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8.2. SR 06-21-1993
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8.2. SR 06-21-1993
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<br />statement delivered to the officials' immediate superior. These <br />requirements are found in Minnesota Statutes Section lOA.09 and <br />Section lOA.07. These requirements do not presently apply to Elk <br />River or Sherburne County, because neither is a "metropolitan <br />governmental unit. II (Sherburne County's policy was apparently <br />adooted in reaction to a directive from the State Auditor/ rather <br />than by statutory requirement.) However, the state legislature <br />is considering ~~endments to the Ethics in Government Act this <br />session which apparently would apply to municipalities outside of <br />the metropolitan area, such as Elk River. We do not know at this <br />time whether this statute will be adopted or what its <br />requirements will be if it is adopted. <br /> <br />Elk River's existing conflict of interest policy goes beyond the <br />current requ1rements of applicable state law. However, the <br />policy could be strengthened further if the City Council saw !It <br />and, as noted above, state law may change requiring a stricter <br />policy. The options currently available to the City Council are <br />as follows: <br /> <br />1. The Council could continue with the current City <br />conflict of interest policy/ as set forth in the City <br />Code, revising it if and as necessary following action <br />by the Legislature on the proposed ~~enQ~ents to the <br />State Ethics in Gover~~ent Act. We will monitor this <br />legislation on the City's behalf and report to the <br />Council if and when any legislation is adopted. Our <br />report would include recommendations on how to bring cne <br />City's policy into compliance with the new state law. <br /> <br />2. The Council could strengthen and expand the City'S <br />conflict of interest policy by making it applicable to <br />City officials as well as employees, and broadening the <br />list of prohibited activities. I have prepared an <br />ordinance amendment for the City Council to consider <br />which would make the changes which we would recommend if <br />the Council elected to take this option. This proposed <br />amendment is attached as Exhibit B. <br /> <br />3. The Council could also adopt an annual disclosure <br />requirement similar to that found in the State Ethics in <br />Government Act and the County's nrelated party <br />transaction questionnaire.n I have prepared an <br />ordinance amendment (Exhibit C) which WQuld add this <br />requirement to the existing City Code. I have also <br />prepared a proposed conflict of interest questionnaire <br />(Exhibit D) which could be used as the annual disclosure <br />document. This auestionnaire could be expanded and <br />revised from time to time without further-ordinance <br />amendments. <br /> <br />The City Council could take any of the three options outlined <br />above, or could combine options 2 and 3. Perhaps the most <br />efficient course of action would be to await legislative action <br /> <br />2 . <br />
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