2011 Minnesota Statutes

469.098 CONFLICT Next Previous OF Next Previous INTEREST Next .

Subdivision 1.Disclosure; criminal penalty.

(a) Before taking an action or making a decision which could substantially affect the commissioner's or an employee's financial interests or those Previous of Next an organization with which the commissioner or an employee is associated, a commissioner or employee Previous of Next an authority shall:

(1) prepare a written statement describing the matter requiring action or decision and the nature Previous of Next the potential Previous conflict Next Previous of Next Previous interest Next ; and

(2) submit the statement to the commissioners Previous of Next the authority.

(b) The disclosure under paragraph (a) shall be entered upon the minutes Previous of Next the authority at its next meeting. The disclosure statement must be submitted no later than one week after the employee or commissioner becomes aware Previous of Next the potential Previous conflict Next Previous of Next Previous interest Next . However, no disclosure statement is required if the effect on the commissioner or employee Previous of Next the decision or act will be no greater than on other members Previous of Next the business, profession, or occupation or if the effect on the organization with which the commissioner or employee is affiliated is indirect, remote, and insubstantial.

(c) A potential Previous conflict Next Previous of Next Previous interest Next is present if the commissioner or employee knows or has reason to know that the organization with which the commissioner or employee is affiliated is, or is reasonably likely to become, a participant in a project or development which will be affected by the action or decision.

(d) Any individual who knowingly fails to submit a statement required by this subdivision or submits a statement which the individual knows contains false information or omits required information is guilty Previous of Next a misdemeanor.

Subd. 2.Effect Previous of Next disclosure; criminal penalty.

(a) If an employee has a potential Previous conflict Next Previous of Next Previous interest Next , the employee's superior shall immediately assign the matter to another employee who does not have a potential Previous conflict Next Previous of Next Previous interest Next .

(b) A commissioner who has a potential Previous conflict Next Previous of Next Previous interest Next shall not attempt to influence an employee in any matter related to the action or decision in question, shall not take part in the action or decision, and shall not be counted toward a quorum during the portion Previous of Next any meeting Previous of Next the authority in which the action or decision is to be considered.

(c) Any individual who knowingly violates this subdivision is guilty Previous of Next a misdemeanor.

Subd. 3.Conflicts forbidden; criminal penalty.

A commissioner or employee Previous of Next an authority who knowingly takes part in any manner in making any sale, lease, or contract in the commissioner's or employee's official capacity in which the commissioner or employee has a personal financial Previous interest Next is guilty Previous of Next a misdemeanor.

Subd. 4.Agent or attorney.

For one year after termination Previous of Next a position as a commissioner or employee Previous of Next an authority, no former commissioner or former employee Previous of Next an authority shall appear personally before any court or governmental department or agency as agent or attorney for anyone other than the authority in connection with any proceeding, application, request for ruling or other determination, contract, claim, controversy, charge, accusation, arrest, or other particular matter in which the authority is substantially interested, and with respect to which the commissioner or employee took any action or made any decision as a commissioner or employee Previous of Next the authority at any time within a period Previous of Next one year prior to the termination Previous of Next that position.

Subd. 5.Limitations.

With respect to each program established by the authority to provide financial assistance or financing for real property other than rental assistance programs, an employee or commissioner may not receive such financial assistance or financing more than once.

Subd. 6.Injunction.

The county attorney may seek an injunction in the district court to enforce the provisions Previous of this section.

Subd. 7.Exceptions.

The exceptions in section 471.88 apply to this section.

History:

1987 c 291 s 99; 2008 c 197 s 1