HomeMy WebLinkAbout12-18-17 City Commission Packet Materials - C3. 2017 Annual Ethics Board Report
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission FROM: Andrea Surratt, City Manager
SUBJECT: Acknowledge the 2017 Annual Ethics Report MEETING DATE: December 18, 2017
AGENDA ITEM TYPE: Consent
RECOMMENDATION: Acknowledge the 2017 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 Section 2.03.600 requires the board to submit an annual report to the city commission no later than December of each year. The report should contain “a summary of its decisions and opinions, both open and confidential”; and “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 attached report reflects the work completed so far this year to meet our ethics requirements.
UNRESOLVED ISSUES: None.
ALTERNATIVES: As suggested by the City Commission FISCAL EFFECTS: None.
Attachments: 2017 Annual Ethics Report Report compiled on:
12/6/2017
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CITY OF BOZEMAN
BOARD OF ETHICS
REPORT – 2017
www.bozeman.net/bozeman/Residents/Ethics
December 2017
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
2017 Report ................................................................................................................................................................... 4
2017 Year-End Report ................................................................................................................................................ 4
Summary of the Board’s Decisions and Opinions ...................................................................................................... 5
Administrative Accomplishments .............................................................................................................................. 5
Upcoming Goals ......................................................................................................................................................... 5
2017 Ethics Training ............................................................................................................................................... 5
Upcoming Recommendations ................................................................................................................................... 5
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BOARD OF ETHICS SUMMARY
MEMBERS
CURRENT BOARD MEMBERS
Melissa Frost – Chair
• Appointed August 3, 2015
• Term expires July 31, 2019
• mfrost@bozeman.net
Mary Jane McGarity
• Appointed August 3, 2015
• Term expires July 31, 2019
• mmcgarity@bozeman.net
PAST BOARD MEMBERS
Rodger McCormick
• Appointed August 2008
• Term expired July 2010
Stephen Schultz
• Appointed August 2008
• Term expired July 2010
Chris Carraway
• Appointed August 2011
• Resigned July 2017
SUPPORT STAFF
Andrea Surratt – 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.
2017 REPORT
2017 YEAR-END REPORT
For 2017, the City prepared an online training program.
Using recommendations from the City’s Ethics Team and the Board of Ethics, staff was able to create ethics
questions based off of situations employees and board members may normally face. Topics ranged from gifts and
use of City resources to handling confidential information and conflicts of interest. Questions were developed as
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scenarios where employees had to determine if individuals handled the situation appropriately. All answers were
backed up with references to the code of ethics.
The training is in the final stages of development and will be released to all City Employees and Board Members
through an anonymous online platform before the end of the year. While participant answers are not recorded,
staff will be able to track who has completed the training.
The online program will be managed through the Local Government Center. We are anticipating that ethics
training will be completed quickly and have high participation rates given the online format. Participants can
complete it at their own convenience and the process should only take about 15-20 minutes. Moving forward, we
will continue to alternate between online and in-person training.
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 City Manager’s Office sets up the training, with the
assistance of the Human Resources department who track completion. The Deputy City Clerk is responsible for
scheduling Board members. The training for employees and board members will begin in December 2017, and
should be completed by year end.
SUMMARY OF THE BOARD’S DECISIONS AND OPINIONS
No formal decisions were made by the Board in 2017.
No informal decisions were made by the Board in 2017.
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.
ADMINISTRATIVE ACCOMPLISHMENTS
The City Manager’s Office revived the Ethics Team in an effort to prepare this years’ annual ethics training. The
Ethics team was comprised of individuals from each department and from various levels within the organization.
As a result, we were able to produce a training that was relevant and opened up communication about the types
of ethical situations we face.
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 2018 ethics training.
2017 ETHICS TRAINING
The Ethics Board will arrange the 2018 annual Ethics Training.
UPCOMING RECOMMENDATIONS
Continue to evolve the annual ethics training to be relevant to ethical decisions that employees and board
members are facing.
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