Minnesota Statutes 2002, Table of Chapters

Table of contents for Chapter 43A

43A.38 Code of ethics for employees in the executive

branch.

Subdivision 1. Definitions. For the purpose of this

section the following definitions shall apply:

(a) "Business" means any corporation, partnership,

proprietorship, firm, enterprise, franchise, association,

organization, self-employed individual or any other legal entity

which engages either in nonprofit or profit making activities.

(b) "Confidential information" means any information

obtained under government authority which has not become part of

the body of public information and which, if released

prematurely or in nonsummary form, may provide unfair economic

advantage or adversely affect the competitive position of an

individual or a business.

not limited to a financial interest, which pertains to a person

or business whereby the person or business would gain a benefit,

privilege, exemption or advantage from the action of a state

agency or employee that is not available to the general public.

Subd. 2. Acceptance of gifts; favors. Employees in

the executive branch in the course of or in relation to their

official duties shall not directly or indirectly receive or

agree to receive any payment of expense, compensation, gift,

reward, gratuity, favor, service or promise of future employment

or other future benefit from any source, except the state for

any activity related to the duties of the employee unless

otherwise provided by law. However, the acceptance of any of

the following shall not be a violation of this subdivision:

(a) Gifts of nominal value or gifts or textbooks which may

be accepted pursuant to section 15.43.

(b) Plaques or similar mementos recognizing individual

services in a field of specialty or to a charitable cause.

not to exceed actual expenses incurred, which are not reimbursed

by the state and which have been approved in advance by the

appointing authority as part of the work assignment.

(d) Honoraria or expenses paid for papers, talks,

demonstrations, or appearances made by employees on their own

time for which they are not compensated by the state.

(e) Tips received by employees engaged in food service and

room cleaning at restaurant and lodging facilities in Itasca

State Park.

Subd. 3. Use of confidential information. An

employee in the executive branch shall not use confidential

information to further the employee's private interest, and

shall not accept outside employment or involvement in a business

or activity that will require the employee to disclose or use

confidential information.

Subd. 4. Use of state property. (a) An employee

shall not use or allow the use of state time, supplies or

state-owned or leased property and equipment for the employee's

private interests or any other use not in the interest of the

state, except as provided by law.

(b) An employee may use state time, property, or equipment

to communicate electronically with other persons including, but

not limited to, elected officials, the employer, or an exclusive

bargaining representative under chapter 179A, provided this use,

including the value of the time spent, results in no incremental

cost to the state or results in an incremental cost that is so

small as to make accounting for it unreasonable or

administratively impracticable.

relations shall issue a statewide policy on the use of

electronic mail and other forms of electronic communications by

executive branch state employees. The policy is not subject to

the provisions of chapter 14 or 179A. Appointing authorities in

the legislative and judicial branches shall issue policies on

these issues for their employees. The policies shall permit

state employees to make reasonable use of state time, property,

and equipment for personal communications and shall address

issues of privacy, content of communications, and the definition

of reasonable use as well as other issues the commissioners and

appointing authorities identify as necessary and relevant.

Subd. 5. Conflicts of interest. The following

actions by an employee in the executive branch shall be deemed a

conflict of interest and subject to procedures regarding

resolution of the conflicts, section 43A.39 or disciplinary

action as appropriate:

(a) use or attempted use of the employee's official

position to secure benefits, privileges, exemptions or

advantages for the employee or the employee's immediate family

or an organization with which the employee is associated which

are different from those available to the general public;

(b) acceptance of other employment or contractual

relationship that will affect the employee's independence of

judgment in the exercise of official duties;

pending before the employing agency except in the proper

discharge of official duties or on the employee's behalf; or

(d) the solicitation of a financial agreement for the

employee or entity other than the state when the state is

currently engaged in the provision of the services which are the

subject of the agreement or where the state has expressed an

intention to engage in competition for the provision of the

services; unless the affected state agency waives this clause.

Subd. 6. Determination of conflicts of interest.

When an employee believes the potential for a conflict of

interest exists, it is the employee's duty to avoid the

situation. A conflict of interest shall be deemed to exist when

a review of the situation by the employee, the appointing

authority or the commissioner determines any one of the

following conditions to be present:

(a) the use for private gain or advantage of state time,

facilities, equipment or supplies or badge, uniform, prestige or

influence of state office or employment;

(b) receipt or acceptance by the employee of any money or

other thing of value from anyone other than the state for the

performance of an act which the employee would be required or

expected to perform in the regular course or hours of state

employment or as part of the duties as an employee;

or indirect control, inspection, review, audit or enforcement by

the employee;

(d) the performance of an act in other than the employee's

official capacity which may later be subject directly or

indirectly to the control, inspection, review, audit or

enforcement by the employee.

Subd. 7. Resolution of conflict of interest. If the

employee, appointing authority or commissioner determine that a

conflict of interest exists, the matter shall be assigned to

another employee who does not have a conflict of interest. If

it is not possible to assign the matter to an employee who does

not have a conflict of interest, interested persons shall be

notified of the conflict and the employee may proceed with the

assignment.

Subd. 8. Precedence of chapter 10A. Where specific

provisions of chapter 10A apply to employees and would conflict

with this section, the provisions of chapter 10A shall apply.

Subd. 9. Limits. This section shall not be

interpreted to apply to any activity which is protected by

sections 179A.01 to 179A.25 and collective bargaining agreements

and practices thereunder nor to prevent a current or former

employee from accepting employment with a labor or employee

organization representing employees.

HIST: 1981 c 210 s 38; 1982 c 560 s 35; 1984 c 462 s 27;

1Sp1985 c 17 s 9; 1987 c 128 s 1; 1997 c 202 art 2 s 34

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