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i. Use the City logos for personal or private benefit or modify the logos in any <br />way. <br />j. Hold incompatible offices. No elected person can be an employee of the City. <br />k. Use the person's elected or appointed position to impede the efficiency of the <br />body's decision -making. <br />1. Encourage or participate in a manner that erodes order and decorum at a <br />meeting. <br />in. Use cell phones or other telecommunication devises to communicate with others <br />during public meetings. <br />n. Represent a personal position as position of the city. Members shall represent <br />positions approved by the City Council to the best of their ability when working with, <br />other government entities or the media. If an individual Council Member's opinion <br />differs from the City position, or a matter agreed upon by the full Council, Members <br />shall explicitly state they do not represent their City Council or the City of Orono, nor <br />will they allow the inference that they do. <br />Except as prohibited by the provisions of Minn. Stat. § 471.87, there is no violation of subdivision <br />1 b. of this section for a matter that comes before the council, board, or commission if the member <br />of the council, board, or commission publicly discloses the circumstances that would violate these <br />standards and refrains from participating in the discussion and vote on the matter. Nothing herein <br />shall be construed to prohibit a contract with a member of the City Council under the <br />circumstances described under Minn. Stat. § 471.88, if proper statutory procedures are followed. <br />3. Complaint, hearing. Any council, commission or board member may file a written complaint <br />with the city administrator alleging a violation of the standards of conduct in section. The <br />complaint must contain supporting facts for the allegation. The City Council may hold a hearing <br />after receiving the written complaint or upon the council's own volition. A hearing must be held <br />only if the City Council determines: (1) upon advice of the city attorney, designee, or other <br />attorney appointed by the council, that the factual allegations state a sufficient claim of a violation <br />of these standards or rise to the level of a legally recognized conflict of interest, and (2) that the <br />complaint has been lodged in good faith and not for impermissible purposes such as delay. The <br />City Council's determination must be made within 30 days of the filing of the allegation with the <br />city administrator. 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. At the <br />hearing, the person accused must have the opportunity to be heard. If, after the hearing, the <br />council finds that a violation of a standard has occurred or does exist, the council may censure the <br />person, refer the matter for criminal prosecution, request an official not to participate in a decision, <br />or remove an appointed member of an advisory board or commission from office. <br />29 <br />