HomeMy WebLinkAbout19- Brief in Support of Combined Motion to Dismiss and for Summary Judgment - City of BozemanE
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EXHIBIT B
Randy J. Cox
Natasha Prinzing Jones
John M. Newman
HAND DELIVERED
BOONE KARLBERG, P.C.
P.O. Box 9199
Missoula, MT 59807-9199
Tel.: (406) 543-6646
Fax: ( 406) 549-6804
rcox@boonekarlberg.com
njones@boonekarlberg.com
jnewman@boonekarlberg.com
Attorneys for City of Bozeman
RECEI 'ED
ZO f 8 OEC -b p 5: 4 8
COMMISSIONER or:-
POLITICAL. PRACTICE S
BEFORE THE COMMISSIONER OF POLITICAL PRACTICES
OF STATE OF MONTANA
IN RE: THE MATTER OF:
ROGER KOOPMAN ET AL. v. CITY OF
BOZEMAN ET AL., 2018-CFP-057
CITY ·OF BOZEMAN'S
RESPONSE TO CAMPAIGN
PRACTICES COMPLAINT
INTRODUCTION
This case is not about government ethics, improper advocacy, or the sanctity of our
elections. This cas.e is about political sour grapes, plain and simple. The City of Bozeman ('~e
City") has a statutory and 1noral duty to protect the health, safety, and welfare of its citizens and
to plan for the future. The City fulfilled that duty on November 6, 201 ·s, when Bozeman
electors, by an overwhelming majority, endorsed the City's issuance of municipal bonds to
construct the Bozeman Public Safety Center ("BPSC"). The City knows the rules governing
bond elections, and it followed those rules with discipline.
Now, Bozeman resident and Public Service Commissioner Roger Koopman and
Bozeman business owner Paul Johnson, in an obvious political move1 designed to obstruct the
1 See e.g. https://tomegeJhoft:podbean.co.m/e/111718-open-for-business-with-tom-and-shane/;
https://www .gofundme.comlhelp-stop-illegal-activties-by-the-city-of-bozeman
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EXHIBIT C
BPSC project, claim the City, its officials and employees, violated Montana campaign practices
law merely by educating the public about the need for the BPSC. There is zero factual basis for
these allegations. If there is factual support, the City demands it be produced to the Office of the
Commissioner of Political Practices ("COPP") in this proceeding. Koopman does not and cannot
claim that the BPSC is unnecessary-his lengthy Complaint takes no issue with the facts
presented by the City regarding the compelling need for the BPSC. He simply takes issue with
any local initiative that raises taxes, regardless of necessity, quality of life, or good governance
aimed at improving public safety.
Koopman's Complaint-which the City had to self-refer to the COPP-is a dead letter.
The undisputable evidence accompanying this response demonstrates: (1) the City, its officials,
and employees engaged in lawful, necessary public education regarding the effect of passage or
failure of a bond measure pertaining to an essential public safety issue, the BPSC; (2) there was
no unlawful coordination between the City and Bozeman Citizens for Safety2, a private political
committee, or any other entity; (3) certain City officials exercised their fundamental First
Amendment right as citizens to free speech by advocating in favor of the BPSC bond on their
own time and using their own resources, in absolute compliance with Montana law; and ( 4) there
is absolutely no basis for voiding the results of the BPSC bond election.
Koopman's goal is to defeat the bond, after the fact, by causing delay and increased costs.
The clock is ticking for the City's bond counsel to issue an opinion regarding the grade of
investment of the BPSC bonds. This Complaint and the coITesponding district court action filed
by Koopman in Gallatin County deliberately and deceptively frustrate the City's ability to move
forward with the bond. If these issues are not resolved quickly, Koopman's unfounded
2 While BCFS is neither affiliated with nor a political committee of the City, as discussed below, the City further
contends that BCFS was properly named in accordance with Montana Code Annotated § 13-37-210.
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allegations jeopardize issuance of the bonds, heap massive and unnecessary costs on City
taxpayers, and threaten the BPSC project-which voters overwhelmingly support-altogether.
This is exactly Koopman's intent: to trip up a popular measure because he personally disagrees
with it.
The COPP should foreclose Koopman's brazen attempt to torpedo a necessary piece of
public safety infrastructure, reject his claims, and find in favor of the City in this case as quickly
as possible.
FACTUAL BACKGROUND
The City of Bozeman is growing at a rapid pace. The City's population is projected to
reach 50,000 by 2020 and, with an annual growth rate of 4.3%, is projected to double by 2040.
