8.1. SR 06-20-1994 - Laserfiche WebLink

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LARKIN, HOFFMAN, DALY & LINDGREN, LTD. Mr. Bill Rubin, Executive Director ~conomic Development Authority ~une 7, 1994 Page 3 personally benefit financially therefrom. Every public officer who violates this provision is guilty of a gross misdemeanor. Minnesota Statutes Section 469.098 provides as follows: Except as authorized in Section 471.88 a commissioner, officer or employee of an [economic development] authority must not acquire any financial interest, direct or indirect, in any project or in any property included or planned to be included in any project, nor shall the person have any financial interests, direct or indirect, in any contract or proposed contract for materials or service to be furnished or used in connection with any project. Minnesota Statutes Section 471.88 sets forth 16 exceptions to Sections 471.87 and 469.098. The only relevant exception provides that the governing body of the EDA may, by unanimous vote, contract for goods and services with an interested officer in the case of a contract for which competitive bids are not required by law. The state conflict of interest laws prohibit an EDA Commissioner from having a IIfinancial interestll in a sale, lease, contract, proposed contract or project of the EDA. The prohibition here is against a _, financial interest." An employee, who has no ownership interest in the company, and whose compensation is not dependent upon the company's dealings with the EDA, does not have a IIfinancial interest" within the scope of these statutes. The City of Elk River's conflict of interest ordinance is found at Section 218.08(9) of the Elk River City Code. The conflict of interest ordinance, as revised by the City Council approximately a year ago, applies to all lIofficials and employeesll of the City. The term lIofficial" is defined in Section 9(b) of the ordinance to include appointed officials to the EDA. The conflict of interest ordinance 4IJoes, therefore, apply to President Gongoll.