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Conflict of interest spurs resignation
Gary Olsen, a City of Ihlen council member for over 15 years, has resigned his seat on the council due to a conflict of interest.
“I didn’t want to get off by choice,” Olsen said Monday of his decision to resign. “But I didn’t have a choice in the matter.”
Olsen is the owner of Olsen Electric in Ihlen. The conflict of interest stems from the work he does on the Ihlen sewer pumps and water lines.
According to information from the League of Minnesota Cities, “a conflict of interest occurs when an individual has a personal interest in a decision about which he or she has the power to make. A prohibited personal interest may be contractual or non-contractual. It includes decisions in which personal involvement, gain or financial benefit exist for the decision-maker.”
“Over the past five or six years we have had about seven water leaks,” Olsen said. “Because of the amount of equipment I own for my business, I would do the repair work. I would go and dig up the line, fix it, and fill it back in and then bill the city. “
Olsen does these repairs not only because of his access to the necessary equipment but also because he lives in Ihlen and is able to perform the repairs in a timely manner, he said. But according to Minnesota Statute 471.87, public officers may not have a personal financial interest in a sale, lease or contract they are authorized to make in their official capacity. A “public officer” includes a mayor, a councilmember or an elected official.
Furthermore, the attorney general has advised that the conflict of interest law applies to any councilmember “who is authorized to take part in any manner” in the making of a contract. A.G. Op. 90-E-5 (Nov. 13, 1969).
State officials informed the city that Olsen could no longer do the work and also serve on the council. The notification came after an Ihlen resident contacted state officials about Olsen doing the work for the city.
The city is now in search of someone to serve the remainder of Olsen’s four-year term that expires in 2010.
The council must fill vacancies in elective offices and according to Minnesota Statute 412.02, subdivision 2a “State law provides that statutory city councils make the appointment to fill a vacancy, except in the case of a tie vote when the mayor makes the appointment.” This means that all members of the council, including the mayor can vote on the appointment. And as long as at least a quorum of the council is present, a majority vote of those present is sufficient to make the appointment.
“We put a note in all the water bills looking for someone to step forward to fill out the remainder of Gary’s term,” Ihlen Mayor Jeannie Swenson said. “We hope to be able to appoint someone and not have to have a special election.”
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