With this increase in population comes an increased need for public safety and law enforcement
services. The City has seen a 16% increase in police calls since 2008, and a staggering 59%
increase in fire calls in just the last seven years. With increased law enforcement activity comes
a corresponding increase in the work load of Bozeman Municipal co mi, prosecutors, and victim
services.
At the same time, as these City departments are busier than ever, the physical facilities
supporting them are utterly failing. The City leases space for it criminal justice functions in the
Gallatin County-owned Law and Justice Center. The Law and Justice Center, located at 615
South 16th A venue, is a retrofitted sixty-year-old school and lacks: (1) adequate space to house
the various functions cun-ently located there, including municipal courts and a rapidly-growing
police depaiiment; (2) security and safety waining systems; (3) fire sprinklers; (4) secured
parking for judges and comi staff; (5) adequate space and secure storage for emergency response
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vehicles and equipment; ( 6) secme records and evidence storage; and (7) adequate space to
maintain separation between prosecutors/victims and defendants.
Likewise, the fire depa1iment's Fire Station No. 1, built in the 1970's and grossly
undersized for today's needs, currently has eleven munitigated structmal seismic deficiencies
related to the roof, walls, and floor; nine non-structural deficiencies; and a failing HV AC system.
The facility is literally crumbling around the City's first responders.
The BPSC is a necessary response to these substantial public safety concerns-a response
required of the City pmsuant to its obligations to protect public health, safety, and welfare.
Proposed for construction on a piece of City-owned property at the intersection of North Rouse
A venue and East Oak StTeet, the BPSC will house Fire Depruiment personnel and equipment
from Fire Station No. 1, the Police Department, the municipal comis, and prosecution and victim
services personnel. The BPSC will alleviate the above-described deficiencies without a moment
to spru·e, and will also defer the need to construct a fourth fire station for at least six years. The
proposal also makes Fire Station No. 1 available for sale, and the proceeds will help offset the
costs of constrnction of the BPSC.
On July 23, 2018, the City Commission3 voted unanimously to adopt a resolution
"submitting to the qualified electors of the [City] the question of issuing general obligation bonds
for [the BPSC]" in the November 6, 2018 election. One month before then, in light of the City's
obligations to protect health, safety, and welfare, and to educate the electorate regarding these
issues, the City registered with the State of Montana as an incidental political committee for the
2018 election cycle. Contrary to Koopman' s assertions, the City was required by law to do so.
Changes to state law under the 2015 Montana Disclose Act require local governments wanting to
3 The City Commission is composed of Mayor Cyndy Andrus, Deputy Mayor Chris Mehl, and Commissioners Jeff
Krauss, Teny Cunningham, and I-Ho Pomeroy.
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distribute educational information pertaining to bonding issues to register and file financial
reports if expenditure on those communications will exceed $250.00. See Mont. Code Ann.
§ 13-1-101(31); Admin. R. Mont. 44.l l.605(3)(d). The City's duty to inform and educate-and
to expend more than $250.00 doing so-triggered its legal obligation to register as a political
committee and make financial disclosures. The purpose of the City's incidental committee, as
stated in the Statement of Organization, was to "[i]nform [the] public of [the] impact of passage
or failure of [the] Bozeman Public Safety Center ballot issue on City operations." (See City
Statement of Organization, attached as Exhibit A to Koopman Complaint.)
Beginning in May 2018 and continuing through to the November 6, 2018 election, City
officials, including Mayor Cyndy Andrus, Deputy Mayor Chris Mehl, Commissioner Ten-y
Cunningham, Commissioner I-Ho Pomeroy, Fire Chief Josh Waldo, Police Chief Steve
Crawford, and City Manager Andrea Surratt, as well as other City employees: (1) arranged and
participated in dozens of public meetings to answer questions and educate the public regarding
the ballot measure; and (2) distributed informational materials describing the cun-ent state of
affairs and the need for the BPSC.
