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HomeMy WebLinkAbout12-17-18 City Commission Packet Materials - C5. Acknowledge the 2018 City of Bozeman Ethics Report Commission Memorandum REPORT TO: City of Bozeman Commission FROM: Andrea Surratt, City Manager SUBJECT: 2018 City of Bozeman Ethics Report MEETING DATE: December 10, 2018 AGENDA ITEM TYPE: Consent RECOMMENDATION: Acknowledge the 2018 City of Bozeman Ethics Report BACKGROUND: 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. UNRESOLVED ISSUES: None ALTERNATIVES: None FISCAL EFFECTS: None Attachment: 2018 Ethics Report 2018 Ethics Curriculum 26 City of Bozeman Board of Ethics Report 2018 December 2018 27 Board of Ethics Report, 2018 Page 2 of 7 Table of Contents Board of Ethics Summary ………………………………………………………………. Page 3 Members…..……………………………………………………………………… Page 3 Support Staff………………………………………………………………...…… Page 3 Membership Details………………………………………… ………………….. Page 3 Creation…………………………………………………………………………… Page 4 Duties and Responsibilities………………………………………………………Page 4 Requirement of Annual Report …………………………………………Page 5 2018 Report…………………………………………………………………………..……Page 7 2018 Ethics Training ……………………………………………………………. Page 7 Summary of the Board’s Decisions and Opinions ……….………………….. Page 7 Upcoming Recommendations………………………………………………….Page 7 28 Board of Ethics Report, 2018 Page 3 of 7 Board of Ethics Summary Current Board Members: Melissa Frost - Chair Appointed August, 2017 Term expires July, 2019 mfrost@bozeman.net Mary Jane McGarity Appointed August, 2017 Term expires July, 2019 mmcgarity@bozeman.net Carson Taylor Appointed September, 2018 Term expires July, 2020 ctaylor@bozeman.net Support Staff: Julie Hunter – Executive Assistant Administrative and Recording Services jhunter@bozeman.net Brenda Sweeney – Deputy City Clerk Administrative and Recording Services dsweeney@bozeman.net Greg Sullivan – City Attorney Legal and Procedural Recommendations gsullivan@bozeman.net 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. 29 Board of Ethics Report, 2018 Page 4 of 7 Creation of the Board of Ethics 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 provide 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, 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. 30 Board of Ethics Report, 2018 Page 5 of 7 Following are sections within the Code of Ethics directly related to the Board and a brief summary of each. 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. 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 of the Board an ethics opinion. 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. 31 Board of Ethics Report, 2018 Page 6 of 7 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. 32 Board of Ethics Report, 2018 Page 7 of 7 2018 Year-End Report 2018 Ethics Training This year’s employee ethics training was designed by City Manager Andrea Surratt with support from City Attorney Greg Sullivan and Executive Assistant Julie Hunter. An Ethics Team was formed of City department representatives and tasked to create realistic ethics scenarios with resolutions that could be used for training and instruction. Variations of the training provided customization for employees and boards. The Board of Ethics approved the curriculum and it was taken to the Ethics Trainers, made up of City Directors and Board Liaisons. A Train the Trainers session was held to teach how to facilitate the training sessions among their teams and/or boards. Trainers were walked through each scenario carefully to assure they were comfortable with the resolutions. They were given multiple resources from which to draw from including how-to documents, Municipal Code citations and City personnel who could guide them at any time. The Trainers are to complete their Ethics Training with their departments at their regularly scheduled staff meetings between December 2018 and March 2019. Six make-up sessions have been scheduled for people who may miss their own training. The city continues to ask new employees and board members to complete ethics training shortly after hiring/appointment to help familiarize them with the Code and to meet the yearly training requirement even when joining the organization after the yearly training. Summary of the Board’s Decisions and Opinions This section is designed for reporting to the Commission and public any advisory opinions or ethics hearings that were requested and may have been granted throughout the year. No formal or informal decisions or opinions were made by the Board in 2018. City Attorney Greg Sullivan continued providing a report during Board meetings to relay ethics questions and concerns that came to his attention and the advice or comments he provided. Upcoming Recommendations There are no planned recommendations at this time. 33 2018 ETHICS PROGRAM City of Bozeman TRAIN-THE-TRAINER November 29, 2018 34 OVERVIEW •Moving away from an “Ethics Season” time of year •Moving toward a more integrated Ethics Training effort •Equipping staff to facilitate training helps make the material more familiar •Facilitation & Group Discussion is the meeting format we are striving for •We want the conversation to evolve into more frequent day-to-day conversations 35 BASIS •The City of Bozeman Code of Ethics (Charter, Ch.2, Article 3, Division 4) is a best practice for local government in Montana •Montana State Law, Title 2, Chapter 2 Code of Ethics •Purchasing Policy •Employee Handbook 36 WHO Code of Ethics, Sec. 2.03.480./Persons covered. All city officials and employees shall be bound by this division.All officials,including members of the parking commission and library board, and all employees