HomeMy WebLinkAbout0863 Ord (City Charter)
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ORDINANCE NO. 863
AN ORDI ANCE AMENDING THE STILLWATER CITY CHARTER
The City Co cil of the City of Stillwater does ordain:
1. The ity Charter of the City of Stillwater is hereby amended by adopting new
~7 .09 ~7.1 0 and ~7 .11 that will read as follows:
"7.09 Public fficers, public employees, interest in contract; penalty.
a) An public officer or public employee who is authorized in their official
capac~ty to take part in any manner in making any sale, lease or contract
decisipn may not voluntarily have a personal financial interest in that sale,
lease pr contract decision or personally benefit therefrom.
b) A ublic officer or public employee who is found to have knowingly violated
this p ovision is guilty of a gross misdemeanor pursuant to Minnesota Statutes
Chap er 471.87.
7.10 Public 0 fleers, interests in permits, licenses or zoning; penalty.
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a) Any public officer who is authorized in their official capacity to take part in
any ntanner in making any permit, license, or zoning decision may not voluntarily
have t private. financial interest clearly separate from that of the general public in
that p~rmit, license or zoning decision or personally benefit therefrom. The
exister.ce of a private financial interest or benefit clearly separate from that of the
gener~l public is, in all instances, a conflict of interest.
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b) EXfept as otherwise provided by law, every public officer must fully disclose
all m4terial information pertaining to potential conflicts of interest as they arise
and must in all instances recuse themselves from participating in any discussion
or de1ision on the matter under consideration.
c) Th~ City Council within sixty (60) days after the effective date of ~ 7.10, must
estab~ish by Ordinance a procedure to administer and enforce the conflict of
intere~t and financial disclosure provisions of the Charter. The Ordinance must, at
a mini mum, include the following provisions:
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1) Insofar as permissible under State law, the City Attorney must
have the authority to issue, upon request of any interested party
who wishes to use the opinion to guide their own conduct, binding
advisory opinions concerning ethical and financial disclosure
matters.
2) That a complainant alleging a violation of ~7.09 or ~7.1 0 may be
made to the City Attorney by any citizen of Stillwater or other
interested party. A public officer or public employee who becomes
aware of a violation of these sections must report the violation to
the City Attorney.
3) That the City Attorney must conduct an inquiry of the alleged
violation and report the findings to the City Council at a public
meeting within thirty (30) days of receiving a complaint.
3) That the City Attorney be authorized to hire independent counsel
in the event it is deemed necessary.
4)
That a finding that a public officer has knowingly violated ~7.09 or
~7.10 is grounds for removal from office.
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7.11 Definititns.
a) "pJblic Officer" means an executive or administrative officer at the City of
Still~ater or any subdivision, agency or commission thereof, whether elected,
appoipted or otherwise designated.
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b) "P~blic Employee" means a person employed or acting for the City of
Stilh'later or any subdivision, agency or commission thereof for the purpose of
exer~tsing their respective powers and performing their respective duties, and who
is notl a public officer.
That any permit, license or zoning decision promulgated or issued
in which an interested public officer participated in violation of
this section is null and void.
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Enacted by tmous vote of the City Council this ~..;jay of 4 ~
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1998.
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Publish: I
Stillwater Gazet~ 7/24/98
ATTEST:
-difi}{)'Il~, [, J. M----
Morli Weldon, Its Clerk
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