City officials and employees are trained in and knowledgeable about the critical
distinction between education and advocacy in the context of elections. (See A.ff. City Attorney
Greg Sullivan,~ 11 (Dec. 6, 2018).) Officials and employees know that when acting in their
official capacities representing the City, they may educate and inf01m the public about a bond
measure like the BPSC, but may not expressly advocate for or against the measure. These same
officials and employees also know and appreciate that they do not surrender their personal
political beliefs upon entering office or accepting a job with the City. To that end, the City
continually trains its officials and employees that on personal time, using personal prope1ty and
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resources, they are free to express their personal political views publicly. (See Aff. Mayor
Cyndy Andrns, ifif5-7 (Dec. 6, 2018); Aff. Deputy Mayor Chris Mehl, ifif 5-7 (Dec. 6, 2018);
Aff. Commissioner Jeff Krauss, iii! 4--6 (Dec. 6, 2018); Aff. Commissioner TeITy Cunningham,
ifif 5-6 (Dec. 6, 2018); Aff. Commissioner I-Ho Pomeroy, if 4 (Dec. 6, 2018); Aff. Fire Chief
Josh Waldo, if 16 (Dec. 4, 2018); Aff. Police Chief Steve Crawford, if 13 (Dec. 5, 2018); Aff.
City Manager Andrea Sunatt, ifif 5, 13 (Dec. 6, 2018), attached collectively as Exhibit A.)
The City, its officials, and its employees put their understanding of the above distinctions
into disciplined practice with regard to the BPSC bond educational outreach effort.
Understanding the need to provide detailed information in a memorable, understandable way4,
the City developed a messaging and communication plan. With the contracted assistance5 of
Bozeman public relations fom The Nest Collective, LLC, City officials and employees
developed various educational materials, placed ads in local publications and on local radio
stations, posted infmmation to social media, and gave public presentations at locations around
the City. The materials and presentations often included the following elements:
i. A logo graphically depicting the four City functions proposed
to be housed at the BPSC, along with the words "Bozeman
MT" and "Public Safety Center":
BOZEMAN MT
PUBLIC SAFETY
CENTER
4 The City received significant public feedback critical of its educational eff01ts pertaining to previous bonding
measures and, recognizing its duties to protect safety and educate electors, determined to do things differently with
the BPSC bond in response to that criticism. (See Aff. Andrus, if 4.)
5 (See Professional Services Agreement, attached as Exhibit A to Aff. Surratt, if 10.)
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11. The words "Keep Bozeman Safe" or "Bozeman is Safe. Let's
Keep it that Way."
iii. Factual material concerning the City's rate of growth, its police
and fire reporting statistics, the state of existing City
infrastructure, and cost of constructing the proposed Center.
1v. A text block providing the date of the election, a website to
visit for additional information, and attribution for the material:
Make sure your voice is heard~
VOTE on November&.
Visit www.bozeman.net
· for more information.
Paid for by the City of Bozeman,
Brian LaMeres, Treasurer, PO Box 1230, Bozeman, MT 59771
(See Informational Materials, attached as Exhibit B.)
The City placed informational materials in public places around Bozeman, and used and
distributed these materials when making public educational presentations. In total, between
presentations, event tabling, open houses, and town hall meetings, the City participated in sixty-
eight scheduled events between May 24 and October 31, 2018. (See Scheduled Event List,
attached as Exhibit C.) City officials and employees spent approximately 566.2 hours of on-
duty time preparing for and engaging in educational outreach activities related to the BPSC. As
required by law, the City reported this time as in-kind contributions to the City of Bozeman
incidental political committee, with a total value of $33,955.52. The individual officials and
employees, the nature of every one of their activities, and the time spent on those activities are
documented in the rep01is submitted to the State of Montana. (See Finance Repmis, (Aug. 8,
2018; Oct. 2, 2018; Oct. 25, 2018; Nov. 21 , 2018), available at https://campaignrepoti.mt.gov/.)
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The BPSC addresses critical deficiencies in City public safety infrastructure, and the City took
its educational obligation surrounding this bond issue seriously, as it should.
City officials and employees did not, however, cross the line from educating to
advocating while on City time, using City prope1ty and resources. Indeed, as numerous
individuals attest, at no point did any City official or employee witness any other official or
employee inappropriately advocate for or against the bond measure while in their official
capacity representing the City. (See e.g. Aff. Andrus,~ 13; Aff. Cunningham,~ 13; Aff.
Crawford, ii 16; Aff. Waldo, ii 23.) Not only were officials and employees knowledgeable and
trained as described above, but included with the materials accompanying public presenters to
every scheduled event was a "do's and don'ts" list outlining the distinction between education
and advocacy. (See Presentation Instruction Sheet, attached Exhibit D.) Again, if Koopman or
his lawyer have evidence supporting their allegations, the City demands it be submitted in this
proceeding.