shall be bound by this division.Upon initial employment and annually thereafter each employee,official and member of every board or committee shall verify that such employee,official and board or committee member has not and will not knowingly violate any provision of this division or the rules,standards of conduct or rules of ethics established by state law. 37 CHARTER –CODE OF ETHICS Code of Ethics, Sec. 2.03.460. -Declaration of policy. The proper operation of the city government requires that public officials and employees be independent,impartial,accountable,and responsible;that governmental policies and decisions be made in the proper channels of the governmental structure;that public office and employment not be used for personal gain nor be used to harass,intimidate,or retaliate against citizens and other employees and officials;and that the public have confidence in the integrity of its government.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. Nothing herein shall be construed to relieve any employee or official of the responsibilities set forth in MCA 2-2-104,2-2-105,2-2-121,2-2-131,and 7-5-4109.Where a provision or interpretation of this division conflicts with a provision of the Montana Code Annotated,the more stringent provision or interpretation that requires a greater level of public disclosure shall apply. 38 ANNUAL TRAINING Code of Ethics, Sec. 2.03.580. -Board of ethics. 14. In coordination with the city attorney, city manager, and other appropriate city personnel, arrange for the conduct of annual training and education, which shall serve as an orientation for new board members and an opportunity for experienced members to explore specific issues in depth. -Attendance at this training shall be made a condition of service as a member of the board, and, before taking office, board members shall commit themselves to attend it. -The city clerk shall forward to the commission annually a list of officials who fail to take the training required under this section and the Charter. The commission may remove an official for failing to take the required training. 39 WHAT TO EXPECT •18 questions available to you •13 questions related to staff scenarios (Green slides) •5 board and commission-focused scenarios (Blue slides) •Notes and Tips •Sign in sheet for documentation of participants •Flip chart for possible future questions or other concerns (putting items in the “Parking Lot”) •GOAL: An hour of discussion to complete the Ethics Training (more questions than time to complete) •The hour will fly by! 40 WHO CAN YOU RELY UPON FOR HELP? •At any time, you can ask your supervisor, HR or the City Attorney when you have questions about this training or about how to advise an employee or board or commission member 41 ACTIVE LEARNING –LEARNING IN PUBLIC •Participants have knowledge that we need to draw out •Trainers need to give feedback •Employees need to give feedback •Trainers need to tell people where to go to get the answers •Participants are sometimes hesitant to begin the conversation •Reaching conclusions will likely lead to more unanswered questions •THAT’S OKAY! 42 WHY FACILITATION? •Equipping staff to facilitate training helps make the material more familiar •Engaging in Conversation HELPS US LEARN •Probing for more information (using questions that begin with Who, What, When, Why, Where, and How) 43 QUESTIONS THAT HELP FACILITATION The benefit of the training is the discussion that happens in the gray areas of each scenario. Become comfortable with these types of questions for effective facilitation of the Ethics Training: Who is involved? What information do we have or not have? When is the occurrence in question? Why might we need to pause and ask the ethics questions to ourselves? Where can we go for help? What are the resources? How can the scenario help us learn? 44 RESOURCES •Code of Ethics (Charter, Ch.2 , Article 3, Division 4) •A Copy of the Employee Handbook (encourage your employees to bring their handbook or have several available) •Supervisor, HR, City Attorney •You can request a staff partner (other Trainer) to accompany you with the training •Board of Ethics members may float and attend a few training sessions •City Commission members may participate within their liaison roles 45 HOW •Staff meetings December -March •Board meetings December -March •Increments can vary: 1 full hour, 2 –30 minute sessions, 3-20 minute sessions, etc. •Sign in sheet for each session of training and who attended-Please DOCUMENT! •6 make –up meetings (do not automatically send your staff to these without trying to cover in a staff/board/commission meeting) •Trainers lead the discussion •Get employees and board members involved •Make reference to WHY we are doing the training this way 46 12-17-18 47 Let’s Get Started! 48 WHO CAN YOU RELY UPON FOR HELP? •At any time, you can ask your supervisor, HR or the City Attorney when you have questions about this training or about how to advise an employee or board or commission member 49 Fred goes to an IT conference paid for by the IT department. During a reception at the conference he wins a $100 Amazon gift card, which he uses to purchase an Amazon Alexa for his house. Is this acceptable for Fred to do? ? 