8.1. SR 06-20-1994 - Laserfiche WebLink

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LARKI~' HOFFMAN, DALY & UNDGREN, LTD. Mr. Bill Rubin, Executive Director ~conomic Development Authority "'une 7, 1994 Page 2 the EDA and President Gongoll should be aware of. These issues are also discussed below. Prospect Status Report Subdivision l(b) of the Minnesota Open Meeting Law (Minnesota Statutes Section 471.705, Subd. l(b)) provides, in part, as follows: Agenda Materials. In any meeting which under Subdivision 1 must be open to the public, at least one copy of any printed materials relating to the agenda items of the meeting which are prepared or distributed by or at the direction of the governing body or its employees and which are: (1) distributed at the meeting to all members of the governing body; (2) distributed before the meeting to all members; or (3) available in the meeting room to all members; e shall be available in the meeting room for inspection by the public. . . The statute goes on to state that Subdivision l(b) does not apply to materials classified by law as other than public or to materials relating to the agenda items of properly closed meetings. It is my understanding it has been the practice in Elk River for the EDA to receive a "confidential" Prospect Status Report before each meeting. It is President Gongoll's access to the monthly Prospect Status Report which has raised the issue of a potential conflict of interest. My recommendation is that the EDA address this issue by discontinuing the practice of preparing "confidential" Prospect Status Reports to the EDA Commissioners, and that only information which is public data be provided to the Commissioners. This will insure that the EDA is in compliance with the requirements of the Open Meeting Law, and that President Gongoll will not have access to any information not available to the general public. State Conflict of Interest Statutes Minnesota Statutes Section 471.87 provides as follows: Except as authorized in Section 471.88, a public officer who is authorized to take part in any manner in making any sale, lease, or contract in official capacity shall not voluntarily have a personal financial interest in that sale, lease, or contract or e