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LARKIN, HOFFMAN, DALY& LINDGREN, LTD. <br /> Mr. Bill Rubin, Executive Director <br /> Economic Development Authority <br /> !Tune 7, 1994 <br /> Page 2 <br /> the EDA and President Gongoll should be aware of . These issues are <br /> also discussed below. <br /> Prospect Status Report <br /> Subdivision 1 (b) of the Minnesota Open Meeting Law (Minnesota Statutes <br /> Section 471. 705, Subd. 1 (b) ) provides, in part, as follows : <br /> Agenda Materials . In any meeting which under Subdivision 1 must <br /> be open to the public, at least one copy of any printed materials <br /> relating to the agenda items of the meeting which are prepared or <br /> distributed by or at the direction of the governing body or its <br /> employees and which are: <br /> (1) distributed at the meeting to all members of the <br /> governing body; <br /> (2) distributed before the meeting to all members; or <br /> (3) available in the meeting room to all members; <br /> shall be available in the meeting room for inspection by the <br /> • public. . . <br /> The statute goes on to state that Subdivision 1 (b) does not apply to <br /> materials classified by law as other than public or to materials <br /> relating to the agenda items of properly closed meetings. <br /> It is my understanding it has been the practice in Elk River for the <br /> EDA to receive a "confidential" Prospect Status Report before each <br /> meeting. It is President Gongoll ' s access to the monthly Prospect <br /> Status Report which has raised the issue of a potential conflict of <br /> interest. My recommendation is that the EDA address this issue by <br /> discontinuing the practice of preparing "confidential" Prospect Status <br /> Reports to the EDA Commissioners, and that only information which is <br /> public data be provided to the Commissioners . This will insure that <br /> the EDA is in compliance with the requirements of the Open Meeting <br /> Law, and that President Gongoll will not have access to any <br /> information not available to the general public. <br /> State Conflict of Interest Statutes <br /> Minnesota Statutes Section 471. 87 provides as follows : <br /> Except as authorized in Section 471. 88, a public officer who is <br /> authorized to take part in any manner in making any sale, lease, <br /> or contract in official capacity shall not voluntarily have a <br /> personal financial interest in that sale, lease, or contract or <br /> • <br />