1 Employee Scenario50 Fred goes to an IT conference paid for by the IT department. During a reception at the conference he wins a $100 Amazon gift card, which he uses to purchase an Amazon Alexa for his house. Is this acceptable for Fred to do? Main Issues: random drawing, available to everyone, no obligation Code of Ethics, Section 2.03.540 Gifts, gratuities and favors, F. 2. A prize received upon a random drawing at an event where the official or employee attends in their capacity as an employee or official, the drawing is open to all attendees, and receipt of the prize does not place the official or employee under obligation; 1 Employee Scenario51 In a meeting with the HR Director, George (the HR Generalist,) is informed that Sally from the Public Works Department will be laid off next month due to a reduction in force. The HR Director asks George to keep it confidential as they have not delivered the news to Sally. Sally’s husband is George’s best friend and George knows that they are in the process of shopping for a new car for Sally. George wants to warn Sally’s husband, but knows that this information is to be kept confidential. He decides to tell Sally’s husband that he’s heard of some layoffs coming at the City and that he’s not sure if it will affect Sally, but advises that they should not purchase a new car at this time. Did George disclose confidential information? ? 2 Employee Scenario52 In a meeting with the HR Director, George (the HR Generalist,) is informed that Sally from the Public Works Department will be laid off next month due to a reduction in force. The HR Director asks George to keep it confidential as they have not delivered the news to Sally. Sally’s husband is George’s best friend and George knows that they are in the process of shopping for a new car for Sally. George wants to warn Sally’s husband, but knows that this information is to be kept confidential. He decides to tell Sally’s husband that he’s heard of some layoffs coming at the City and that he’s not sure if it will affect Sally, but advises that they should not purchase a new car at this time. Did George disclose confidential information? Main Issues: George is in a position to know confidential information and advises based upon that knowledge to his friend that would know George was in a position to communicate something with authority. Code of Ethics, Section 2.03.530 A. Confidential Information. No official or employee shall, without legal authority, disclose confidential information concerning the personnel, property, government, or affairs of the city. 2 Employee Scenario53 Jennifer, an employee in the Police Department, is buying a real estate lot. Can she offer to the seller that she would ask coworkers to speed up the process for getting final plat approval through Community Development so that she can save the seller money and look more favorable to the seller?? 3 Employee Scenario54 Jennifer, an employee in the Police Department, is buying a real estate lot. Can she offer to the seller that she would ask coworkers to speed up the process for getting final plat approval through Community Development so that she can save the seller money and look more favorable to the seller? Main Issue: using position for improper influence Code of Ethics, Section 2.03.490 E. No official or employee shall, for any reason, use or attempt to use the official or employee’s position to secure any financial interest or personal interest for said official employee, or others. No official or employee shall, for any reason, use or attempt to use the official or employee’s position to improperly influence any other official or employee in the performance of such official or employee’s official duties. 3 Employee Scenario55 A department purchased a new stereo system for the meeting room facility as the current system was failing. Alice was asked to install the new system and toss the old one. In her spare time Alice likes to rebuild electronics. She asks her supervisor if it is ok for her to take the old system home to rebuild and keep for her personal use. Can Alice’s supervisor approve this request? ? 4 Employee Scenario56 A department purchased a new stereo system for the meeting room facility as the current system was failing. Alice was asked to install the new system and toss the old one. In her spare time Alice likes to rebuild electronics. She asks her supervisor if it is ok for her to take the old system home to rebuild and keep for her personal use. Can Alice’s supervisor approve this request? 4 Main Issue: was the equipment disposed according to MCA below? Section 2.03.5 of Code of Ethics –Use of City Resources No official or employee shall use, or permit the use of, city-owned vehicles, equipment, material, or city personnel for personal use of the employee or official or anyone else or to be used in any manner prohibited by state statutes or city ordinance. Montana Code Annotated 2017 7-8-4201- Disposal or Lease of Municipal Property - Election (1)Subject to the provisions of subsection (2), the city or town council may sell, dispose of, donate, or lease any property belonging to the city or town. Employee Scenario57 Should Roger, a City employee in Engineering, attend the annual Christmas party of ACME Engineering, a local firm in the community that will include city officials, customers, and people they work with in attendance if the firm is competing for a large contract, and Roger is on the interview team?? 5 Employee Scenario58 Should Roger, a City employee in Engineering, attend the annual Christmas party of ACME Engineering, a local firm in the community that will include city officials, customers, and people they work with in attendance if the firm is competing for a large contract, and Roger is on the interview team? Main Issue: Understanding what signal his presence might represent to the company or how he might be influenced by them Code of Ethics, Section 2.03.490 B. Standards of Conduct Officials and employees shall conduct themselves with propriety, discharge their duties impartially and fairly, and make continuing efforts toward attaining and maintaining high standards of conduct. 