HomeMy WebLinkAbout6643 - ADMIN Resolution - City Council - 1980/09/02RESOLUTION NO. 6643
RESOLUTION ESTABLISHING WORDING FOR PROPOSED
ETHICS CHARTER AMENDMENT
WHEREAS, a duly appointed Charter Commission for the City of St. Louis
Park has transmitted to the City Council the proposed addition of Chapter 12
of the Home Rule Charter; and
WHEREAS, the proposed amendment shall read in its entirety as follows:
Section 12.01. Declaration of Policy. The proper operation of
democratic government requires that public officials be independent,
impartial and responsible to the people; that governmental decisions and
policy be made in the proper channels of the governmental structure; that
public office not be used for personal gain; and that the public has con-
fidence in the integrity of its government. In recognition of these goals,
there is hereby established a Code of Ethics for all public officials, whether
elected or appointed. The purpose of this Code is to establish ethical
standards of conduct for all such officials by setting forth those acts or
actions that are incompatible with the best interests of the City and by
directing disclosure by such officials of private financial or other
interests in matters affecting'the city. The provisions and purpose of
this Code and such rules and regulations as may be established are hereby
declared to be in the best interests of the City of St. Louis -Park.
Section 12.02. Definitions. When used in this chapter, the
following terms shall have ascribed to them the definitions set out herein:
(1) "Associate" means any person related to a public official
by blood or marriage.
(2) "Candidate" means any individual who seeks nomination or
election as a public official of the City of St. Louis Park.
An individual shall be deemed to seek nomination or election
if he has taken the action necessary under the ordinances of
the City of St. Louis Park to qualify himself for nomination
or election to an office, or has received contributions or
made expenditures in excess of $100, or has given his consent,
implicit or explicit, for any other person to receive contri-
butions or make expenditures in excess of $100 with a view
to bringing about his nomination for election or election to
an office.
(3) "Contribution" means a transfer of funds or a donation in
kind. Contribution includes any loan or advance of credit
to a candidate, personal campaign committee, political
committee or party committee, which loan or advance of credit
is (a) forgiven or (b) paid by an entity other than the
personal campaign committee, political committee, or party
committee to which the loan or advance of credit is made.
If an advance of credit or a loan is forgiven or paid as
provided in this subdivision, it is a contribution in the
year in which the loan or advance of credit is made.
(a) "Transfer of funds" means money or negotiable
instruments given by an individual or entity to a
candidate, personal campaign committee, party
committee, or political committee for the purpose
of influencing the nomination or election of a
candidate.
(b) "Donation in kind" means anything of value other than
money or negotiable instruments given by an individual
or association to a candidate, personal campaign
committee, political committee or party committee for
the purpose of influencing the nomination or election
of a candidate. Donation in kind includes an approved
expenditure.
(c) "Approved expenditure" means an expenditure made on
behalf of a candidate by an entity other than the
personal campaign committee of that candidate, which
expenditure is made with the authorization or express
or implied consent of, or in cooperation or in concert
with, or at the request or suggestion of that candi-
date, his personal campaign committee or his agent.
An approved expenditure is a contribution to that
candidate.
(4) "Expenditure" means a purchase or payment of money or any-
thing of value, or an advance of credit, made or incurred
for the purpose of supporting or opposing the nomination or
election of a candidate.
An expenditure is considered to be made in the year
in which the goods or services for which it was made are
used or consumed.
Expenditure includes the dollar value of a donation
in kind.
Expenditure does not include:
(a) Transfers of funds as defined in section 12.02(3)(a);
(b) Services provided without compensation by an individ-
ual volunteering his time on behalf of a candidate; or
(c) The publishing or broadcasting of news items or
editorial comments by the news media.
(5) "Election" means a primary, special primary, regular or
special City election.
(6) "Interest" means any concern which yields a pecuniary or
material benefit.
(7) "Personal campaign committee" means any committee appointed
by a candidate for any election.
