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• <br /> However, once passed and disseminated, the resolution will be of nominal <br /> benefit, particularly to new officials, employees or contractors. On the <br /> other hand, should the Council desire enforceable standards now and in the <br /> future, those standards should be incorporated into an ordinance duly <br /> adopted. <br /> A more intriguing concern is the contents of the document as opposed to <br /> its form. I enclose for your review copies of M.S. 358.05 requiring an <br /> oath of office by all city officials; a copy of Article 5, Section 6 of <br /> the Minnesota Constitution setting forth the contents of that oath; and a <br /> copy of M.S. 359.12 setting forth the conditions of continuation of nc'tary <br /> publics. I include the latter merely to show as an example that most if <br /> not all persons authorized under Minnesota law to engage in public <br /> activities are subject to certain standards, the non - compliance of which <br /> will result in adverse actions. This is one of many statutes which <br /> deprive licensed or regulated persons of their benefits for their failure <br /> to uphold the law. In numerous instances, acting contrary to the law will <br /> subject a public official to criminal charges. <br /> The adoption of ethical standards is further complicated by the fact that <br /> many professionals are subject to separate, lengthy and specific codes of <br /> ethical behavior not found under Minnesota law. For example, the current <br /> Minnesota Rules of Professional Conduct presently consist of 37 pages <br /> addressing in detail ethical issues between an attorney and the client(s). <br /> Additionally, other professionals are regulated by adopted standards of <br /> their own organization. <br /> )they professionals such as architects, engineers, surveyors, accountants, <br /> electricians, plumbers, etc. are regulated by state law. Their conduct is <br /> governed under the state licensing procedures. As for independent <br /> contractors, their conduct is generally controlled through performance <br /> bonds. <br /> Given all of these various and scattered codes and regulations, it is <br /> difficult to adopt a city document incorporating each. However, this <br /> could be accomplished by general language making any professional or <br /> licensed person subject to any standards promulgated by the organization <br /> to which they belong or by which they are controlled. <br /> However, in addition to the panoply of codes and regulations discussed <br /> above and as previously mentioned, the state legislature has adopted a <br /> number of criminal provisions applicable specifically to public officers <br /> prohibiting bribery, receiving unauthorized compensation, permitting false <br /> claims against the city and more specifically prescribing misconduct of a <br /> public officer or employee which consists of the failure or refusal to <br /> perform a known mandatory duty, does an act knowing it is in excess of <br /> lawful authority or knowing it is fo ;bidden by law under pretense or color <br /> of official authority, intentionally and unlawfully injures another in the <br /> other's person, property or rights, or in the capacity of an officer or <br /> employee makes a certificate, official report or other like document <br /> having knowledge it is false in any material respect. <br /> -2- <br />