5 Employee Scenario59 Sarah is a Board Liaison. After the Board Meeting the group decided to meet for drinks. Sarah had a glass of wine. Did she do the right thing?? 6 Employee Scenario60 Sarah is a Board Liaison. After the Board Meeting the group decided to meet for drinks. Sarah had a glass of wine. Did she do the right thing? Main Issue: Being aware if there is a quorum of the Board present which would make it wrong to have a drink = on duty City of Bozeman Employee Handbook, November 2017: Employees may not be under the influence of or impaired by drugs or alcohol while on duty. 6 Employee Scenario61 Mick’s friend is a videographer and his department has a small project that needs to be filmed. Can Mick hire his friend for the job?? 7 Employee Scenario62 Mick’s friend is a videographer and his department has a small project that needs to be filmed. Can Mick hire his friend for the job? 7 Main Issues: What if Mick is not involved in the hiring? City of Bozeman Purchasing Policy, 7) APPROVAL OF PURCHASES: Two (2) signatures are required to approve the payment for any good or service purchased by the City. The following must appear on each claim submitted to the Accounting Division. Employee Scenario63 Warren heard through the grapevine a city position may be opening. He thinks he knows the perfect candidate. Is it okay for Warren to contact that person and tell them to get ready to submit a resume? ? 8 Employee Scenario64 Warren heard through the grapevine a city position may be opening. He thinks he knows the perfect candidate. Is it okay for Warren to contact that person and tell them to get ready to submit a resume? Main Issues: Positions are approved in the annual budget through a public process. They are not confidential. Code of Ethics, Section 2.03.470 Definitions, A.3. “Confidential information” means any information which is not available to the general public and which is obtained only by reason of an official’s or employee’s position. Section 2.03.530 A. Confidential Information. No official or employee shall, without legal authority, disclose confidential information concerning the personnel, property, government, or affairs of the city. 8 Employee Scenario65 ? Marcus from Vehicle Maintenance shops at O’Reilly’s for supplies for the city frequently and receives a government discount for supplies purchased for the City. While working on his personal vehicle over the weekend he stops by O’Reilly’s to purchase supplies. The clerk recognizes Marcus and automatically applies the discount. Marcus informs the clerk that he is not purchasing these items for the City and that he should not receive the discount. The clerk tells Marcus that it’s “okay” and insists that Marcus accept the discount. The result of the discount is approximately $28 less than what he would have paid. Marcus decides not to argue with the clerk and accepts the discount, nobody will know anyway. Did Marcus violate the City’s ethics policies?9 Employee Scenario66 Marcus from Vehicle Maintenance shops at O’Reilly’s for supplies for the city frequently and receives a government discount for supplies purchased for the City. While working on his personal vehicle over the weekend he stops by O’Reilly’s to purchase supplies. The clerk recognizes Marcus and automatically applies the discount. Marcus informs the clerk that he is not purchasing these items for the City and that he should not receive the discount. The clerk tells Marcus that it’s “okay” and insists that Marcus accept the discount. The result of the discount is approximately $28 less than what he would have paid. Marcus decides not to argue with the clerk and accepts the discount, nobody will know anyway. Did Marcus violate the City’s ethics policies? Main Issues: acceptance of something because he is an employee and the clerk recognizes him Code of Ethics, Section 2.03.540 Gifts, gratuities and favors, B. 2. That the person knows or that a reasonable person in that position should know under the circumstances is primarily for the purpose of rewarding the person for official action taken; Charter, Code of Ethics, Sec. 2.03.460… that public office and employment not be used for personal gain…9 Employee Scenario67 Molly has been swimming at the city pool for years. She finds out that one of the lifeguards, Jane, that she has built a friendly relationship with over the years, just had her baby. Molly knows that other swimmers would be interested in giving Jane a gift. Molly collects $20 from 9 additional patrons and surprises Jane with a gift card to a baby store in the amount of $200. Jane’s maternity leave ends in one day, but Jane informs Molly she has made the decision not to return to work. Can Jane accept the gift card? If no, could she accept the gift if it was given individually in the $20 increments? ? 