HomeMy WebLinkAboutres_10568EXTRACT OF MINUTES OF MEETING
OF THE
CITY COUNCIL OF THE CITY OF ROSEVILLE
Pursuant to due call and notice thereof, a regular meeting of the City Council of the City
of Roseville, County of Ramsey, Minnesota was duly held on the 19th day of November,
2007, at 6:00 p.m.
The following members were present: Roe, Pust, Kough, Ihlan and Klausing.
and the following were absent: none.
Member Klausing introduced the following resolution and moved its adoption:
RESOLUTION No. 10568
Resolution Establishing a Procedure for Advisory Ethics Opinions
WHEREAS, At the March 26, 2007 City Council meeting the City Council the Council
adopted Resolution 10489 authorizing the Ethics Commission to establish
a procedure relative to handling difficult situations before they become
breaches of ethical conduct; and
WHEREAS, The Ethics Commission presented their recommendations for a procedure
for Advisory Ethics Opinions at the October 15, 2007 City Council
meeting; and
WHEREAS, It was recommended that the procedure be formally adopted by resolution;
NOW, THEREFORE, BE IT RESOLVED, that the City of Roseville hereby adopts the
procedure for Advisory Ethics Opinions per Attachment A.
The motion for the adoption of the foregoing resolution was duly seconded by Member
Ihlan, and upon a vote being taken thereon, the following voted in favor thereof: Roe,
Pust, Kough, Ihlan and Klausing
and the following voted against the same: none.
WHEREUPON said resolution was declared duly passed and adopted.
Attachment A
Procedure for Advisory Ethics Opinions Resolution
PROCEDURE FOR
ADVISORY ETHICS OPINIONS
Advisory Opinions
Individuals who are subject to the requirements of the Roseville Ethics Code may
request an advisory opinion from the City Attorney regarding the Ethics Code to
guide their actions for compliance with the law. Individuals may request formal or
informal opinions. Requests for opinions and the opinions issued, are classified as
private/confidential data under the Minnesota Government Data Practices Act. A
public version of any formal advisory opinions shall be published by the City as
limited by the State's Data Practices Act.
II. Formal Advisory Opinions
1. Who may request. The City Attorney may issue a formal advisory opinion
on the request of a person to whom the Roseville Code of Ethics applies. A
request for a written advisory opinion maybe made only by an individual
that wishes to use the opinion to guide the individual's own conduct.
2. Requests must be in writing. Requests for formal advisory opinions shall
be in writing and must set out with reasonable specificity the facts and
circumstances of a real case. Requests for advisory opinions shall be filed
with the City Attorney, who shall assist any person requesting an advisory
opinion in preparing the request.
3. Discretion to issue. The City Attorney shall expeditiously determine
whether to issue a written advisory opinion addressing the issues raised.
The City Attorney may determine that no opinion maybe given, or that an
informal opinion will be rendered.
4. Issuance. If the City Attorney determines that he/she shall issue an
advisory opinion, it shall be prepared in writing, and shall be forwarded to
the person requesting it and to the City Attorney, City Manager and Ethics
Commission. The Ethics Commission shall publish an opinion or a
summary of an opinion, as limited by the .State's Data Practices Act, but
any such published opinion or summary of an opinion may not include the
name of the requestor, or any other information that might identify the
requestor.
5. Effect. When a formal advisory opinion is issued, a person that acts in
conformity with the written advisory opinion shall not be subject to any
Procedure for Advisory Ethics Opinions Resolution
Attachment A
discipline, reprimand, or other action by the City in any subsequent
complaint that maybe made covering the action to which the written
advisory opinion applies, except when:
a. A written advisory opinion has been amended or revoked before the
initiation of the complaint proceeding;
b. It is determined that the original request for a written advisory
opinion omitted or misstated material facts; or
c. It is found that the person making or covered by the request in
question had not acted in good faith in reliance on the opinion.
6. Timeframe for issuing written advisory opinions. The City Attorney shall
issue his/her opinion as soon as possible but at least within 60 days from
the request.
III. Informal Advisory Opinions
The City Attorney is authorized to give oral informal advice to persons seeking
guidance as to the spirit or legal requirements of the Roseville Ethics Code. Such
informal advice shall be rendered only to an individual that wishes to use the
advice to guide the individual's own conduct. In giving such informal opinion the
City Attorney shall inform the individual that although the advice is given in good
faith, the person seeking the advice relies on it at the person's own risk insofar as
it is not a written advisory opinion. Such opinions maybe given orally, by phone
or otherwise. When giving such an opinion, the City Attorney shall maintain a
record of the opinion rendered. The City Attorney shall periodically inform the
Commission of all opinions rendered.
RRM: #10'7084
Reso. Establishing Procedure for Advisory Ethics Opinions
STATE OF MINNESOTA )
ss
COUNTY OF RAMSEY )
I, the undersigned, being the duly qualified City Manager of the City of Roseville,
County of Ramsey, State of Minnesota, do hereby certify that I have carefully compared
the attached and foregoing extract of minutes of a regular meeting of said City Council
held on the 19th day of November, 2007 with the original thereof on file in my office.
WITNESS MY HAND officially as such Manager this 19th day of November, 2007.
William J. Malinen, City Manager
(Seal)