(3) Every political committee shall, within 30 days after any
municipal election, file with the City Clerk a statement
showing the total amount of receipts and disbursements,
and for what purpose such disbursements were made when the
political committee is organized to support a candidate for
elected office in the City or to support or oppose proposi-
tions in City elections.
(4) The reports required by Section 12.06(1) and (2) shall
disclose the following:
(a) Every sum of money and all property, and every other
thing of value, received by such candidate or committee
during such period from any source whatsoever which he
or it uses or has used, or is at liberty to use for
political purposes, together with the name of every
person or source from which each was received and the
date when each was received, together with the total
amount received from all sources in any amount or
manner;
(b) Every promise or pledge of money, property, or other
thing of value, received by such candidate or committee
during such period, the proceeds of which he uses or
has used, or is at liberty to use for political purposes,
together with the names of the persons by whom each was
promised or pledged, the special purposes for which each
was promised or pledged, and the date when each was so
promised or pledged, together with the total amount
promised or pledged from all sources in any amounts or
manner;
(c) Every disbursement by such candidate or committee for
political purposes during such period, together with
the name of every person to whom the disbursement is
made, the specific purpose for which each was made, and
the date when each was made, together with the total
amount promised or pledged from all sources in any
amounts or manner;
(d) Every obligation, expressed or implied, to make any
disbursement incurred by such candidate or committee
for political purposes during such period, together
with the names of the person or persons to or with whom
each such obligation has been incurred, the specific
purposes for which each was made, and the date when
each was incurred, together with the total amount of
such obligations made in any amounts or manner.
(8) "Party committee" means any committee appointed or elected to
represent any political party with a party organization in
the State of Minnesota.
(9) "Political committee" means a group of two or more persons who
were elected or appointed by any politiacl party or association
for the purpose, wholly or partly, of raising, collecting, or
disbursing money or directing the raising, collection or
disbursing thereof, for nomination or election purposes, or
who cooperates in the raising, collecting or disbursing of
money used, or to be used for or against the election to public
office of any person or any class or number of persons, or for
or against the adoption of any ordinance or charter amendment.
(10) "Public official" means any person holding the office of mayor
or council person by election or by appointment.
Section 12.03. Organization of Personal Campaign Committees. Every
candidate shall designate a single personal campaign committee, which shall
have a secretary. The candidate shall file a statement signed by him with
the City Clerk stating that a personal campaign committee has been formed and
giving the name and address of every member and of the secretary thereof.
Such filing shall be made before any expenditures are made by the personal
campaign committee. Only the candidate and the personal campaign committee
shall receive contributions and make expenditures on behalf of the candidate;
provided, however, that party committees and political committees shall not
be prohibited from receiving contributions and making expenditures related to
nominations or elections.
Section 12.04. Contributions.
(1) No candidate or personal campaign committee shall accept an
aggregate contribution from any single person, or entity in
excess of $250.
(2) Every person who receives a contribution or loan for a personal
campaign committee shall, on demand of the secretary, and in
any event, within 14 days after receipt of the contribution or
loan, furnish the secretary with the name and, if known, address
of the contributor or lender, the amount contributed or loaned,
and the date of receipt.
(3) No anonymous contributions in excess of $20.00 or any anonymous
contributions aggregating in excess of $100 shall be retained
by any personal campaign committee, but shall be forwarded to
the City Clerk and deposited to the general fund of the City.
This subdivision shall not apply to anonymous contributions
aggregating in excess of $100 arising from fund raising sales,
where in consideration of a contribution or contributions, a
person receives any tangible goods whose value has a reason-
able,relationship to the contribution.
(4) All contributions of $50 or more shall be made by check,
bank draft or money order.
(5) All monetary contributions received .by or on behalf of any
candidate or personal campaign committee shall be deposited
within 14 days after receipt in an account designated "cam-
paign fund of (name of personal campaign committee)."
Section 12.05 Use of Contributions. All contributions received
on behalf'of a candidate or personal campaign,committee shall be used solely
for the purpose of conducting that candidate's campaign for nomination for
election or election to political office.
_Section 12.06. Campaign Reports.