In their personal, individual capacities-off City time, off City property, without using
City resources-City officials and employees were free to express their political views, and did
at times. Chris Mehl, along with Terry Cunningham and former Bozeman Mayor Carson Taylor,
f01med Bozeman Citizens for Safety ("BCFS") and registered the committee with the State of
Montana. (See BCFS Statement of Organization, attached as Exhibit B to Koopman Complaint.)
Chris Mehl and Terry Cunningham chose the name "Bozeman Citizens for Safety" because they
were conscious of their roles as citizens in forming the committee; were personally, privately
interested in public safety and the BPSC; and hoped to attract contributions and interest from
other private Bozeman citizens with similar concerns. (Aff. Cunningham,~ 10.) BCFS received
an $800 loan from Chris Mehl (which was repaid); a $400 contribution from the Bozeman Police
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Protective Association; $150 contributions from Terry Cunningham, Travis Barton, and Andrea
Sunatt; and $100 contributions from I-Ho Pomeroy, Carson Taylor, Jeff Krauss, Cyndy Andrus,
and Assistant City Manager Chuck Winn. (See BCFS Finance Reports (Oct. 1, 2018; Oct. 24,
2018; Nov. 16, 2018), available at https://campaignreport.mt.gov/.) BCFS officers and
contributors listed their home addresses for reference in financial filings, and made contributions
using private funds. (Id.)
The committee, which was unaffiliated with the City, perfo1med two tasks: (1) BCFS
purchased 150 yard signs; and (2) BCFS produced a radio spot which ran the week of October
16-23, 2018. (See Aff. Cunningham, ii 11.) Because the BPSC logo shown above was public
property and not copyrighted, after informing Bozeman City Attorney Greg Sullivan, BCFS used
the City's logo on its yard sign. (See Exhibit C to Koopman Complaint; see also Aff. Mehl,
ii 13.) However, because the signs constituted private political speech, BCFS expressly
advocated a "yes" vote on the bond on its signs. (Id.) BCFS independently hired and paid The
Nest Collective, LLC to design its yard sign. (See Aff. Mehl, ii 12.) Chris Mehl initially
distributed yard signs. (See Aff. Andrus, ii 9.) Cyndy Andrus received yard signs from Chris
Mehl, and Teny Cunningham distributed signs himself after receiving them. (See Aff. Andrus,
ii 9; Aff. Cunningham, ii 11.) BCFS did not store signs on City property or at Headwaters
Economics, Chris Mehl's employer. (See Aff. Mehl, ii 12.) Chris Mehl, Cyndy Andrus, and
Te1ry Cunningham knew the signs represented advocacy, and knew where the line was.
Other officials exercised their protected First Amendment rights in other ways. Jeff
Krauss, who has a weekly radio show on KMMS 1450 in Bozeman, advocated in favor of the
BPSC bond on his show prior to the election. (Aff. Krauss, ii 11.) Cyndy Andrus, Terry
Cunningham, and Josh Waldo went door-to-door in neighborhoods around Bozeman, sometimes
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simply dropping off City educational literature without speaking to residents, and other times
engaging in conversations and, at times, advocating for passage of the bond. Each understood
the distinction between their public and private roles. (See Aff. Andrus, ifif 5-8; Aff.
Cunningham, iii! 5-8; Aff. Waldo, if~ 16-17, 24.) Cyndy Andrus and Terry Cunningham wrote
op-ed/letters published in the Bozeman Daily Chronicle advocating a "yes" vote. (See Aff.
Andrus, iii! 11-12; Aff. Cunningham, if 8.) Ultimately, City officials and employees understood
that while out and about in Bozeman-in grocery and hardware stores, walking downtown,
relaxing in their own backyards, on their own time and living their own private lives-they were
free, as citizens, to express support for the BPSC bond.
On November 6, 2018, the BPSC bond measure passed by a margin of 60% to 40%, with
13,580 ballots cast in favor and 9,134 ballots cast against authorizing the City to issue general
obligation bonds in the amount of $36,900,000 to construct the BPSC. The next phase of the
project for the City is to develop build plans and coordinate building contractors. The City hopes
to being preparing the site in the summer of2019, and begin construction after design and
engineering are complete sometime in later 2019 or early 2020.
Time is very much of the essence for the City with regard to issuing the voter-approved
general obligation bonds and moving forward with construction of the BPSC as planned. The
pendency of this action means bond counsel is unable to issue an unqualified legal opinion,
negatively affecting the City's ability to sell bonds to finance the construction. (See Aff. Anna
Rosenberry, passim (Dec. 6, 2018).) As a result, the City either will be unable to acquire funds
for the project altogether, or will be subject to a higher interest rate and other increased costs.
