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7A - Ethics Policy
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02-18-2010 Planning Commission Meeting
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7A - Ethics Policy
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Background: The Planning Commission asked Staff to provide information to develop a <br /> �... policy regarding ethics when dealing with applicants, developers or those opposing an <br /> application prior to a Planning Commission meeting. The League of Minnesota Cities has a <br /> Template Code of Conduct and Model Statement of Values available on line. After <br /> reviewing them, Staff felt they did not represent the wishes of the Planning Commission. If <br /> any Planning Commission Member would like a copy of these Staff will provide them. <br /> Staff contacted the Community Growth Institute and their comments and suggestions were to <br /> keep something like an ethics policy simple. Staff there has attended APA trainings where <br /> this was discussed and suggestions were to tell people that would call a Planning <br /> Commission member or try to visit with them that they have a duty to ensure that all <br /> Planning Commission members have the benefit of hearing the same things. Some things the <br /> commissioners could do would be to politely request the person submit their comments in <br /> writing or in person at the public hearing. This would give the commissioners a "cover" of a <br /> City policy to blame it on. They also indicated that the City would have the freedom to set <br /> something like this up however they want and perhaps the simplest way would be to let the <br /> person know that they will listen to the comments but they are obligated to share those same <br /> comments with the rest of the commission at the hearing and note who they came from. They <br /> also suggested that the City Attorney should give a review or some advice of the policy <br /> should it be made as it does pertain to legal issues. <br /> Staff has also contacted The League of Minnesota Cities and they have indicated that it <br /> would be difficult to craft a policy that significantly limited people's ability to contact <br /> members of the public body. The League indicated that the City has the right to adopt a <br /> policy of this sort but they should work closely with the City Attorney. The League offered <br /> the fowling information regarding the Minnesota Government Data Practices Act(MGDPA): <br /> Minnesota Statute 13.601 (part of the MGDPA): <br /> Subd. 3.Applicants for appointment. (a) Data about applicants for appointment to a public <br /> body collected by a government entity as a result of the applicant's application for <br /> appointment to the public body are private data on individuals except that the following are <br /> public: <br /> (1) name; <br /> (2) city of residence, except when the appointment has a residency <br /> requirement that requires the entire address to be public; <br /> (3) education and training; <br /> (4) employment history; <br /> (5) volunteer work; <br /> (6) awards and honors; <br /> (7) prior government service; and <br /> (8) any data required to be provided or that is voluntarily provided in an <br /> application for appointment to a multimember agency pursuant to section <br /> 15.0597. <br /> (b) Once an individual is appointed to a public body, the following additional <br /> items of data are public: <br /> (1) residential address; and <br /> (2) either a telephone number or electronic mail address where the appointee <br /> can be reached, or both at the request of the appointee. <br />
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