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MINNESOTA MAYORS HANDBOOK <br />75 <br />would violate these standards and refrains from participating in the discussion and vote on the <br />matter. Nothing herein shall be construed to prohibit a contract with a member of the City <br />Council under the circumstances described under Minn. Stat. § 471.88, if proper statutory <br />procedures are followed. <br /> <br />___.03. Complaint, hearing. <br />Any person may file a written complaint with the city clerk alleging a violation of the standards <br />of conduct in section .02. The complaint must contain supporting facts for the allegation. <br /> <br />The City Council may hold a hearing after receiving the written complaint or upon the council’s <br />own volition. A hearing must be held only if the City Council determines: <br />1) upon advice of the city attorney, designee, or other attorney appointed by the council, that <br />the factual allegations state a sufficient claim of a violation of these standards or rise to <br />the level of a legally recognized conflict of interest, and <br />2) that the complaint has been lodged in good faith and not for impermissible purposes such <br />as delay. <br />The City Council’s determination must be made within 30 days of the filing of the allegation <br />with the city clerk. If the council determines that there is an adequate justification for holding a <br />hearing, the hearing must be held within 30 days of the City Council’s determination. <br /> <br />At the hearing, the person accused must have the opportunity to be heard. If, after the hearing, <br />the council finds that a violation of a standard has occurred or does exist, the council may <br />censure the person, refer the matter for criminal prosecution, request an official not to participate <br />in a decision, or remove an appointed member of an advisory board or commission from office. <br /> <br /> <br />42