(Id.) If the City is unable to acquire funding or waits to issue the bonds until this matter is
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resolved, the City anticipates substantial increases in construction costs as materials prices climb
daily.
Koopman's unfounded political attack should not be allowed to delay or prevent the City
from constructing a facility critical to public safety and approved by 60% of City voters. (See
Aff. Waldo, passim; Aff. Crawford, passim.)
PROCEDURAL BACKGROUND
The Friday before the election, on the same day he discussed the BPSC bond with Deputy
Mayor Chris Mehl at a scheduled City educational event, Koopman filed a complaint in the
Montana Eighteenth Judicial District Court, Gallatin County. Koopman made no mention of the
lawsuit to Chris Mehl that day, and did not discuss any of the allegations in the pleading. (See
Aff. Mehl,~ 14.) Koopman dismissed his initial lawsuit for unknown reasons, and refiled
essentially the same complaint on November 19, 2018. The November 19th pleading is attached
to the City's COPP Complaint and incorporated therein.
Koopman claims the City, its officials, and its employees engaged in improper advocacy
with regard to the BPSC bond measure, in violation of Montana Code Annotated§§ 2-2-121(3)
and 13-35-226(4). He also claims that BCFS is improperly named, in violation of§ 13-37-210.
Among other forms of relief, Koopman seeks: (1) "a judgment declaring that the Defendants
incorrectly interpreted Montana law and violated the [above-cited statutes] and engaged in
advocacy to supp011 the bond issue"; and (2) "a court order voiding the bond election results."
(Compl., Request for Relief,~~ A-C, E (Nov. 19, 2018).)
Koopman's attorney is no stranger to election law cases and to the statutes for which the
COPP has investigative and enforcement authority. He is aware that the COPP enforces§§ 2-2-
121(3), 13-35-226(4), and 13-37-210 initially, and that a district com1 action is available, if at
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all, only after the COPP has reviewed and ruled on a campaign practices complaint. Yet, he filed
Koopman' s claims in state district comi as a declaratory judgment action. The City assumed that
by doing so, Koopman either misunderstood the statutes cited in his complaint, or was
intentionally trying to circumvent COPP investigation and review of his allegations. The City
therefore self-referred Koopman's complaint against it to the COPP so that the procedural steps
mandated by Montana law are followed and the COPP can make the decisions reserved to him
by law.
The parties have agreed to stay the district court action pending the COPP's ruling, and
will file a stipulation to that effect before Judge John Brown in Bozeman.
LEGAL FRAMEWORK
Montana law grants municipalities the power to protect public health, safety, and welfare,
and requires the provision of police, fire, and justice court services. Mont. Code Ann. § § 7-1-
4123, 7-1-4124(24), 7-5-4101 , 7-14-4101, 7-32-4101, 7-33-4101, 3-6-101 et seq.; 23 C.F.R.
§§ 450.200 et seq., 450.300 et seq. Likewise, upon a jurisdiction's adoption of a growth policy
under Montana Code Annotated § 76-1-601, the jurisdiction "must be guided by and give
consideration to the general policy and pattern of development set out in the growth policy in the
... authorization, construction, alteration, or abandonment of public ways, public places, public
structures, or public utilities." Mont. Code Ann. § 76-1-605(1)(a). Specific to Bozeman, § 5.07
of the City's Charter mandates that the City identify long-term goals regarding capital
expenditures, including a statement of the need for the expenditure and detailed description of
cost and means of financing. In short, federal, state, and local laws obligate the City to protect
public health, safety, and welfare, and to conduct the planning necessary to afford such
protection into the future.
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One such method of :financing capital improvements and other initiatives is municipal
bonding, a power extended to local governments by the Montana Constitution and statute. Mont.
Const. art. XI, part XI,§ 8; Mont. Code Ann.§ 7-1-4124. However, Montana law restrains the
conduct of public officials and employees in the context of elections pertaining to ballot issues,
including bonding:
2-2-121. Rules of conduct for public officers and public
employees.
(3)(a) Except as provided in subsection (3)(b), a public officer or
public employee may not use public time, facilities, equipment,
supplies, personnel, or funds to solicit support for or opposition to
any political committee, the nomination or election of any person
to public office, or the passage of a ballot issue unless the use is:
(i) authorized by law; or
(ii) properly incidental to another activity required or
authorized by law, such as the function of an elected public
officer, the officer's staff, or the legislative staff in the
normal course of duties.
