Office of the Revisor of Statutes
2018 Minnesota Statutes
Found 68 occurrences for code of ethics
43A.38 CODE Next Previous OF Next Previous ETHICS Next FOR EMPLOYEES IN THE EXECUTIVE BRANCH.
Subdivision 1.Definitions.
For the purpose Previous of Next this section the following definitions shall apply:
(a) "Business" means any corporation, partnership, proprietorship, firm, enterprise, franchise, association, organization, self-employed individual or any other legal entity which engages either in nonprofit or profit making activities.
(b) "Confidential information" means any information obtained under government authority which has not become part Previous of Next the body Previous of Next public information and which, if released prematurely or in nonsummary form, may provide unfair economic advantage or adversely affect the competitive position Previous of Next an individual or a business.
(c) "Private interest" means any interest, including but not limited to a financial interest, which pertains to a person or business whereby the person or business would gain a benefit, privilege, exemption or advantage from the action Previous of Next a state agency or employee that is not available to the general public.
Subd. 2.Acceptance Previous of Next gifts; favors.
Employees in the executive branch in the course Previous of Next or in relation to their official duties shall not directly or indirectly receive or agree to receive any payment Previous of Next expense, compensation, gift, reward, gratuity, favor, service or promise Previous of Next future employment or other future benefit from any source, except the state for any activity related to the duties Previous of Next the employee unless otherwise provided by law. However, the acceptance Previous of Next any Previous of Next the following shall not be a violation Previous of Next this subdivision:
(a) Gifts Previous of Next nominal value or gifts or textbooks which may be accepted pursuant to section 15.43.
(b) Plaques or similar mementos recognizing individual services in a field Previous of Next specialty or to a charitable cause.
(c) Payment Previous of Next reimbursement expenses for travel or meals, not to exceed actual expenses incurred, which are not reimbursed by the state and which have been approved in advance by the appointing authority as part Previous of Next the work assignment.
(d) Honoraria or expenses paid for papers, talks, demonstrations, or appearances made by employees on their own time for which they are not compensated by the state.
(e) Tips received by employees engaged in food service and room cleaning at restaurant and lodging facilities in Itasca State Park.
Subd. 3.Use Previous of Next confidential information.
An employee in the executive branch shall not use confidential information to further the employee's private interest, and shall not accept outside employment or involvement in a business or activity that will require the employee to disclose or use confidential information.
Subd. 4.Use Previous of Next state property.
(a) An employee shall not use or allow the use Previous of Next state time, supplies or state-owned or leased property and equipment for the employee's private interests or any other use not in the interest Previous of Next the state, except as provided by law.
(b) An employee may use state time, property, or equipment to communicate electronically with other persons including, but not limited to, elected officials, the employer, or an exclusive bargaining representative under chapter 179A, provided this use, including the value Previous of Next the time spent, results in no incremental cost to the state or results in an incremental cost that is so small as to make accounting for it unreasonable or administratively impracticable.
(c) The commissioners Previous of Next administration and management and budget shall issue a statewide policy on the use Previous of Next electronic mail and other forms Previous of Next electronic communications by executive branch state employees. The policy is not subject to the provisions Previous of Next chapter 14 or 179A. Appointing authorities in the legislative and judicial branches shall issue policies on these issues for their employees. The policies shall permit state employees to make reasonable use Previous of Next state time, property, and equipment for personal communications and shall address issues Previous of Next privacy, content Previous of Next communications, and the definition Previous of Next reasonable use as well as other issues the commissioners and appointing authorities identify as necessary and relevant.
Subd. 5.Conflicts Previous of Next interest.
The following actions by an employee in the executive branch shall be deemed a conflict Previous of Next interest and subject to procedures regarding resolution Previous of Next the conflicts, section 43A.39 or disciplinary action as appropriate:
(1) use or attempted use Previous of Next the employee's official position to secure benefits, privileges, exemptions or advantages for the employee or the employee's immediate family or an organization with which the employee is associated which are different from those available to the general public;
(2) acceptance Previous of Next other employment or contractual relationship that will affect the employee's independence Previous of Next judgment in the exercise Previous of Next official duties;
(3) actions as an agent or attorney in any action or matter pending before the employing agency except in the proper discharge Previous of Next official duties or on the employee's behalf; or
(4) the solicitation Previous of Next a financial agreement for the employee or entity other than the state when the state is currently engaged in the provision Previous of Next the services which are the subject Previous of Next the agreement or where the state has expressed an intention to engage in competition for the provision Previous of Next the services; unless the affected state agency waives this clause.
Subd. 6.Determination Previous of Next conflicts Previous of Next interest.
When an employee believes the potential for a conflict Previous of Next interest exists, it is the employee's duty to avoid the situation. A conflict Previous of Next interest shall be deemed to exist when a review Previous of Next the situation by the employee, the appointing authority or the commissioner determines any one Previous of Next the following conditions to be present:
(1) the use for private gain or advantage Previous of Next state time, facilities, equipment or supplies or badge, uniform, prestige or influence Previous of Next state office or employment;
(2) receipt or acceptance by the employee Previous of Next any money or other thing Previous of Next value from anyone other than the state for the performance Previous of Next an act which the employee would be required or expected to perform in the regular course or hours Previous of Next state employment or as part Previous of Next the duties as an employee;
(3) employment by a business which is subject to the direct or indirect control, inspection, review, audit or enforcement by the employee;
(4) the performance Previous of Next an act in other than the employee's official capacity which may later be subject directly or indirectly to the control, inspection, review, audit or enforcement by the employee.
Subd. 7.Resolution Previous of Next conflict Previous of Next interest.
If the employee, appointing authority or commissioner determine that a conflict Previous of Next interest exists, the matter shall be assigned to another employee who does not have a conflict Previous of Next interest. If it is not possible to assign the matter to an employee who does not have a conflict Previous of Next interest, interested persons shall be notified Previous of Next the conflict and the employee may proceed with the assignment.
Subd. 8.Precedence Previous of Next chapter 10A.
Where specific provisions Previous of Next chapter 10A apply to employees and would conflict with this section, the provisions Previous of chapter 10A shall apply.
Subd. 9.Limits.
This section shall not be interpreted to apply to any activity which is protected by sections 179A.01 to 179A.25 and collective bargaining agreements and practices thereunder nor to prevent a current or former employee from accepting employment with a labor or employee organization representing employees.
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Revisor of Statutes