2023-06-01 - Laserfiche WebLink

4 council, commission, or other body, must disclose the fact to the body of which that person is a member, and may not participate in or vote on that particular matter without the consent of a majority of the rest of the body. The Section 44-04-22 test requires a multi-step analysis. In this case, Mr. Fredricks concluded Manager Miller does, in fact, have a direct and substantial personal interest in the matter that creates a technical conflict. Manager Melvin moved to conclude that Manager Miller has a conflict and should not participate in any votes regarding this Complaint. Chairman Olson seconded the motion. Upon roll call vote, Chairman Olson and Manager Melvin voted in favor of the motion. Manager Miller abstained. The motion carried. There is an additional conflict statute specific to water resource districts, Section 61-16- 08.1 of the Century Code, that provides the County Commission with discretionary authority to appoint alternate water managers if a full-time member has a conflict. However, that statute was effectively superseded by Section 44-04-22 when the Legislature adopted Section 44-04-22 in 1995 (Section 61-16-08.1 went into effect in 1985). Section 61-16-08.1 does not provide a definition for what qualifies as a “conflict of interest” and does not provide a mandatory process; rather, the legislative history of Section 61-16-08.1 indicates the Legislature approved that statute to provide a process for water managers to avoid situations where they are not comfortable voting on a matter and is not a mandatory process. Conversely, the process under Section 44-04-22 is mandatory for conflict situations, provides a detailed test for determining if a conflict exists, and provides a detailed process for a Board to proceed even if a conflict does exist. The Legislature enacted Section 44-04-22 after passing the vague and optional Section 61-16-08.1 and, therefore, the process under Section 44-04-22 controls all conflict matters. With the conflict matter concluded, the Board proceeded with discussion of the Complaint. Manager Melvin moved to direct Moore Engineering, Inc. to investigate the matter. Chairman Olson seconded the motion. Upon roll call vote, the motion carried unanimously. Notifications to Install Subsurface Water Management Systems The Board received and filed Notifications to Install Subsurface Water Management Systems from the following parties at the following locations: • Aim Ag Drainage o SW 1/4 of Section 16 in Tower Township o NE 1/4 of Section 36 in Howes Township o SW 1/4 of Section 18 in Walburg Township o SW 1/4 of Section 9 in Gill Township • Ellingson Companies o SW 1/4 of Section 7 in Tower Township