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City of Hastings Charter Commission July 9, 1987 Page 3 of 5 Chairperson Hartman then asked Shawn Moynihan if there was in fact a copy of a packet available to anyone who wants to see it. Moynihan replied that the law requires that it be there but he couldn't say if it has been there at every Council Meeting although the staff is aware that it is required. Chairperson Hartman stated that he had not seen it when he picks up his agenda. Moynihan stated they have been making the packet available on a regular basis in the last 5 months. Chairperson Hartman asked if anyone saw anything questionable, how would that person handle that? Moynihan said at the Council Meeting prior to the consent agenda it is asked if there are any questions from the audience and that is when the public should present any and all questions. Ghairperson Hartman then asked the commission if there were any questions on the committees recommendation. Being none, Ghairperson Dobrick continued on the "Conflict of Interest". Minnesota statutes forbid any public officer who is authorized to take part in making a sale, lease, or contract to voluntarily have a personal financial interest in the transaction or to personally benefit financially from it. This statute applies to members of the City Council. Dobrick pointed out that there were several exceptions to the statute, one being the allowance of a council. member, who is a member of the fire department with exception to the Fire Chief, to participate in making a contract between the city and the city "volunteer fire department for the payment of compensa- tion to its members or for the payment of retirement benefits to members". Chairperson Hartman then asked Shawn Moynihan what the other exceptions were. Moynihan informed the commission that there were 9 others. He then summarized them. These exceptions deal with Port Authorities, Seaway Paxt Authorities, Economic Development Authorities, School Districts, Hospital Districts, City and County made by unanimous vote for contracts for goods and services with an interested officer in any of the fol.lawing cases i.e, if you have a unanimous vote you can make the following exceptions: 1. Bank or savings in which the officer has an interest in which that bank is used for the depositary of public funds. 2. If a council member has an interest in an official newspaper and only if you are using that in compliance with the statute. 3. A contract with a cooperative association in which the officer is a stockholder or shareholder but not an officer of the association. 4. A contract with a public official for which competitive bids are not required by law and the amount cannot exceed $1,000. 5. A contract with a municipal band for compensation for its members. 6. Contract for goods or services when consideration does not exceed $5,000 within a year and the contracted governmental unit has a population of less than 5000. 7. Deals with Port Authorities and Economic Development Authorities which may do business with shippers. Does not apply to Hastings. 8. Deals with the Seaway Port Authorities where a public officer is engaged in exporting and importing for general trade. 9. Deals with the commissioner of public housing, port authority or economical. development who is employed by a bank who is engaged in making loans. Cha.irpersan Dobrick informed the commission of a 14 page brochure put out by the "League of Cities" on this subject of Official Conflict of Interest. Chairperson Dobrick, on behalf of his committee, then asked for direction from the commission in reaching a decision concerning differing opinions on the issue of conflict of interest ranging from making no change to the present city charter to recommending inclusion of the strongest language on the sub~eet. He