7.6. SR 03-15-1993 - Laserfiche WebLink

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I . . r . statement delivered to the officials' immediate superior. These requirements are found in Minnesota Statutes Section 10A.09 and Section 10A.O? These requirements do not presently apply to Elk River or Sherburne County, because neither is a "metropolitan governmental unit." (Sherburne County's policy was apparently adopted in reaction to a directive from the State Auditor, rather than by statutory requirement.) However, the state legislature is considering amendments to the Ethics in Government Act this session which apparently would apply to municipalities outside of the metropolitan area, such as Elk River. We do not know at this time whether this statute will be adopted or what its requirements will be if it is adopted. Elk River's existing conflict of interest policy goes beyond the current requirements of applicable state law. However, the policy could be strengthened further if the City Council saw fit and, as noted above, state law may change requiring a stricter polity. The options currently available to the City Council are as follows: 1. The Council could continue with the current City conflict of interest policy, as set forth in the City Code, revising it if and as necessary following action by the Legislature on the proposed amendments to the State Ethics in Government Act. We will monitor this legislation on the City's behalf and report to the Council if and when any legislation is adopted. Our report would include recommendations on how to bring the City's policy into compliance with the new state law. . 2. The Council could strengthen and expand the City's conflict of interest policy by making it applicable to City officials as well as employees, and broadening the list of prohibited activities. I have prepared an ordinance amendment for the City Council to consider which would make the changes which we would recommend if the Council elected to take this option. This proposed amendment is attached as Exhibit B. 3. The Council could also adopt an annual disclosure requirement similar to that found in the State Ethics in Government Act and the County's "related party transaction questionnaire." I have prepared an ordinance amendment (Exhibit C) which would add this requirement to the existing City Code. I have also prepared a proposed conflict of interest questionnaire (Exhibit D) which could be used as the annual disclosure document. This questionnaire could be expanded and revised from time to time without further ordinance amendments. . The City Council could take any of the three options outlined above, or could combine options 2 and 3. Perhaps the most efficient course of action would be to await legislative action 2.