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G( ~Jl"PnNI-Q~Vcj <br />§ 2-131 / ELK RIVER CODE <br />Of~lcial includes all elected and appointed offi- <br />cials of the city, including but not limited to the <br />city council, the economic development authority, <br />and the members of the boards and commissions <br />established by this Code. <br />(Ord. No. 99-33, § 2(220.04), 12-20-1999) <br />Cross reference--Definitions generally, § 1-2. <br />Sec. 2-132. Intent of division; conflicts of in- <br />terest prohibited. <br />The credibility of the local government rests <br />heavily upon the confidence which citizens have <br />in public officials and employees to render fair <br />and impaztial services to all citizens without <br />regazd to personal interest and/or political influ- <br />ence. Thus, city officials and employees must <br />scrupulously avoid any activity which suggests a <br />conflict of interest between their private interests <br />and city responsibilities. Officials and employees <br />of the city, or their family members, shall not <br />engage or have financial interest in any business <br />or other activity which could reasonably lead to a <br />conflict of interest with the official's or employee's <br />primary city responsibilities. Family members of <br />an official or employee shall be deemed to be the <br />official's or employee's spouse, pazents, children, <br />siblings, father-in-law, mother-in-law, brothers-in- <br />law, and sisters-in-law and the lineal descendants <br />of any of them. Examples of activities which are <br />not in accordance with this policy include, but aze <br />not limited to, the following: <br />(1) Entering into any sale, lease, or contract <br />in violation of Minn. Stats. §§ 471.87- <br />471.89• <br />(2) Acceptance by a local official of any gift <br />from an interested person in violation of <br />Minn. Stats. § 471.895; <br />(3) Activities which require the official or <br />employee to interpret city codes, ordi- <br />nances, or regulations which such activity <br />involves matters with which the official or <br />employee has business and/or family ties; <br />(5) Using an official's or employee's author- <br />ity, influence, or city position for the paz- <br />pose of private or personal financial gain; <br />(6) The use of city time, facilities, equipment, <br />or supplies for the purpose of private or <br />personal financial gain; <br />(7) Entering into a business transaction when <br />it involves using confidential information <br />gained in the course of employment; <br />(8) Accepting other employment or public of- <br />fice where it will affect the official's or <br />employee's independence of judgment or <br />require use of confidential information <br />gained as a result of city duties; <br />(9) Conducting personal business while work- <br />ing regularly scheduled hours; and <br />(10) Accepting rebates or procuring any finan- <br />cial gain through the bidding process or <br />employment of outside personnel. <br />(Ord. No. 99-33, § 2(220.00), 12-20-1999) <br />Sec. 2-133. Enforcement. <br />Any official or employee engaging in any activ- <br />ity involving either an actual or potential conflict <br />of interest or having knowledge of such activity by <br />another official or employee shall promptly report <br />the activity to the city administrator, or, if such <br />activity be by the city administrator, to the mayor. <br />The city administrator or mayor shall investigate <br />the matter and make a determination as to whether <br />or not an actual or potential conflict exists. If the <br />city administrator or mayor determines a conflict <br />exists, it shall be presumed that the continuation <br />of the practice would be injurious to the effective- <br />ness of the official or employee in carrying out his <br />duties and responsibilities. In such cases the <br />official or employee shall immediately terminate <br />the conflicting activity ar be subject to termina- <br />tion of employment or removal from office. <br />(Ord. No. 99-33, § 2(220.02), 12-20-1999) <br />(4) Consulting activities carried out within <br />the city if such consulting involves talents <br />or skills primarily related to the official's <br />or employee's city work responsibilities; <br />Supp. No. 17 CD2:10 <br />