(1) Every candidate and the secretary of every personal campaign
committee in every primary, special or regular election shall
file a financial statement with the. City Clerk as follows:
(a) Seven days before the primary:
(b) Seven days after the primary:
(c) Seven days before the regular or special elections; and
(d) Seven days after the regular or special election.
The statement shall be verified upon the oath of such candidate
or such personal campaign committee, as the case may be, and
shall cover all transactions. made up to and including the third
day before the filing of the statement and not accounted for
and reported upon in statements theretofore filed, except that
no transactions shall be made thereafter which are not included
in the final statement. Each statement, after the first, shall
contain.a summary of all preceding statements.
(2) Every secretary of every party committee shall eight days before
the primary, on or before the tenth day following the primary,
eight days before the general election, and on or before the
tenth .day following the general election, file with -the City
Clerk.a financial statement verified by the secretary of the
party committee, which shall show in itemized detail all trans-
actions, disbursements, -and all obligations to make disburse-
ments, for political -purposes. Each statement, after the first,
shall contain a summary of all preceding statements.
Section 12.07. Records.
(1) The candidate or the secretary of each personal campaign
committee, party committee or political committee shall
preserve all records and accounts required for the reports
required in Section 12.06 for one year after the date of the
election.
(2) The City Clerk shall keep all reports filed as required by
Section 12.06 for one year after the date of the election.
Reports shall be available to the public at a reasonable
time and place.
Section 12.08. Notice of Failure to File. The City Clerk shall
receive all reports filed as required by Section 12.06 and notify the
person required to file a report that such person has failed to file a
document required by this ordinance.
Section 12.09. Termination Report. No personal campaign
committee, party committee or political committee shall dissolve until
it has filed a termination report. The termination report shall include
all information required in periodic reports and a statement as to the
disposition of any residual funds.
Section 12.10. Distribution. The City Clerk shall distribute a
copy of Section 12.02 through 12.11 to every candidate for public office
upon the candidate's filing for office.
Section 12.11. Penalty. Any candidate, personal campaign
committee, party committee or political committee found to be in viola-
tion of Sections 12.02 through 12.09 shall be liable to a fine or not
more than $500.
Section 12.12. Filing of Information. Each public official and
each candidate must file as public record, in the office of the City Clerk,
a statement containing the following:
(1) Individual's name, address, occupation and principal place
of business.
(2) A listing of all sources of compensation received for services
rendered in excess of $1,000 per year, without specifying
amount.
1
(3) A list of the names of all business corporations, companies,
firms or other business enterprises or partnerships with which
the individual is connected as an employee, officer, owner,
director, trustee, partner, advisor or consultant.
(4) A list of financial interests through ownership of stocks,
bonds, or other securities with value in excess of $1,500
without specifying dollar amount.
(5) A list of -all real property located within the City of St.
Louis Park excluding personal homestead property, in which
the individual has any financial interest in excess of
$1,500. The filing shall indicate the location of such
property, but may omit any valuation.
Section 12.13., Family Interests. If the spouse and/or minor
children of a public official or candidate hold an interest which if held
by the official or candidate would -have to be disclosed under the provi-
sions of Section_12.12-such interest of the spouse and/or minor children
must be included in the statement filed according to Section 12.12.
Section 12.14. Exclusions. Section 12.12 shall not be construed
to require:
(1) Filing of any information relative to connections or interests
with 'any -nonprofit organization.
(2) Disclosure of privileged relationships, as recognized by law
(e.g., doctor -patient, -attorney-client, pastor -parishioner,
etc.) .
Section 12.15. Time of Required Filing. The times at which
required personal financial disclosure filings must be made are as follows:
(1) Public officials - not later than 60 days after the date of
this ordinance, and every April 15 thereafter.
(2) Candidates - within 14 days -after filing an affidavit of
candidacy or -petition -to appear on -the ballot for an elective
office.
Section 12.16. Records. The City Clerk shall keep all reports
filed as required by Sections 12.12 through 12.15 for four (4) years.
Section 12.17. Penalty. Any candidates or public officials who
fail to file all the necessary documents with the City Clerk within thirty
(30) days after notice from the City Clerk that they are delinquent in
their filings, shall be liable to a fine of not more than $500.
