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5.2. SR 05-10-2010
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5.2. SR 05-10-2010
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(b) The disclosure under paragraph (a) shall be entered upon the minutes of the authority at its next <br />meeting. The disclosure statement must be submitted no later than one week after the employee or <br />commissioner becomes aware of the potential conflict of interest. However, no disclosure statement is <br />required if the effect on the commissioner or employee of the decision or act will be no greater than <br />on other members of the business, profession, or occupation or if the effect on the organization with <br />which the commissioner or employee is affiliated is indirect, remote, and insubstantial. <br />(c) A potential conflict of interest is present if the commissioner or employee knows or has reason to <br />know that the organization with which the commissioner or employee is affiliated is, or is reasonably <br />likely to become, a participant in a project or development which will be affected by the action or <br />decision. <br />(d) Any individual who knowingly fails to submit a statement required by this subdivision or submits a <br />statement which the individual knows contains false information or omits required information is <br />guilty of a misdemeanor. <br />Subd. 2. Effect of disclosure; criminal penalty. <br />(a) If an employee has a potential conflict of interest, the employee's superior shall immediately assign <br />the matter to another employee who does not have a potential conflict of interest. <br />(b) A commissioner who has a potential conflict of interest shall not attempt to influence an employee <br />in any matter related to the action or decision in question, shall not take part in the action or decision, <br />and shall not be counted toward a quorum during the portion of any meeting of the authority in <br />which the action or decision is to be considered. <br />(c) Any individual who knowingly violates this subdivision is guilty of a misdemeanor. <br />Subd. 3. Conflicts forbidden; criminal penalty. <br />A commissioner or employee of an authority who knowingly takes part in any manner in making any <br />sale, lease, or contract in the commissioner's or employee's official capacity in which the <br />commissioner or employee has a personal financial interest is guilty of a misdemeanor. <br />Subd. 4. Agent or attorney. <br />For one year after termination of a position as a commissioner or employee of an authority, no former <br />commissioner or former employee of an authority shall appear personally before any court or <br />governmental department or agency as agent or attorney for anyone other than the authority in <br />connection with any proceeding, application, request for ruling or other determination, contract, <br />claim, controversy, charge, accusation, arrest, or other particular matter in which the authority is <br />substantially interested, and with respect to which the commissioner or employee took any action or <br />made any decision as a commissioner or employee of the authority at any time within a period of one <br />year prior to the termination of that position. <br />S:\Public Bodies\Council\Council RCA\Boards\Review of Guidelines.doc <br />
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