Policy: Code of Conduct
Page 1 of 8
Effective Date: 8/20/2015
General
As a League employee, you represent the League, both internally with co-workers
and externally with members, contractors, business associates, affiliates,
legislators and others. As a representative of the League, you are expected to act
professionally, honestly, ethically, courteously and with integrity in all business
transactions and interpersonal interactions while at work or while acting on
behalf of or representing the League. Any employee who violates any provision of
the Code of Conduct policy is subject to remedial or disciplinary action, which
may include termination of employment.
Ethical Conduct
and Conflict of
Interest
You may not solicit or accept a gift from any person, corporation or entity that
has, or is seeking to obtain, a contractual or business relationship with the
League. A “gift” includes money, real or personal property, meals, a service, a
loan, forbearance or forgiveness of indebtedness or a promise of future
employment. You may accept the following items, which are exceptions to this
prohibition:







Food and refreshments at a reception, meal or meeting given by an
organization before whom you appear to make a speech or answer
questions as part of a program or when you have been invited to attend
to represent the League. As a general rule, League employees cannot
accept lunches or dinners paid for by League vendors unless it is part of a
scheduled meeting or training which covers a significant portion of the
work day – e.g., two or more hours.
Unsolicited advertising or promotional material, trinkets and mementos
of less than $5 in value such as pens, pencils, notepads, and calendars.
You may accept professional services that assist you in the performance
of your job duties: advice, consultation, information and communication
in connection with services to member cities, etc.
Services of insignificant monetary value;
A plaque or similar memento recognizing your services in a field of
specialty or to a charitable cause;
Informational material of unexceptional value;
Any gift given because of your membership in a group, a majority of
whose members are not local officials, and when an equivalent gift is
given or offered to the other members of the group;
League of Minnesota Cities Employee Handbook
Code of Conduct
Page 1


Any gift given by a family member, even if the family member has a
contractual, financial or other business relationship with the League,
unless the gift is given on behalf of an individual or organization that has
or is seeking to obtain, a contractual, business, or other financial
relationship with the League; or
A gift of food or refreshment at a conference sponsored by a national or
multistate organization of governmental entities or public officials, if a
majority of the dues to the organization are paid from public funds, if an
equivalent gift is given or offered to all other attendees
You must avoid taking any action that would result in or create the appearance
of:




Using your League position for private gain
Impeding League efficiency or economy for your private gain or on behalf
of another organization or entity
Losing independence or impartiality of business decisions and actions
Making a decision outside official channels
League employees shall not:




Reporting Illegal
and Improper
Activities
Establish personal financial interests, directly or indirectly, that conflict or
appear to conflict with League duties and responsibilities;
Engage in personal financial transactions as a result of relying on
information obtained through League employment; or
Use League property for personal financial gain, except as part of a
League sponsored event or as permitted by other League policy.
Use League property to advance political, social or religious causes.
League employees are allowed to use the League’s “Solicitations” e-mail
distribution list under the conditions listed in the Computer Use policy.
If you suspect a violation of any law or of this policy, you should report the
violation to your immediate supervisor. If your supervisor is the suspected
violator, then you should report the violation or suspected violation to the
Executive Director or the General Counsel.
You may speak directly to any Officer of the LMC Board of Directors (President,
First Vice President, Second Vice President) about a suspected violation of the law
or this policy if you:
Code of Conduct
Page 2



Have reported fraud or illegal activity within the League to members of
management and believe management did not respond appropriately;
Have reason to believe that fraud or illegal activity is occurring within the
ranks of top management; or
Believe you have been discriminated against or retaliated against because
of participating in an investigation or reporting an illegal act.
Any League Officer (or other board member) approached by an employee about a
complaint is responsible for notifying the members of the Board’s Executive
Committee of the complaint prior to attempting to resolve it.
The League will not discharge, discipline, threaten or otherwise discriminate
against or penalize you for:



Confidentiality
Reporting a violation or suspected violation of any law or this policy in
good faith;
Participating in an investigation, hearing or inquiry at the request of the
League’s Executive Director, HR Director or General Counsel or other
public agency; or
Refusing an order to perform an action that you have an objective basis in
fact to believe violates any law or this policy, and you inform a supervisor
or member of management that the order is being refused for that
reason.
In the course of conducting League business, you may have access to personal,
private or confidential information, including information about League
employees, member city officials and others. The access, use, distribution,
copying or transfer of this information in any form by employees for purposes
other than that required of their respective jobs is strictly prohibited.
Data obtained by the League (regardless of the format) should not be accessed or
distributed for non-work related reasons. In addition, non-public information
should not be released without approval from your supervisor, HR Manager, or
General Counsel except as required in official job duties and guided by the
League’s Data Practices Policy. No employee information may be released
without approval from Human Resources.
If there is any question as to what is appropriate information to access, use,
distribute, copy or transfer, consult your supervisor. If you violate this policy, you
may be subject to discipline, which may include termination.
Code of Conduct
Page 3
If your job duties involve the potential to access private or confidential
information, you may be asked to sign a Confidentiality Agreement.
Teamwork,
Customer
Service and
Professionalism
Every League employee is part of a team working together to provide excellent
service to our members. You are expected to assist in this team effort by doing
your job efficiently and conscientiously. You are expected to assist others, in their
own or other departments, when requested and when your workload permits.
You are expected to treat co-workers, member city officials, and anyone else with
whom the League conducts business with professionalism, respect and courtesy.
Teamwork, customer service, and professionalism are top priorities for the
League.
Outside
Employment
The League’s image and reputation are critical to ensuring the trust of our
members, and we are committed to ensuring our business operations are free of
any criticism stemming from a conflict of interest or the appearance of a conflict.
The potential for conflict of interest is lessened when all League employees
regard the League as their primary employment.
To avoid the possibility of any conflicts of interest arising from outside
employment, the League has defined criteria that will be used to identify those
instances in which outside employment will not be approved. For the purpose of
this policy, outside employment refers to any non-League employment or
consulting work for which an employee receives compensation. Charitable
volunteer work, military service, political office and appointment to a government
board or commission compatible with League employment are not considered
outside employment for purposes of this policy, even when compensation is
received in return for the service.
Criteria for
Outside
Employment
Outside employment will not be approved when any of the following
circumstances exist:



Code of Conduct
Page 4
The outside employment interferes with your ability to fulfill the essential
requirements of your position;
You wish to use League equipment, resources or staff in the course of the
outside employment unless you receive prior approval from your
supervisor or it is otherwise allowed by policy; or
Your outside employment would cause you to violate any League
personnel policies.
Except as specifically permitted by this policy (see “Pro Bono” policy below), you
may not perform work outside of League employment that is closely related to, or
of substantially the same nature as work performed for the League on behalf of:





A city
Political subdivision
Governmental entity
Individuals or firms having a business relationship with the League
Any organization involved in policy development and advocacy or the
delivery of programs and services that may be viewed as in competition
with or divergent from the League.
Sometimes the League may have a clear business interest to jointly hire an
employee with a city, political subdivision, governmental entity or other
individuals or firms, as determined by the Executive Director. In this situation,
there is no conflict of interest and no violation of this policy as long as consent is
given from the Executive Director.
Written request
required
To ensure that these criteria are met, employees must submit a written request
for outside employment to the Executive Director prior to beginning such work so
that the Executive Director can determine if the outside employment constitutes
a conflict of interest or other violation of this policy.
Implementation
If you have received approval from the Executive Director to engage in outside
employment, the Human Resources (HR) Department may ask you to submit a
written report to the Executive Director from time to time specifying the nature
and scope of the outside employment. In addition, HR may ask your supervisor
whether you have been meeting your job expectations at a satisfactory level and
whether he or she would recommend continuation of the outside employment
approval. The Executive Director may withdraw approval for continued outside
employment if you violate this or other League policies or if you are not meeting
the results required for your position.
Pro Bono Work
by League
Attorneys
The League supports participation by League attorneys in the performance of pro
bono services, in accordance with the Minnesota State Bar Association’s
recommendation that every attorney provide legal services to those of limited
means and undertake activities to improve the legal system.
Code of Conduct
Page 5
For the purposes of this policy, Pro Bono Services include both the pro bono
representation of clients and non-litigation volunteer activities. Pro bono service
means the provision of legal services without fee or expectation of fee to:
a) persons of limited means;
b) charitable, religious, civic, community, governmental and educational
organizations in matters which are designed primarily to address the
needs of persons of limited means;
c) individuals, groups or organizations seeking to secure or protect the civil
rights, civil liberties or public rights, or charitable, religious, civic,
community, governmental and educational organizations in matters in
furtherance of their organizational purposes, where the payment of
standard legal fees would significantly deplete the organization's
economic resources or would be otherwise inappropriate; or
d) participate in activities for improving the law, the legal system or the legal
profession.
Generally
Approved
Services
The designation of an activity or program as “generally approved” indicates that
attorneys employed by the League have permission to engage in these services,
or seek referrals from these programs, with advance notice to the League’s
General Counsel. For use in this policy, generally approved services include pro
bono legal services that will not result in a conflict of interest with the attorney’s
duties and are within the experience level of the attorney.
In the case of activities such as walk-in clinics, the general approval conferred by
the League’s General Counsel covers the employee’s participation in the activity
as well as minimal follow-up activity such as: providing information, making
phone calls for the client, or making a referral for further assistance.
In the case of referrals from legal services organizations, the general approval
conferred by the League’s General Counsel permits the employee to seek cases
from the programs; however, the attorney must adhere to all of the provisions of
this policy. The following is a current list of generally approved services:





Code of Conduct
Page 6
Legal Services Programs
Volunteer Lawyers Network
Minnesota Justice Foundation
National, State or Local Bar Association Committee work
Mentoring
The General Counsel has discretion to withdraw approval for any type of pro
bono legal services with the potential to conflict with the interests of the League
or its members.
Other services
Attorneys who wish to pursue providing other pro bono services that will not
result in a conflict of interest with the duties of the attorney must obtain prior
approval from the League’s General Counsel.
Accepting a Pro
Bono Case
When you accept a pro bono case, you must:
a) Notify the client that representation is subject to a conflicts check.
b) Inform the client how, when, and where to contact you by telephone, email or letter.
c) Ensure that pro bono activities will not be controversial in nature or
noteworthy so that such involvement negatively reflects on the League of
Minnesota Cities, the League of Minnesota Cities Insurance Trust, or any
and all related entities.
d) Clarify that you are not acting in any League or LMCIT capacity; this
includes a clear disclaimer to any client, court, opposing counsel or any
staff person.
e) Ensure that your pro bono activities do not negatively impact your work
or job-related responsibilities.
Conflict of
Interest
League attorneys who undertake pro bono work must observe all the applicable
Minnesota Rules of Professional Conduct for attorneys. Some examples of
situations which are restricted by these rules and/or by the League include the
following:
a) Acceptance of the case would result in simultaneous representation by
the attorney of parties with adverse interests, or the attorney’s
obligations to the client would limit or harm the League’s ability to
represent members.
b) Acceptance of the case would result in representation adverse to the
interests of a former client.
c) The representation of the client would involve the attorney in a matter in
which the attorney participated personally and substantially as a public
officer or employee unless, after consultation, the appropriate
government agency or office consents.
d) The attorney knows or has access to confidential government information
which could be used to the disadvantage of the adverse party.
e) The attorney is restricted by specific rules of conduct on the defense of
criminal cases by city, municipal, or county attorneys.
Code of Conduct
Page 7
f)
Where the attorney enters into a business transaction with a client or
knowingly acquires an ownership, possessory, security or other pecuniary
interest adverse to a client unless such transaction conforms to the
professional rules of conduct

Those matters in which representation or participation would clearly
create the appearance of a conflict of interest
The attorney providing pro bono services has an ongoing responsibility to
monitor activities and involvement in pro bono activities for potential
conflicts of interest.

Trust Accounts
Trust accounts must be maintained by referring agencies. The League or any
other League-related entity is not responsible for maintaining or monitoring trust
accounts. League attorneys must not handle pro bono cases that require the
League attorney to establish a trust account.
Malpractice
Coverage
Before agreeing to meet with or accept a pro bono client, you should determine
whether the referring program or organization has a malpractice insurance policy
which covers volunteer attorneys. The League does not provide malpractice
insurance for pro bono activities.
League Policies
Apply
Pro bono activities and incidental costs must comply with the following League of
Minnesota Cities personnel policies:
a) Cellular Telephone Policy
b) Computer Use Policy
c) Code of Conduct Policy
You may request assistance from legal administrative assistants with typing,
copying, collating, and other clerical support on a limited basis with the approval
of the clerical staff supervisor, to the extent allowable. The League will not incur
overtime or compensatory time liability as a direct or indirect result. The staff
person providing the support must voluntarily perform the services and has the
right to decline to do so.
You may use commercial and electronic databases (e.g., Westlaw) or other
resources when their usage results in no additional cost to the League, or the cost
to the League must be reimbursed. League-owned or proprietary data bases may
not be used.
If any work that is permitted or approved under this policy creates a conflict of
interest or has the potential to create a conflict of interest, you are obligated to
Code of Conduct
Page 8
report the situation to the League’s Executive Director. The League’s General
Counsel is available to consult on this issue upon request.
Nepotism
A prospective employee will not be appointed to a position in which he or she
would directly or indirectly supervise or be supervised by an immediate family
member. Immediate family member, for purposes of this section, include: spouse,
parent, grandparents, brothers, sisters, children, grandchildren, aunts, uncles,
nieces, nephews or spouses of any of the above.
If a change in an employee’s job assignment or organization structure results in a
conflict with this policy, the Executive Director will reassign one of the employees
as soon as reasonably practical. The decision regarding who will be reassigned,
and the nature of such reassignment, will depend upon the availability of
positions for which the affected employees are qualified.
Code of Conduct
Page 9