Section 12.18. Personal Financial Conflicts of Public Officials.
(1) Contracts void. Any public official who is authorized to
take part in any manner in making any sale, lease, or
contract in his official capacity shall have no personal
financial interest in that sale, lease, or contract or
personally benefit financially therefrom unless the effect
on his personal financial interest is no greater than on
any other persons and/or property similarly situated. Any
sale, lease, or contract entered into by the City with
regard to which a public official has acted in violation
of this section is void; provided, however, that any sale,
lease, or contract permitted under Minnesota Statutes
Section 471.88 is voidable. Any money which was paid by the
Council in violation of this paragraph may be recovered from
any and all persons interested therein.
(2) Noncontractual transactions voidable. Any public official
who in the discharge of his duties would be authorized to
take an -action, vote, or make.a decision concerning a non -
contractual transaction of the City,whichr'would affect his
interests, unless the effect on his interests is no greater
than on other persons and/or property similarly situated,
shall disqualify himself from such action, vote, or deci-
sion. Any transaction entered into by the City with regard
to which a public official has acted in violation of this
paragraph is voidable at the option of the Council. Any
money which was paid by the Council in violation of this
paragraph may be recovered from any and all persons inter-
ested therein.
Section 12.19. Financial Conflicts of Associates of Public Officials;
Contracts and Transactions Voidable. Any public official who in the
discharge of his duties would be authorized to take an action, vote, or
make a decision concerning a contractual or noncontractual transaction which
would affect the interests of his associates, unless the effect on the
interests of his associates is no greater than on other persons and/or
property similarly situated, shall disqualify himself from such action,
vote, or decision.
Any contract or transaction entered into by the City with regard to
which a public official has acted in violation of this section is voidable
at the option of the Council. Any money which was paid by the Council in
violation of this section may be recovered from any and all persons inter-
ested therein.
Section 12.20. Gifts and -Favors. No public official shall accept
any valuable gift, whether in the,form of money, service, loan, thing, or
promise, from any person, firm, or corporation which to his knowledge is
concerned, directly or indirectly, in any manner whatsoever in business
dealings with the City; nor shall any public official (1) accept any gift,
favor or thing of value that may tend to influence him in the discharge of
his 'duties or (2)=grant in .the discharge of his duties any improper favor,
service or thing of value, or accept an offer which would not have been
given if he were not an official; or (3) accept or receive anything of
value through sale of gift of goods or services which would result directly
or indirectly from his position as an public official of the City of St.
Louis -Park.,
Section 12.21. Use of City Equipment and Facilities. No public
official shall request or permit the unauthorized use of City owned vehicles,
equipment, materials, property, labor or services for personal convenience
or profit.
Section 12.22. Distribution. The City Clerk shall distribute a
copy of this Chapter to every public official within 30 days after enact-
ment of these Sections. The City Clerk shall also -distribute -a copy of
this Chapter to every subsequently,elected-or appointed public official
within 14 days of_the public official's election or appointment to public
office, and every candidate for City office ,upon_the,candidate's filing
for office.
BE IT RESOLVED by the City Council of St. Louis Park, -Minnesota:
1) Pursuant to Minnesota Statutes, Section 410.12, Subdivision 4, at the
general election held in the usual polling places in the City on the
fourth day of November, 1980, from 7 a.m. to 8 p.m., the following
prqposition shall be posed:
"Shall the City Charter be amended to include a chapter that
will define conflict of interest, require financial disclosure
and regulate campaign contributions of candidates for and
those elected as City "Councilpersons and Mayor?"
Yes
Ej No
2) The City Clerk shall prepare the necessary ballots and other
election supplies, give proper notice and arrange other details
necessary for the election.
Adopted by the City Council September 2, 1980
Attest:
2%.,P r X71-14•(-441-111 Jit Clerk
y
Reviewed for administration:
(-' .S•
ity Manager
_N,,,,
Phyllis'JMcQuaid, Mayor
Approved as to form and legality: