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LMCD nOARI) OF DIRRCTORS AuKuat 26, <br />Muir said financiai gain, wtiutiicr $1 or $M)o. is a relative <br />thing. Murr asked the executive director for his comments. The <br />executive director said the policy was arrived at after a fairlv <br />long discussion with several community leaders and members of the <br />Board. He does not believe he should comment on the fH)licy or <br />this discussion as he is not a Board member. He did state he was <br />enlightened by what he has heard from the attorney so far. <br />Cochran referred to the last pajagraph of the Policy which <br />refers to the National League of Cities Standards of Conduct ft <br />Guidelines for Government Decision Makers. This fits in with <br />dealing with the perception of conflict. <br />LeFcvere added that no one can control the perception of a <br />conflict in the mind of the public and press. Lelevere suggested <br />assuming a case that is not a legal violation of the I.MCD policy. <br />If it is not a legal conflict of interest the Board does not have <br />the authority to refuse to allow someone to partici|)ate in the <br />discussion. The Board does not have the authoritv to sav people <br />cannot vote. It is not a legal conflict of interest just because <br />the Board believes it is not ethical or believes it may not be <br />proper. The Boattl canrjot decline to count the v»»tes. The Boaid <br />could censure the meunber or adopt a Resolution of Findings that <br />the policy was violated. Those aie things that woul<l he within <br />the authority of the Board. <br />Penn said the Board fieeds tt> lt>ok .at the conflict o( inter­ <br />est policy as it applies to a case. He i>eisonally looks at it as <br />It applies to the Wavzata Yacht Glub. He has knowledge that <br />members of the LNB'D Boord of Directors belong to the Wayzata <br />Yacht Club. He dt)t*s not know if they peisonallv gain financial­ <br />ly. However, if the public perceives that the Board has not acted <br />in the public interest, then the perception of a conflict of <br />interest exists. He docs have questions about the I.MCD Conflict <br />of Interest Policy Statement. Even though someone does not fiiin <br />personally by voting, it is necessary for each meml»er to ask <br />him/herself if the public p«f ion is harmed if hc/she votes on <br />that issue. He woulti hope each memfier of t fie Bi>ard woulil person­ <br />ally ref lain from voting if there is a public neiccplion of <br />conflict even though there is no legal violation. <br />Babcock said rattier than let the public drive the IMCD <br />policy, the Board shoulil educate the miblic of press th.it i«s| <br />being a laciuber of #i yacht clul> should noi pi«'bil»it votine. .im«I mi <br />doing th.ii the f’ublic |»erception would chniit'e. Penn leBpoiided <br />that whether legal or not. the perception is iwpuilaiit to the <br />community. <br />Markus texak escept i»»n to Bahttick’s stiilemviH. He said It <br />appears to h iis the Board would be educatine the public rather <br />than nanaiine the lake. He tt»e«l the V.sviata Tachl flub proposal <br />at .in example of a pusaiblc benefit »c I he ormbrrs hAs««l «*n a <br />fininiiai benefit I»» the flub through the Lake Minnetonka S.siling <br />iciHMal. AS well as a future increase in the au»h«r of promi on <br />Way/AtA Bav. <br />Blocun olfiected to eatendine the discuaalon to aiNtcliice.