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1301.3 This Statement of Ethics shall be liberally construed in favor of protecting the <br /> public's interest in full disclosure of conflicts of interest and promoting ethical <br /> standards of conduct. <br /> 1302: ETHICS IN GOVERNMENT: Minnesota Statutes, Chapter 1OA, Ethics in Government, <br /> is incorporated herein by reference. This policy shall be construed and interpreted in <br /> consultation with the City Attorney according to Minnesota Statutes and case law. <br /> i <br /> 1303: GIFTS AND FAVORS: No public official shall accept any valuable gift, favor or thing of <br /> value, regardless of amount whether in the form of money, service, loan, thing or <br /> promise from any person which to the official's knowledge is concerned, directly or <br /> indirectly in any manner whatsoever in business dealings with the City. <br /> 1304: USE OF EQUIPMENT AND FACILITIES: No public official shall request or permit the <br /> unauthorized use of City-owned vehicles, equipment, materials, property, labor or <br /> services for personal convenience or profit. <br /> 1305: CONFLICT OF INTEREST: Except as authorized in Minn. Stat. 471.88, a public officer <br /> who is authorized to take part in any manner in making any sale, lease, or contract in <br /> official capacity shall not voluntarily have a personal financial interest in that sale, lease, <br /> or contract or personally benefit financially therefrom. (Minn. Stat. Section 471.87) <br /> 1306 A public official or local official elected to or appointed by a metropolitan governmental <br /> unit who in the discharge of official duties would be required to take an action or make a <br /> decision that would substantially affect the official's financial interests or those of an <br /> associated business, unless the effect on the official is no greater than on other <br /> members of the official's business classification, profession or occupation, must take the <br /> following actions: <br /> 1306.1 Advise the City Attorney of the potential conflict of interest as soon as possible, <br /> preferably before the meeting; and <br /> 1306.2 The City Attorney shall determine whether a disqualifying conflict of interest <br /> exists. <br /> 1306.3 Any council member shall orally inform the City Council of the potential conflict <br /> and abstain from any participation in that agenda item. <br /> 1307: The purpose behind the creation of a rule, which would disqualify public-officials from <br /> participating in proceedings in a decision-making capacity when they have a direct <br /> conflict of interest in its outcome, is to insure that their decision will not be an arbitrary <br /> reflection of their own selfish interests. There is no settled general rule as to whether <br /> such an interest will disqualify an official. Each case must be decided on the basis of the <br /> particular facts present. Among the relevant factors that should be considered in making <br /> this determination are: (1) nature of the decision being made; (2) the nature of the <br /> pecuniary interest; (3) the number of officials making the decision who are interested; (4) <br /> the need, if any, to have interested persons make the decision; and (5) the other means <br /> available, if any, such as the opportunity for review, that serve to insure that the officials <br /> will not act arbitrarily to further their selfish interests. <br /> M\Council\B Maws\Oily COMICII By`aw s Revised,.3une 2.0'12.doc 21 <br />