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Planning Commission Appointment Question Page 1 of 1 <br />Sandy Peine <br />�- From: Paul Sandelin [psandelin @sandelinlaw.com] <br />Sent: Tuesday, March 02, 2010 4:04 PM <br />To: Sandy Peine <br />Subject: Planning Commission Appointment Question <br />Sandy: I reviewed the Board and Commission Appointment Policy as well as the City Code sections that <br />address appointments to the planning commission (17 -11.5 and 3 -7.1). All of those authorities indicate <br />that the mayor makes the appointment subject to approval by the city council. There is no specific <br />prohibition of the mayor making an appointment of a spouse or family member. The conflict of interest <br />rules focus mainly upon financial interests and contracts that may create a conflict of interest. There rules <br />are far less clear when the issue does not involve a contract or a financial interest, like an appointment of <br />a commission member that is a spouse, relative or close friend. I think this becomes a question of what <br />the council and mayor are comfortable with in terms of the appearance of a conflict of interest. Even <br />though technically it may not fall within a prohibited conflict of interest perhaps the approach would be for <br />the acting mayor to make the appointment and have the mayor abstain and not vote. That would <br />eliminate any question about a conflict of interest or appearance of a conflict. <br />Paul Sandelin <br />SANDELIN LAW OFFICE <br />30849 First Street P.O. Box 298 <br />Pequot Lakes, MN 56472 <br />Phone: 218 - 568 -8481 <br />Fax: 218- 568 -8444 <br />psandelin(ccilsandelinlaw.com <br />`-- This communication (including attachments) is covered by the Electronic Communications Privacy Act, 18 <br />U.S.C. 2510 -2521. This communication is confidential and may be legally privileged. If you are not the <br />intended recipient, you are hereby notified that any retention, dissemination, distribution or copying of this <br />information is prohibited. If you have received this communication in error, please notify me by telephone <br />immediately and destroy the information. Thank you. <br />L <br />3/2/2010 <br />