Subdivision 1. Disclosure of potential conflicts. (a) A public official or a local official elected to or appointed by a metropolitan governmental unit who in the discharge of official duties would be required to take an action or make a decision that would substantially affect the official's financial interests or those of an associated business, unless the effect on the official is no greater than on other members of the official's business classification, profession, or occupation, must take the following actions:
(1) prepare a written statement describing the matter requiring action or decision and the nature of the potential conflict of interest;
(2) deliver copies of the statement to the official's immediate superior, if any; and
(3) if a member of the legislature or of the governing body of a metropolitan governmental unit, deliver a copy of the statement to the presiding officer of the body of service.
If a potential conflict of interest presents itself and there is insufficient time to comply with clauses (1) to (3), the public or local official must orally inform the superior or the official body of service or committee of the body of the potential conflict.
(b) For purposes of this section, "financial interest" means any ownership or control in an asset that has the potential to produce a monetary return.
Subd. 2. Required actions. (a) If the official is not a member of the legislature or of the governing body of a metropolitan governmental unit, the superior must assign the matter, if possible, to another employee who does not have a potential conflict of interest.
(b) If there is no immediate superior, the official must abstain, if possible, by assigning the matter to a subordinate for disposition or requesting the appointing authority to designate another to determine the matter. The official shall not chair a meeting, participate in any vote, or offer any motion or discussion on the matter giving rise to the potential conflict of interest.
(c) If the official is a member of the legislature, the house of service may, at the member's request, excuse the member from taking part in the action or decision in question.
(d) If an official is not permitted or is otherwise unable to abstain from action in connection with the matter, the official must file a statement describing the potential conflict and the action taken. A public official must file the statement with the board and a local official must file the statement with the governing body of the official's political subdivision. The statement must be filed within a week of the action taken.
Subd. 3. Interest in contract; local officials. This section does not apply to a local official with respect to a matter governed by sections 471.87 and 471.88.
Subd. 4. Exception; judges. Notwithstanding subdivisions 1 and 2, a public official who is a district court judge, an appeals court judge, or a supreme court justice is not required to comply with the provisions of this section.
1974 c 470 s 7; 1975 c 271 s 6; 1978 c 463 s 33; 1986 c 444; 1990 c 608 art 2 s 1; 1999 c 220 s 50; 2013 c 138 art 2 s 2; 2018 c 119 s 11,12
Structure Minnesota Statutes
Chapters 10 - 12B — Government Miscellany
Chapter 10A — Campaign Finance And Public Disclosure
Section 10A.02 — Campaign Finance And Public Disclosure Board.
Section 10A.022 — Violations And Enforcement.
Section 10A.025 — Filing Requirements.
Section 10A.027 — Information On Website.
Section 10A.03 — Lobbyist Registration.
Section 10A.04 — Lobbyist Reports.
Section 10A.05 — Lobbyist Report.
Section 10A.06 — Contingent Fees Prohibited.
Section 10A.07 — Conflicts Of Interest.
Section 10A.071 — Certain Gifts By Lobbyists And Principals Prohibited.
Section 10A.08 — Representation Disclosure.
Section 10A.09 — Statements Of Economic Interest.
Section 10A.105 — Principal Campaign Committee.
Section 10A.11 — Organization Of Committees And Party Units.
Section 10A.12 — Political Funds.
Section 10A.121 — Independent Expenditure And Ballot Question Political Committees And Funds.
Section 10A.13 — Accounts That Must Be Kept.
Section 10A.14 — Registration.
Section 10A.15 — Contributions.
Section 10A.155 — Reimbursement Of Automobile Use.
Section 10A.16 — Earmarking Contributions Prohibited.
Section 10A.17 — Expenditures.
Section 10A.173 — Noncampaign Disbursements.
Section 10A.175 — Coordinated And Noncoordinated Expenditures; Definitions.
Section 10A.176 — Coordinated Expenditures.
Section 10A.177 — Noncoordinated Expenditures.
Section 10A.179 — Expenditures And Noncampaign Disbursements; General Provisions.
Section 10A.18 — Time For Rendering Bills, Charges, Or Claims; Penalty.
Section 10A.20 — Campaign Reports.
Section 10A.241 — Transfer Of Debts.
Section 10A.243 — Termination Of Registration.
Section 10A.244 — Voluntary Inactive Status; Political Funds.
Section 10A.245 — Administrative Termination Of Inactive Committees And Funds.
Section 10A.246 — Unpaid Debt Upon Termination.
Section 10A.25 — Spending Limits.
Section 10A.255 — Adjustment By Consumer Price Index.
Section 10A.257 — Carryforward.
Section 10A.27 — Contribution Limits.
Section 10A.271 — Sale Of Goods And Services For Fundraising Purposes.
Section 10A.273 — Contributions And Solicitations During Legislative Session.
Section 10A.275 — Multicandidate Political Party Expenditures.
Section 10A.28 — Penalty For Exceeding Limits.
Section 10A.29 — Circumvention Prohibited.
Section 10A.30 — State Elections Campaign Account.
Section 10A.31 — Designation Of Income Tax Payments.
Section 10A.315 — Special Election Subsidy.
Section 10A.321 — Estimates Of Minimum Amounts To Be Received.
Section 10A.322 — Spending Limit Agreements.
Section 10A.323 — Affidavit Of Contributions.
Section 10A.324 — Return Of Public Subsidy.
Section 10A.35 — Commercial Use Of Information Prohibited.
Section 10A.36 — Reprisals Prohibited; Penalty.