HomeMy WebLinkAbout12-19-16 CC Mtg - C4. 2016 Annual Ethics Report
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Chris Kukulski, City Manager
SUBJECT: Acknowledge the 2016 Annual Ethics Report
MEETING DATE: December 19, 2016
AGENDA ITEM TYPE: Consent
RECOMMENDATION: Acknowledge the 2016 Annual Ethics Report
SUGGESTED MOTION: To be determined by the City Commission
BACKGROUND: The annual report from the Board of Ethics is a way to inform the
public, officials, and City staff of the accomplishments, decisions and opinions of the board.
The Bozeman Municipal Code Sec. 2.03.600 specifically states that the board shall:
4. No later than December of each year, submit an annual report to the city commission
concerning
its action in the preceding year. The report shall contain:
a. A summary of its decisions and opinions, both open and confidential; the board shall
make any alterations in the summaries necessary to prevent disclosure of any confidential
information pertaining to any individual or to any organization if the disclosure could
lead to the disclosure of the identity of a person who is entitled to confidentiality; and
b. Recommend any legislative or administrative actions regarding the city’s policies and
practices which the board believes would or could enhance the ethical environment in
which public servants work.
The 2016 annual Ethics training was divided into City Staff training and Advisory Board
training. Based on feedback from the board members in previous years, it was decided to split
the training to be more relevant to board members. The Ethics Board has suggested that City
Staff survey board members to determine if splitting the training was more effective at creating
relevant content for board members.
The Board of Ethics would be happy to come before the Commission if the Commission would
like more detail on this report.
UNRESOLVED ISSUES: None.
ALTERNATIVES: As suggested by the City Commission
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FISCAL EFFECTS: Unknown at this time.
Attachments:
2016 Annual Ethics Report
December 9, 2016 Ethics Board Minutes
Report compiled on:
12/12/2016
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CITY OF BOZEMAN
BOARD OF ETHICS
REPORT – 2016
www.bozeman.net/bozeman/Residents/Ethics
November 2016
TABLE OF CONTENTS
Board of Ethics Summary............................................................................................................................................... 2
Members ................................................................................................................................................................... 2
Current Board Members ........................................................................................................................................ 2
Past Board Members ............................................................................................................................................. 2
Support Staff .............................................................................................................................................................. 2
Membership Details .................................................................................................................................................. 3
Creation ..................................................................................................................................................................... 3
Board Duties and Responsibilities ............................................................................................................................. 3
Bozeman Municipal Code of Ethics ....................................................................................................................... 3
Requirement of Annual Report.............................................................................................................................. 4
2016 Report ................................................................................................................................................................... 4
2016 Year‐End Report ................................................................................................................................................ 4
Summary of the Board’s Decisions and Opinions ...................................................................................................... 5
Administrative Accomplishments .............................................................................................................................. 5
Upcoming Goals ......................................................................................................................................................... 6
2017 Ethics Training ............................................................................................................................................... 6
Upcoming Recommendations ................................................................................................................................... 6
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BOARD OF ETHICS SUMMARY
MEMBERS
CURRENT BOARD MEMBERS
Chris Carraway – Chair
Appointed July 28, 2014
Term expires July 31, 2018
ccarraway@bozeman.net
Melissa Frost – Former Chair
Appointed August 3, 2015
Term expires July 31, 2017
mfrost@bozeman.net
Mary Jane McGarity
Appointed August 3, 2015
Term expires July 31, 2017
mmcgarity@bozeman.net
PAST BOARD MEMBERS
Rodger McCormick
Appointed August 2008
Term expired July 2010
Stephen Schultz
Appointed August 2008
Term expired July 2010
SUPPORT STAFF
Chris Kukulski – City Manager
Alicia Kennedy – Executive Assistant
akennedy@bozeman.net
Administrative and Recording Services
Greg Sullivan – City Attorney
gsullivan@bozeman.net
Legal and Procedural Recommendations
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MEMBERSHIP DETAILS
The Board of Ethics is made up of three members appointed by the City Commission to two‐year terms. Members
cannot be City elected officials, City employees, or currently serving on any other City Board or Commission.
CREATION
2008 Bozeman City Charter
The Bozeman City Charter (the “Charter”) was proposed by the City of Bozeman’s 2004‐2006 Local Government
Study Commission and was approved by the voters at the November 7, 2006 general election. The Charter became
effective on January 1, 2008. The Charter confers certain powers and restrictions, prescribing procedures and
governmental structure. The Charter was created …to secure the benefits of local self‐ government and to provide
for an honest and accountable commission‐manager government. (Preamble, City of Bozeman Charter)
Section 7.01 (b) of the Charter called for the establishment of an independent Board of Ethics as well as the
requirement for annual training and education of city officials, city board members and employees regarding the
state and city ethics codes.