10 Employee Scenario68 Molly has been swimming at the city pool for years. She finds out that one of the lifeguards, Jane, that she has built a friendly relationship with over the years, just had her baby. Molly knows that other swimmers would be interested in giving Jane a gift. Molly collects $20 from 9 additional patrons and surprises Jane with a gift card to a baby store in the amount of $200. Jane’s maternity leave ends in one day, but Jane informs Molly she has made the decision not to return to work. Can Jane accept the gift card? If no, could she accept the gift if it was given individually in the $20 increments? Main Issue: Test of intent of gift Code of Ethics 2.03.540 B. No official or employee shall accept a gift, gratuity, or favor from any person or entity: 1. That would tend improperly to influence a reasonable person in the person's position to depart from the faithful and impartial discharge of the person's public duties; 2. That the person knows or that a reasonable person in that position should know under the circumstances is primarily for the purpose of rewarding the person for official action taken; or 3. Has a value of $100.00 or more for an individual. Section 2.03.540 Gifts, gratuities and favors, F. 1. Items or services provided an employee or official in their private capacity and without relationship to their employment or official position; 10 Employee Scenario69 Lester made comments to a coworker one day that others overheard which were blatantly sexual harassment. At the urging of his boss who heard about the incident and told Lester that his admission of the incident would enable him to avoid discipline, Lester went to HR. Did the boss act appropriately?? 11 Employee Scenario70 Lester made comments to a coworker one day that others overheard which were blatantly sexual harassment. At the urging of his boss (who heard about the incident and told Lester that his admission of the incident would enable him to avoid discipline), Lester went to HR. Did the boss advise appropriately? Main Issue: Sexual harassment is not covered in the Code of Ethics and therefore Section 2.03.590 C.2 does not apply. City of Bozeman Employee Handbook, November 2017, Harassment Complaint Procedure Code of Ethics, Section 2.03.590 C.2 An employee’s…own improper action does not grant the employee immunity from discipline… 11 Employee Scenario71 ? Sarah goes to an Economic Development conference and sees Jason there who is a consultant who hopes to work with the City on a project but hasn’t yet submitted his proposal. He annoys Sarah because he calls her frequently asking questions He has an extra ticket and invites Sarah to a technical demonstration event valued at $65 with the proceeds going to a local non profit during the conference. Can she accept the invitation? 12 Employee Scenario72 Sarah goes to an Economic Development conference and sees Jason there who is a consultant who hopes to work with the City on a project but hasn’t yet submitted his proposal. He annoys Sarah because he calls her frequently asking questions. He has an extra ticket and invites Sarah to a technical demonstration event valued at $65 with the proceeds going to a local non profit during the conference. Can she accept the invitation? 12 Employee Scenario Main Issue: Test of intent of gift Code of Ethics 2.03.540 B. No official or employee shall accept a gift, gratuity, or favor from any person or entity: 1. That would tend improperly to influence a reasonable person in the person's position to depart from the faithful and impartial discharge of the person's public duties; 2. That the person knows or that a reasonable person in that position should know under the circumstances is primarily for the purpose of rewarding the person for official action taken; or 3. Has a value of $100.00 or more for an individual. 73 ? Candace works in the Library. She checks out a patron who has library book damage fees on her account. The patron explodes with anger at being accused of returning books that were damaged and claims the Library should not have charged her. Candace is tired of this behavior. She told the patron that she would bring up this situation at the next Library Advisory Board meeting and hoped that the patron would lose her library card. Did Candace cross the line? 13 74 Candace works in the Library. She checks out a patron who has library book damage fees on her account. The patron explodes with anger at being accused of returning books that were damaged and claims the Library should not have charged her. Candace is tired of this behavior. She told the patron that she would bring up this situation at the next Library Board meeting and hoped that the patron would lose her library card. Did Candace cross the line? Main Issues: Where is the line between reporting problems v. customer service v. ethical violations? Code of Ethics, Section 2.03.510 Treatment of the public In their contact with the public, officials and employees must bear in mind their role as public servants. Each member of the public shall be treated courteously, impartially and fairly…refrain from taking any action…that is intended to retaliate…against any member of the public. 13 Employee Scenario75 WHO CAN YOU RELY UPON FOR HELP? •At any time, you can ask your supervisor, HR or the City Attorney when you have questions about this training or about how to advise an employee or board or commission member 76 ? Sandy is a member of the Northeast Urban Renewal Board. She owns a restaurant in the district and is very invested in improving the district for both her business and Bozeman in general. She is diligent about filling out her Financial Disclosure Form each year and notes her business and property interests on the form. A developer recently brought before the board a proposal for a hotel in the adjacent unused lot. Sandy is very excited about the hotel, as she’s had some conversations with the owners and expects the two to share some parking facilities and of course, the hotel will bring in customers for her. She doesn’t mention this at the NURB meeting because she has no direct business interests in the project, and since her form is on file staff can bring it up if they think it’s a conflict. Sandy enthusiastically approves the hotel. Has Sandy correctly followed the process? 