08.16.12 Correspondence Regarding Applicant ProcessChrissy Serres
From: Anne Norris
Sent: Thursday, August 16, 2012 8:31 AM
To: Chrissy Serres
Cc: Norton, Michael T.
Subject: Fw: Charter Commission Applicant and Applicant Process
Won't this be fun? We should talk today.
Sent from my Motorola Smartphone on the Now Network from Sprint!
-----Original message -----
From: "Norton, Michael T." <mnorton@Kennedy-Graven. com>
To: Anne Norris <Anne.Norris@crystalmn.gov>
Sent: Thu, Aug 16, 2012 08:18:02 CDT
Subject: RE: Charter Commission Applicant and Applicant Process
Anne,
It may be perceived that potentially voting on Section Councilmembers is a conflict. I
can't say now that it would be for a number of reasons, chiefly because in political
decisions such as is at issue, without some significant, direct financial interest from a
non -political source it is difficult to define a legal conflict of interest. In any event, that
issue is not resolved, there are other variables such as the election and what the
Charter Commission is actually going to do which need to be concluded. Finally,
depending on all the facts available at the time a vote might take place, typically
disclosing the potential conflict and abstaining from participating in the discussions/vote
is legally sufficient to address a possible conflict. As I indicated, not with standing an
actual potential conflict, the AG has determined that possibility is not a disqualifying
event for seeking public office.
In this case, it appears that the interview would not be appropriate for a number of
reasons. I would be concerned that council members would become embroiled in an
election issue while attempting to conduct public business and themselves potentially
be involved in a campaign violation. It also may be the case that if true, misrepresenting
one's status in election materials is a campaign practices violation. If the candidate is in
fact misrepresenting her status, then the Council should consider cancelling the
interview and directing staff to develop a carefully worded letter to the Chief Judge.
Michael T. Norton, Attorney
Kennedy & Graven, Chartered
200 South Sixth Street, Suite 470
Minneapolis, MN 55402
612-337-9242 (Direct) 612-875-9761 (Cell)
612-337-9310 (Fax)
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From: Anne Norris [mailto:Anne.Norris@crystalmn.gov]
Sent: Thursday, August 16, 2012 7:35 AM
To: Norton, Michael T.
Subject: Fw: Charter Commission Applicant and Applicant Process
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