Ordinance No. 1726, Creation of the Board of Ethics
To establish a Board of Ethics (the “Board”) as required in the voter approved Charter, the City Commission
adopted Ordinance No. 1726 which provides guidelines for the creation of the board and other ethics related
content required in the Charter. These provisions are codified in the Bozeman Municipal Code at Chapter 2, Article
3, Division 4 (Sect. 2.03.460 et seq., BMC). Duties and powers of the Board, who may request board action and the
limitations of the board’s power, are included. In May of 2009, the City Commission adopted Ordinance No. 1759
which amended the original Ordinance. Changes made relating to the board itself were minor.
BOARD DUTIES AND RESPONSIBILITIES
BOZEMAN MUNICIPAL CODE OF ETHICS
Bozeman Municipal Code, Chapter 2, Article 3, Division 4 – Code of Ethics
The Code of Ethics is an important piece of City law. As the declaration of policy section 2.03.460 states, The
purpose of this code of ethics is to set forth standards of ethical conduct, to assist public officials and employees in
establishing guidelines for their conduct, to foster the development and maintenance of a tradition of responsible,
accountable and effective public service, and to prohibit conflict between public duty and private interest.
The following sections within the Code of Ethics directly relate to the Board. Other sections within the Code of
Ethics provide additional direction to the Board and the public in addressing ethical issues and violations.
Sec. 2.03.580 ‐ Board of Ethics.
This section defines the composition and terms of the Board, requirements for membership, and lists the support
City staff will provide.
Sec. 2.03.600 ‐ Duties and powers of the board.
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This section provides details about Board procedures related to meetings, conducting hearings, and reporting and
establishing procedures for administration and implementation of the Code of Ethics. These duties include:
Evaluating all aspects of the Code of Ethics to ensure the public and all public servants have a reasonable
opportunity and are encouraged to participate;
Developing a plan to educate public servants about their rights, duties and responsibilities;
Submit an annual report of summary decisions, opinions and recommended actions regarding ethical
practices or policies;
Arrange for an annual workshop or training program for all employees, elected officials and board and
committee members; and
Conduct hearings as needed.
Sec. 2.03.610 ‐ Who may request board action.
This section outlines that any person may file a complaint with the Board and further explains who may request an
ethics opinion of the Board.
Sec. 2.03.620 – Limitations on board’s power.
This section explains in detail what limitations are placed on the Board and that the Board may refer a matter to
the city attorney for review.
In addition to the City’s Code of Ethics, the Board has jurisdiction over State of Montana Ethics laws. These
provisions are codified in Title 2, Chapter 2, Part 1, MCA (Sect. 2‐2‐101, et seq., MCA).
REQUIREMENT OF ANNUAL REPORT
The annual report of the Board is a way to inform the public, officials and city employees of what the Board has
accomplished in the past year and report any decisions or opinions.
The Bozeman Municipal Code Sec. 2.03.600 specifically states that the board shall:
4. No later than December of each year, submit an annual report to the city commission concerning its action in the
preceding year. The report shall contain:
a. A summary of its decisions and opinions, both open and confidential; the board shall make any alterations
in the summaries necessary to prevent disclosure of any confidential information pertaining to any
individual or to any organization if the disclosure could lead to the disclosure of the identity of a person
who is entitled to confidentiality; and
b. Recommend any legislative or administrative actions regarding the city’s policies and practices which the
board believes would or could enhance the ethical environment in which public servants work.
2016 REPORT
2016 YEAR‐END REPORT
For 2016, the City continued its contract with Montana State University Extension Services to assist in the ethics
training requirement as written in the City Charter. The training was a success through a collaborative effort
between City Staff, Betsy Webb and the Local Government Center. Foundational to the training is Betsy Webb’s
dissertation titled “What is Good and What is Right: An Investigation of the Outcome of a Comprehensive Ethics
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Program in Municipal Government.” Featuring the City of Bozeman, her dissertation was a study of a
Comprehensive Ethics Program (CEP) within a municipal government five years after implementation. The text and
questions were developed by MSU and based on specific areas for improvement found in Betsy Webb’s research.
Contracting with MSU Extension Services allowed the City to offer the ethics training in person for new employees
and board members. This year, the training was divided into two programs. One for City employees and another
for Board Members, as suggested through feedback of previous training sessions.
The 2016 City of Bozeman Ethics Training for employees was divided into three topics: Gifts, Confidential
Information and Retaliation. Groups were asked to evaluate three scenarios to determine whether behavior was
appropriate. The Ethics Training for Board Members focused on three different areas: Conflict of Interest, Gifts and
Influence and Impartiality and Fairness.