1 Board/Commission Scenario77 Main Issues: Financial Interests and Disclosure –Sandy should disclose her interests in the project on the record (at the meeting). Section 6 of the City Code of Ethics states that officials must discharge their duties impartially and fairly, and Sandy certainly has financial interests and has even made efforts to discuss such, so she is not acting impartially. Pursuant to BMC 2.03.520, officials are not to use their position to secure any financial interest or personal interest. She should call the City Attorney as she may need to disclose her interests and recuse herself from the vote. Many boards require members with knowledge and investment in certain areas, so conflicts are expected and should not be assumed uncommon. This is managed through thoughtful disclosures and recusals when appropriate. Financial Disclosure Form –While the Financial Disclosure Form is a public record, staff members typically do not have direct access to these documents and will not necessarily know of potential conflicts of board members. It is the responsibility of the board member to recognize and disclose any potential conflicts on the record. Financial Disclosure Forms are not required for all boards, so if a board has this requirement pursuant to BMC 2.03.550, it has been determined board members are major financial decision makers and need to take this requirement seriously. Sandy is a member of the Northeast Urban Renewal Board. She owns a restaurant in the district and is very invested in improving the district for both her business and Bozeman in general. She is diligent about filling out her Financial Disclosure Form each year and notes her business and property interests on the form. A developer recently brought before the board a proposal for a hotel in the adjacent unused lot. Sandy is very excited about the hotel, as she’s had some conversations with the owners and expects the two to share some parking facilities and of course, the hotel will bring in customers for her. She doesn’t mention this at the NURB meeting because she has no direct business interests in the project, and since her form is on file staff can bring it up if they think it’s a conflict. Sandy enthusiastically approves the hotel. Has Sandy correctly followed the process? 1 Board/Commission Scenario78 ? Gwen is an active member of the Parks and Recreation Advisory Board and vehemently opposes a proposed Parks Maintenance District. The subject has been discussed at the board a number of times, and while a few members agree with her, the majority of the board supports the creation of the district. Gwen feels like her voice isn’t being heard, so she puts in public comment to the City Commission, and writes a letter to the Chronicle expressing her concerns about the district, acknowledging her experience with the project given her membership on the RPAB. She makes sure to include “on behalf of RPAB” in her letters to reinforce her legitimate opinion and so that others will take her seriously. Has Gwen done anything wrong? 2 Board/Commission Scenario79 Main Issues: Representation as an Individual –BMC 2.03.470.A.9 classifies board members as “officials” as they are appointed by the City Commission. Board members are appointed by the City Commission to advise the City Commission. All City officials must act within the course and scope of their position and must act on behalf of the municipality. City Commission liaisons sit on almost every board and hear conflicting viewpoints during meetings. Voicing her concerns to the board and City Commission is appropriate, but she goes further by writing to the Chronicle, as she is no longer acting on behalf of the municipality but instead of her own interests. She can do this as a private citizen, but using her position as advocacy of her own interests is not appropriate. Representation as the Board –Board members (and all officials and staff for that matter) have free speech rights and can express opinions as private citizens. However, Gwen cannot write “on behalf of RPAB” on any of her communications unless said communications were expressly approved by the board at a public meeting. She does not speak on behalf of the board unless given that permission, and should not represent herself as such. Gwen is an active member of the Parks and Recreation Advisory Board and vehemently opposes a proposed Parks Maintenance District. The subject has been discussed at the board a number of times, and while a few members agree with her, the majority of the board supports the creation of the district. Gwen feels like her voice isn’t being heard, so she puts in public comment to the City Commission, and writes a letter to the Chronicle expressing her concerns about the district, acknowledging her experience with the project given her membership on the RPAB. She makes sure to include “on behalf of RPAB” in her letters to reinforce her legitimate opinion and so that others will take her seriously. Has Gwen done anything wrong? 