Klaus v. Minnesota State Ethics Commission

• Decision Date: 30 July 1976
• Docket Number: No. 45475,45475
• Citation: 244 N.W.2d 672,309 Minn. 430
• Parties: Walter KLAUS, Appellant, v. MINNESOTA STATE ETHICS COMMISSION, et al., Respondents, William B. Randall, Ramsey County Attorney, Respondent.
• Court: Minnesota Supreme Court

Page 672

244 N.W.2d 672

309 Minn. 430

Walter KLAUS, Appellant, v. MINNESOTA STATE ETHICS COMMISSION, et al., Respondents William B. Randall, Ramsey County Attorney, Respondent.

No. 45475.

Supreme Court of Minnesota.

July 30, 1976.

Syllabus by the Court

As construed and applied by the State Ethics Commission, the disclosure provisions of L.1974, c. 470, the 'Ethics in Government' statute, do not violate the constitutional right to privacy of a candidate for public office; do not infringe the rights of such candidate under the first amendment to the Federal constitution; and do not violate the candidate's right to seek and hold public office guaranteed by Minn. Const. art. 1, § 17.

Hall & Swanson, Dale G. Swanson and Clinton Hall, Forest Lake, for appellant.

Peter W. Sipkins, Sol. Gen., Jonathan H. Morgan, Sp. Atty., Joan K. Swartz, Sp. Asst. Atty. Gen., St. Paul, for Minn. State Ethics Comm., et al.

Considered and decided by the court en banc.

OTIS, Justice.

This is an action brought by a candidate for the state legislature challenging the constitutionality of the disclosure provisions of L.1974, c. 470, the so-called 'Ethics in Government' statute. The trial court mandated compliance and we affirm.

In 1974, appellant, Walter Klaus, filed for reelection to retain his seat as a member of the house from representative district 25A. He refused to comply with the provisions of Minn.St. 10A.09 which required him to file a statement of economic interest although he was directed to do so by the Minnesota State Ethics Commission. Thereafter he instituted a declaratory judgment action in the District Court of Ramsey County. On a motion for summary judgment the court sustained the constitutionality of the statute and ordered appellant to comply. ¹ He thereupon appealed to this court.

As it relates to these proceedings, Minn.St.1974, § 10A.09, subds. 1 and 5, require appellant as a candidate for elective office to file with the State Ethics Commission a statement of economic interest in the following form:

'(a) His name, address, occupation and principal place of business;

'(b) The name of each business with which he is associated and the nature of that association; and

'(c) A listing of all real property within the state, excluding homestead property, in which he has a fee simple interest, a contract for deed or an option to buy, whether direct or indirect, and which interest is valued in excess of $2,500. The filing shall indicate the municipality, if any, and the county wherein the property is located.' ²

The State Ethics Commission drafted a form, with instructions, for those governed by the statute. (EC form 3.)

As to compensation, the form states:

'List all sources from which registrant receives compensation in excess of $50 in any month, other than for actual and reasonable expenses, as director, officer, owner, member, partner, employer, or employee. Do NOT include amount of compensation.'

The corresponding instruction reads, in part:

"Source of compensation' includes the name of the corporation, partnership, or other entity from which the registrant receives payment in compensation, or in the case of a registrant who is self-employed, the name of the proprietorship or description of the occupation in which he is self-employed (e.g. farming, practice of law as sole proprietor.)

"Compensation' means every kind of compensation for labor or personal services of every kind from any private or public employment, office, position, or occupation, but does not include payments in compensation made by any entity to a self-employed individual in his capacity as a self-employed individual.'

As to securities, the form states:

'List those corporations or other entities in which registrant holds securities worth $2,500 or more at fair market value. Do NOT list value of securities.'