The goal moving forward is to alternate between online and in‐person training. The length of the program was
reduced from as much as 90 minutes in the past to a 45 minute presentation this year. In addition, sessions were
held during a variety of times, at different locations, in an effort to accommodate the needs of more individuals. It
is evident through the high attendance numbers, that this was helpful.
The primary responsibilities associated with coordinating the annual ethics trainings and the Board of Ethics was
transferred to the City Manager’s office in early 2015. The Executive Assistant to the City Manager set up the
training session, with the assistance of the Human Resources department who tracked attendance. The Deputy
City Clerk was responsible for scheduling Board members to attend a specialized training for Board members. The
training for employees and board members began in October 2016, and was completed November 16, 2016. The
training was completed by all but 10 City employees and only 13 out of 183 Board members have not completed
the training. Human Resources and the Clerk’s office are working to have all individuals who have not completed
their training attend a make‐up session.
SUMMARY OF THE BOARD’S DECISIONS AND OPINIONS
No formal decisions were made by the Board in 2016.
No informal decisions were made by the Board in 2016.
City Attorney Greg Sullivan continued to provide a staff report during Board meetings to relay ethics questions and
concerns that came to his attention throughout the year, and the advice or comments he provided. In addition to
informal advice, the City Attorney provided several formal ethics opinions (none for 2016) to City Commissioners
and has made these available online. In addition, several former board members and employees received advice
from the City Attorney regarding post‐employment matters and have filed post‐employment disclosures which are
also available to the public online. A link to these documents can be found from the city of Bozeman ethics
webpage.
ADMINISTRATIVE ACCOMPLISHMENTS
The City Clerk’s office continues to manage gift disclosure for City employees or officials. An online gift disclosure
form was created by staff and approved by the Board of Ethics for employees or officials to utilize when they
accept items that do not violate the gift provisions but have a value greater than $25 that indicates the gift, its
estimated value, the person or entity making the gift, the relationship to the employee or official and the date of
the gift. Filed gift disclosure forms can be viewed by the public online.
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Per the requirement in the City Charter, the City Clerk’s office continues to collect financial disclosure forms in
January from every employee and board member who has major financial decision making responsibilities.
UPCOMING GOALS
The Board sees no necessary statute changes at the moment. Current goals include determining and developing
the 2017 ethics training.
2017 ETHICS TRAINING
The Ethics Board will arrange the 2017 annual Ethics Training.
UPCOMING RECOMMENDATIONS
The Board of Ethics recommends that Staff survey Board Members to determine if the board‐specific training was
more relevant and effective than training with City Staff.
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BOARD OF ETHICS
Agenda
Friday, December 9, 2016
Madison Room, City Hall
121 N Rouse Ave
1. CALL MEETING TO ORDER
Meeting called to order at: 4:22 PM
Board Members Present: Mary Jane McGarity, Mellisa Frost and Chris Carraway
City Staff Present: Alicia Kennedy and Karen Stambaugh
2. CHANGES TO THE AGENDA – DISCUSSION TO ADD ITEM TO NEXT AGENDA ABOUT THE GIFT
PROVISION IN THE HANDBOOK
3. PUBLIC COMMENT
No public comment
4. APPROVAL OF MINUTES – SEPTEMBER 9, 2016
Motion by Mary Jane McGarity
Second by: Mellisa Frost
Unanimously approved
5. ACTION ITEMS
The Board of Ethics may take action and make a decision regarding any of the items listed.
A. Disclosure of Information or Comments Received (Carraway) – no information to disclose
B. City Attorney’s Update (Stambaugh) – nothing to report
C. Approval of the 2016 Annual Ethics Report
a. Provide recommendations from the Board to be included in the report.
Board agrees that the report was well done and to the point and appreciated that it was concluded with
the numbers of attendees.
Discussion among board members about how to get feedback about the training – specifically the board
members, as the boards had stated that previous training was not relevant to them.
Mellisa Frost suggested in the summary of boards decisions section of the report, that “city attorney
provides” should be “provided”.
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Motion to approve by Mary Jane.
Second by Mellisa Frost.
Unanimously approved.
Reopened action item to discuss board recommendations to be added to the report.
Board suggests to do a survey of those who took training (specifically board members) to gauge how
effective/relevant training was. This was the first year doing two separate training sessions, so it would be
helpful to know if board‐focused training was more effective and well received.
6. FYI/DISCUSSION
A. Upcoming Schedule – board decides to schedule next ethics meeting for Thursday, January 26th at 4:00.
7. ADJOURNMENT – CHRIS CARAWAY ADJOURNS THE MEETING AT 4:32 PM
This meeting is open to all members of the public. For more information, please contact Alicia Kennedy, Executive
Assistant, at 582‐2306.
Committee meetings are open to all members of the public. If you have a disability and require assistance, please
contact our Interim ADA Coordinator, Assistant City Manager Chuck Winn at 582‐2307 (TDD 582‐2301).
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