2 Board/Commission Scenario80 ? Neil is the chair of the Midtown Urban Renewal Board, and is responsible for setting the agendas. He also owns a hotel in the district. Recently the agendas have been pretty full with new activity in the district, so he wants to prioritize retail and food service projects as he views that as a gap to fill with new development. A proposed hotel has asked the board to be considered for $40,000 in incentives. Neil knows that this amount of a request needs to be approved by the MURB and does not go before the City Commission, but he doesn’t want to put it on an agenda as his hotel is covering the needs of the district at the moment. He didn’t get any incentives when he built his hotel, so if they are in a time crunch they can proceed without the incentives. Neil informed the applicant the board is focusing on other priorities and that the request will not be considered at this time. Has Neil acted within his authority?3 Board/Commission Scenario81 Main Issues: Misuse of Position –Pursuant to MCA 2-2-105.5, a public official may not perform an official act directly and substantially affecting a business or other undertaking to its economic detriment when the officer of employee has a substantial personal interest in a competing firm or undertaking. While as the chair he has the authority to set the agenda, he has already made the call that the new hotel doesn’t need the incentives at this time, which he then uses to justify keeping the item off the agenda. He may even be retaliating against the new applicant if he views it unfair that this person could get incentives he didn’t. The definition of “improper governmental action” in BMC 2.03.470.8 includes action taken by an official that is intended to retaliate against a member of the public. If the new applicant chooses to come back later when he can get the incentives, Neil’s actions as chair have directly resulting in delaying a project, which will lead to less competition for him. Neil needs to act on behalf of the City in his decision-making. Financial Interest –Pursuant to BMC 2.03.470.6, “financial interest” does not need to be tangible. Regardless of whether Neil is intentionally creating a barrier for the new hotel, if the hotel is delayed due to his actions, he stands to keep business that the new hotel may have taken away. He needs to be aware of this level of financial interest, and even if his motivations are in the right place, the perception of a conflict may still exist. He needs to take this into account in his decision making when setting the agenda. Neil is the chair of the Midtown Urban Renewal Board, and is responsible for setting the agendas. He also owns a hotel in the district. Recently the agendas have been pretty full with new activity in the district, so he wants to prioritize retail and food service projects as he views that as a gap to fill with new development. A proposed hotel has asked the board to be considered for $40,000 in incentives. Neil knows that this amount of a request needs to be approved by the MURB and does not go before the City Commission, but he doesn’t want to put it on an agenda as his hotel is covering the needs of the district at the moment. He didn’t get any incentives when he built his hotel, so if they are in a time crunch they can proceed without the incentives. Neil informed the applicant the board is focusing on other priorities and that the request will not be considered at this time. Has Neil acted within his authority?3 Board/Commission Scenario82 ? Jenny is a member of the Community Affordable Housing Advisory Board, and also works for a local non-profit that helps to coordinate placement of low-income individuals in affordable housing, and she is happy that her involvement on the board can help facilitate a community need her job also addresses. Since she is an expert in the area, she makes sure that developers coming before the CAHAB are fully aware of the different resources in the community, and gets frustrated when someone asks for an incentive when they haven’t gone through all the steps to minimize development costs, such as working with Habitat for Humanity to potentially have them build some of the houses. She votes no on these projects since there are so many local organizations that could also benefit from a developer utilizing their resources, and only votes yes on projects that maximize these resources. Is Jenny doing anything wrong or is this appropriate given her position? 4 Board/Commission Scenario83 Main Issues: Financial Interest –Again, pursuant to BMC 2.03.470.6, “financial interest” does not need to be tangible. While Jenny has good intentions, citizens may view Jenny as using her position to build up business for local non-profits, which benefits her directly in job security and community relationships. This is not the role of a board member, who as a city official needs to put on a different hat to advise the City Commission and act on behalf of the municipality. Impartiality –Section 6 of the Ethics Handbook states that officials must “discharge their duties impartially and fairly.” As a decision-maker, Jenny, like all board members, must consider the information before her with each application, and not apply standards not expressly given to her by law. Jenny is a member of the Community Affordable Housing Advisory Board, and also works for a local non-profit that helps to coordinate placement of low-income individuals in affordable housing, and she is happy that her involvement on the board can help facilitate a community need her job also addresses. Since she is an expert in the area, she makes sure that developers coming before the CAHAB are fully aware of the different resources in the community, and gets frustrated when someone asks for an incentive when they haven’t gone through all the steps to minimize development costs, such as working with Habitat for Humanity to potentially have them build some of the houses. She votes no on these projects since there are so many local organizations that could also benefit from a developer utilizing their resources, and only votes yes on projects that maximize these resources. Is Jenny doing anything wrong or is this appropriate given her position? 