and also before a court, either initially or on appeal of the Council decision. If the Council merely wishes to announce to the public, the city officials, employees and independent contractors of its desire to promote ethical considerations in all city business, a resolution will suffice.