The instruction reads, in part:

'List the name and address of any corporation, cooperative, partnership, or other association in which the registrant holds securities worth $2,500 or more at fair market value, and include the type of securities, i.e. stock, share, bond, warrant, option, pledge, note, mortgage, debenture, lease, or commercial paper. Include any securities held by any trust of which the registrant is either a trustee or beneficiary, but do NOT include insurance policies or account interests in banks and other savings institutions. If the stock is listed on one of the national exchanges and the address of the corporation is not known, list the exchange. For unlisted stocks the address of the corporation must be included.'

As to real property, the form states:

'Indicate the location of all real property within Minnesota, excluding homestead property, in which registrant has a fee simple interest, a contract for deed, or an option to buy, whether direct or indirect, and in which the registrant's interest is valued in excess of $2,500. Do NOT include the value of the property.'

The instruction reads, in part:

'The purpose of this section is to determine the Location only of any real property in Minnesota in which the individual has an interest valued in excess of $2,500. Do NOT list homestead property and do NOT include the value of the interest. The market value of the property shown on the property tax statement should be used in calculating the amount of interest held. For each deed or document held in which the interest is over $2,500, make a separate listing, except where there are multiple deeds for the same piece of property.'

1. At the November 5, 1974, general election, appellant was defeated for reelection. Consequently the issues litigated appear to be moot. Nevertheless, because of time limitations between filing and election dates, the problems presented are likely to reoccur without an opportunity for resolution. The matter has been vigorously presented to both the trial court and this court in an adversary manner. Appellant is exposed to the possibility of a misdemeanor charge under Minn.St. 10A.09, subd. 4, as well as to the sanctions of contempt for failure to obey the mandatory injunction of the trial court. Under these circumstances it is appropriate that we decide the constitutional issues raised by appellant. Davis v. Davis, 297 Minn. 187, 210 N.W.2d 221 (1973).

2. Appellant argues that the statute compelling a disclosure of economic interest is an unconstitutional invasion of his right to privacy; that there is no compelling state interest which justifies the statute; that the statute is not related to the ends sought to be obtained; that there are less drastic means for accomplishing the state's legitimate interests; that the statute is an unconstitutional infringement of appellant's first amendment rights; and that the disclosure requirements impose on him an unconstitutional property qualification in violation of Minn.Const. art. 1, § 17.

Similar claims have been considered and rejected by other courts. After disapproving a statute requiring disclosure of financial interests by public officials in City of Carmel-by-the-Sea v. Young, 2 Cal.3d 259, 85 Cal.Rptr. 1, 466 P.2d 225, 37 A.L.R.3d 1313 (1970), a subsequent disclosure statute was approved by the California Supreme Court in County of Nevada v. MacMillen, 11 Cal.3d 662, 114 Cal.Rptr. 345, 522 P.2d 1345 (1974). The revised statute required public officials to disclose economic interests in which they had an investment in excess of $1,000, real property with a value in excess of $1,000, and the source of income or loans in excess of $250 in any given year. The court observed, 'The public's right to know of matters which might bring about a conflict of interest between the public employment and the private financial interests of those holding public office is a laudable and proper legislative concern and purpose. ' 11 Cal.3d 671, Note 7, 114 Cal.Rptr. 350, 522 P.2d 1350. After reviewing the authorities, the California court held:

'* * * These cases support our view that neither the right to privacy, nor the right to seek and hold public office, must inevitably prevail over the right of the public to an honest and impartial government.' 11 Cal.3d 672, 114 Cal.Rptr. 351, 522 P.2d 1351.

The Illinois Supreme Court has reached a similar result in Stein v. Howlett, 52 Ill.2d 570, 289 N.E.2d 409 (1972), appeal dismissed, 412 U.S. 925, 93 S.Ct. 2750, 37 L.Ed.2d 152 (1973), and Illinois State Employees Association v. Walker, 57 Ill.2d 512, 315 N.E.2d 9, certiorari denied, 419 U.S. 1058, 95 S.Ct. 642, 42 L.Ed.2d 656 (1974). That court discerned an intention to prevent conflicts of interests between the government and its officers and to instill in the public, trust and...