4 Board/Commission Scenario84 ? Olive is a member of the Parking Commission, and with the rest of the commission is working to coordinate an expansion to the downtown parking garage. This week the Parking Commission is considering the construction contract for the garage, which includes as a sub-contractor an architecture firm for which her son works. Olive wasn’t sure if her approving the contract would show favoritism to a relative so she emailed the chair of the Parking Commission to let her know of the relationship, and the chair thanked Olive for letting her know. When the commission got to the item Olive did not disclose the conflict since she already did, and since her relation was once-removed from the contract before them, she voted to approve the contract. Did Olive go overboard with her disclosure, was it correctly handled, or was it not enough? 5 Board/Commission Scenario85 Main Issues: Disclosure –Pursuant to BMC 2.03.520.D.1, disclosure must be on the record. It is Olive’s responsibility to disclose the conflict at the public meeting. Knowing of the conflict, the chair should also bring it up since Olive failed to. Nepotism –MCA 2-2-201 states officials are not to have interest in contracts if they are directly involved, defined as a person who directly monitors, extends, amends, audits, or is responsible for procurement of the contract, of which Olive certainly is. Whether her son is a sub-contractor is irrelevant as he may directly stand to benefit from this contract if approved. If Olive knows her son will or may work on this project she should disclose that and recuse herself from the vote. If Olive knows he will NOT work on that project, she should still disclose that information prior to the vote to avoid any misperceptions of favoritism later down the road. SUMMARY: These are complicated scenarios, and there can be fine lines between disclosing vs. recusing, speaking as an individual vs. board member, etc. There may also be more nuanced ethical issues with any of these scenarios, so only the main ones are highlighted. But these situations come up frequently, so please never hesitate to contact the City Attorney’s office for assistance prior to any decision-making. Olive is a member of the Parking Commission, and with the rest of the commission is working to coordinate an expansion to the downtown parking garage. This week the Parking Commission is considering the construction contract for the garage, which includes as a sub-contractor an architecture firm for which her son works. Olive wasn’t sure if her approving the contract would show favoritism to a relative so she emailed the chair of the Parking Commission to let her know of the relationship, and the chair thanked Olive for letting her know. When the commission got to the item Olive did not disclose the conflict since she already did, and since her relation was once-removed from the contract before them, she voted to approve the contract. Did Olive go overboard with her disclosure, was it correctly handled, or was it not enough? 5 Board/Commission Scenario86 WHO CAN YOU RELY UPON FOR HELP? •At any time, you can ask your supervisor, HR or the City Attorney when you have questions about this training or about how to advise an employee or board or commission member 87 NEXT STEPS •Staff to create a final version of the presentation you will use with your staff and commission members. (Only slight changes will be made to make it relevant to the groups you will present to instead of this training oriented version) •PPT will be emailed to you and available in the Projects folder •Begin to book time during your staff meetings and/or place on board and commission agendas •Make sure to have a sign-in sheet and provide completed sheet and any comment feedback sheets to City Clerk Robin Crough before April 1st, preferably as sessions are completed 88 12-17-18 89 THANKS! 90 2018 Ethics Training Train the Trainers Facilitation Tips Questions that help Facilitation: • The benefit of the training is the discussion that happens in the gray areas of each scenario. Become comfortable with these types of questions for effective facilitation of the Ethics Training:  What information do we have or not have?  Who is involved?  When is the occurrence in question?  Why might we need to pause and ask the ethics questions to ourselves?  Where can we go for help? What are the resources? Why Facilitation? • Equipping staff to facilitate training helps make the material more familiar • Engaging in Conversation HELPS US LEARN • Probing for More Information (using questions that begin with Who, What, When, Why, Where, and How) • Participants have knowledge that we need to draw out • Participants are sometimes hesitant to begin the conversation • Reaching conclusions will likely lead to more unanswered questions • THAT’S OKAY! What to expect? • 13 Questions related to staff scenarios (Green) • 5 Board and Commission-focused scenarios (Blue) • Notes Built in to Powerpoint • Sign In Sheet for Documentation of Participants • Flip Chart for Possible Future Questions or Other Concerns (putting items in the “Parking Lot”) • GOAL: An Hour of Discussion (More Questions than time to complete) • The hour will fly by! Resources • Code of Ethics • A Copy of the Employee Handbook (encourage Employees bring their copy) • You can request a staff partner (other Trainer) to accompany you with the training • Board of Ethics members may float and attend a few training sessions • City Commission members will participate within their liaison roles Remember At any time you can ask your supervisor, HR or the City Attorney when you have questions about this training or about how to advise an employee or board or commission member 91