HomeMy WebLinkAbout1974 10-23 3M charges councilman with conflict of interest REVIEW 3Mcharges councilman\
with conflict of interest
cid 13, 1(474
by Scott Carlson meeting and to be heard by its
3M Co. (Minnesota Mining and representatives," Flesch said.
Manufacturing) states that an Oct. 3 And the council agreed, voting 4-1 to
Maplewood council resolution charging it establish Nov. 7 as the date for a recon-
with a$5,000 penalty fee for late payment sideration of the penalty fee.Councilman
of a$50,000 sewer bill is invalid "in that Norman Anderson, 3M machinist and
certain council members who voted were obviously the target of Flesch's corr-
in fact disqualified from voting . . . ments on conflict of interest, dissented.
because of their conflicting interest as Anderson, who voted in favor of the
'employees of 3M." penalty fee Oct. 3, asked "Why does 3M
That was one of three points raised by feel it should be forgiven?"And he again
Claudia Flesch, 3M attorney, last reiterated his concern: "If you change
Thursday night when she appeared to ask this for them(3M)then you should change
the council to reconsider its action. it for everybody."
Flesch pointed that no 3M represen- Councilman Donald Wiegert, who also
tatives were present Oct.3 to explain why voted for the penalty fee, felt that the
the bill had been one day late. company should be given a chance to
"3M should he given the opportunity to present its case.
present its defenses at the council But Wiegert added that that may not
change votes and even if Anderson
disqualifies himself from voting and the
rest of the council voted as it did Oct. 3
that it wouldn't lift the penalty.
Flesch charged, "The penalty levied
against 3M is unreasonable, excessive in
view of the offense and greatly out of
Iproportion to any damages sustained by
the city of Maplewood.
"The late payment did not cause the
city of Maplewood to assume any
collection costs, nor could it have im-
paired the city's working capital,"Flesch
continued. "The payment was only one
day late and there was no intent on the
part of 3M to refuse payment."
Flesch concluded, "While the or-
dinances of the city of Maplewood may
not have provided for exceptions to the
penalty, Maplewood nevertheless may
not enforce a penalty which is con-
fiscatory and unreasonable, as is a
penalty of$5,375."
Councilman John Greavu, who before
voted against the penalty charge,agreed.
"Ten percent is ridiculous," he said.
Flesch stated the Oct. 3 hearing was
scheduled before 3M's intent. "The mere
delivery of the request to individual
council members rather than staff
members triggered a hearing on the
matter Oct. 3 without 3M's notice," she
said.