5.3. ERMUSR 05-08-2012 - Laserfiche WebLink

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s us.c. §§ Isoza; The extent to which a city can wntrol the political activities of its employees Minn. star. § n te.o9. is unclear. State law prohibits public employees from using their official authority or influence to compel a person to apply for membership or become a member of a political organization, to pay or promise to pay a political contribution, or to take part in political activity. State law also prohibits a political subdivision from imposing or enforcing additional limitations on the political activities of employees. nsam. r. r~r. However, the Minnesota Supreme Court has held that a county could adopt a cn~y.4sa rl.w.za 3fi8 (Minn. 1989). policy to require employees to take an unpaid leave during a political candidacy. The court also held that a county employee who was a candidate for a county office had no due process right to a hearing before being placed on unpaid leave. Minn. Star. S 43A.32; 5 The court reasoned that a local government has an interest in prohibiting as.c. §§ not-z; s government employees from certain political activity. As a result, a U.S.C. ¢ 7124. legislative body could prohibit a government employee from becoming a candidate for elective office to prevent potential conflict in the workplace between the employee and the supervisor-incumbent during the campaign, and also to prevent any coercion of fellow employees and subordinates to assist in the political campaign. For these reasons, the court stated that a local government could suspend, or even discharge, a government employee who seeks elective office. Minn, Stars. §§ It is important to note that the court did not discuss whether such a policy ton.zo, snM. 11; may also be applied to the incumbent who was rluming for re-election. The 2118.09-.10: IS U.S.C. §§ fi00-601; 5 U.S.C. § court also did not consider several statutes that appear to limit the restrictions Iso3. employers may impose on their employces' political activities. Cities should exercise caution when adopting a policy to regulate the political activities of employees. Part III. Conflict of interest in contracts G. All cities 1. In general onion. star. § an sr Generally, public officers may not have a personal financial interest in a sale, lease or contract they are authorized to make in their official capacity. A "public officer" certainly includes a mayor, a councilmember or an elected official. In some circumstances, the designation may also include appointed officers and employees who are able to influence contracting decisions. v~ 1, ~ `r~~t M om~lal conmet nrmlerest is