5.12. SR 12-19-1994 - Laserfiche WebLink

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. . Who is a "local official"? Members of the Elk River City Council and all members of appointed Council Commissions (including the EDA, HRA, Planning Commission, Park and Recreation Commission, Elk River Municipal Utilities, etc.) are local officials. The commentators have suggested that appointed staff members are also "local officials," if they have significant responsibility for making decisions. However, not every person who works for the City is an "official." Officials are those who have significant responsibility for making decisions, not those who simply carry out the orders of others. What is a "gift"? Virtually anything of any value is going to be considered a "gift" under this statute, including: (a) money, including honoraria; (b) real or personal property, including food and beverages, entertainment tickets, etc.; (c) services, including free travel and lodging; (d) a loan, forbearance or forgiveness of indebtedness; and (e) a promise of future employment. To be a gift, the item of value must be given and received without the giver receiving consideration of equal or greater value in return. The commentators are suggesting that this language will allow local officials and interested persons to, for instance, take turns picking up the check for meals or other items of equal value. The statute makes exceptions for the following: (a) campaign contributions; (b) services to assist in the performance of official duties including, but not limited to, providing advice, consultation, information and communication in connection with legislation and services to constituents; (c) services of insignificant monetary value. However, the value is measured by its value to the recipient (local official) rather than to the giver. Commentators have indicated that this exception should be narrowly construed. 4.