5.12. SR 12-19-1994 - Laserfiche WebLink

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. 7. A public officer may rent space in a public facility at a rate commensurate with that paid by other members of the public. 8. Local officials may apply for a County HRA loan or grant. Minnesota Statutes Section 471.881 provides that the exceptions set forth above apply not withstanding the provisions of any other statute and Section 471.89 sets forth the procedures to follow when a contract is void. Gifts Minnesota Statutes Section 471.895 addresses gifts to public officials. This is the statute adopted by the 1994 legislature which has triggered so much discussion. The prohibition in this statute reads as follows: An interested person may not give a gift or request another to give a gift to a local official. A local official may not accept a gift from an interested person. . "Gift" is defined to mean money, real or personal property, a service, a loan, a forbearance or forgiveness of indebtedness, or a promise of future employment, that is given and received without the giver receiving consideration of equal or greater value in return. "Interested person" is defined to mean a person or a representative of a person or association that has a direct financial interest in a decision that a local official is authorized to make. "Local official" is defined to mean an elected or appointed official of a county or city or of an agency, authority or instrumentality of a county or city. Following are some thoughts on some of the key terms in this statute: Who is an "interested person"? An interested person is one that has "a direct financial interest" in a decision that a local official is authorized to make. Commentators have suggested that a direct financial interest is not the general interest that every taxpayer has in the decisions of a local official, but is the more immediate and personal interest that one has in a decision that affects one differently from others, such as a tax abatement or assessment on a particular parcel. 3.