(b) As used in this subsection (3), "properly incidental to another
activity required or authorized by law" does not include any
activities related to solicitation of support for or opposition to the
nomination or election of a person to public office or political
committees organized to support or oppose a candidate or
candidates for public office. With respect to ballot issues, properly
incidental activities are restricted to:
(i) the activities of a public officer, the public officer's
staff, or legislative staff related to determining the impact
of passage or failure of a ballot issue on state or local
government operations;
( c) This subsection (3) is not intended to restrict the right of a
public officer or public employee to express personal political
views.
* * *
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13-35-226. Unlawful acts of employers and employees.
( 4) A public employee may not solicit supp01t for or opposition to
any political committee, the nomination or election of any person
to public office, or the passage of a ballot issue while on the job or
at the place of employment. However, subject to 2-2-121, this
section does not restrict the right of a public employee to perform
activities properly incidental to another activity required or
authorized by law or to express personal political views.
Mont. Code Ann.§§ 2-2-121(3); 13-35-226(4). Taken together, while public officials and
employees "may not use public time, facilities, equipment, supplies, personnel, or funds" to
advocate for or against a bonding-related ballot issue "while on the job or at the place of
employment," they: (1) may use those facilities, resources, and time for the purpose of
"determining the impact of passage or failure of a ballot issue on state or local government
operations"; and (2) cannot be prevented from expressing their "personal political views" while
on their own time. Simply put, "[a] public officer or public employee can present neutral facts
and information to electors related to a ballot issue or candidate." Juve v. Roosevelt County
Commissioners, COPP 2014-CFP-063 at 5 (Dec. 8, 2014) (citing§ 2-2-121(3)(a)(ii)).
The COPP, interpreting United States Supreme Court case law, has developed a
framework for determining when speech constitutes advocacy. In the electioneering context,
"general discussions of issues are distinguishable from more pointed exhortations to vote for or
against [a] particular [issue]." In the Matter of the Complaint Against Eric Griffin and Lewis and
Clark County, 8 (COPP Nov. 19, 2009) (citing Buckley v. Valeo, 424 U.S. 1, 39-45 (1976)).
"[E]xpress advocacy requires words such as 'vote for,' 'elect,' 'suppo1i,' 'cast your ballot
for,' 'Smith for Congress,' 'vote against,' 'defeat,' 'reject,"' Yamada v. Snipes, 786 F.3d 1182,
1189 (9th Cir. 2015) (citing Buckley , 424 U.S. at 44 n.52). While activities and/or publications
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pertaining to an election issue which do not expressly advocate for or against a particular issue
may, under certain circumstances, be considered "the functional equivalent of express
advocacy," this is true "only if [the activities and/or publications] susceptible of no reasonable
interpretation other than as an appeal to vote for or against a specific candidate." Id. (citing
McConnell v. FEC, 540 U.S. 93, 193-94, 206 (2003); FEC v. Wisconsin Right to Life, 551 U.S.
449, 470 (2007)) (emphasis added); see also Human Life of Washington, Inc. v. Brumsickle, 624
F.3d 990, 1014-16 (9th Cir. 2010).
With regard to political committees, Montana Code Annotated§ 13-37-210(1)(a)
provides that any committee required to register under Title 13 must "name and identify itself in
its organizational statement using a name or phrase: (i) that clearly identifies the economic or
other special interest, if identifiable, of a majority of its contributors; and (ii) if a majority of its
contributors share a common employer, that identifies the employer."
With the underlying, governing law in mind, the City turns to Koopman's individual
claims.
ARGUMENT
The City's BPSC bond educational effort is a blueprint, a playbook, for other
municipalities-not a source of legal liability, and ce11ainly not a ground for overturning a duly-
conducted, fair election. The facts described above, and the infonnational materials and
affidavits underlying it, is the story of a city doing things right and by the book. The City, its
officials, and its employees knew the bright line between education and advocacy, and did not
cross it on City time or using City resources. When some officials and employees took a
position on the BPSC bond at limited times, they did so as private citizens exercising their
fundamental democratic rights of free speech and association. These actions are entirely
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consistent with Montana Code Annotated§§ 2-2-121(3), 13-35-226(4), and 13-37-210, and
Koopman's claims under these statutes fail on the merits.6 Consequently, absent a Title 13
violation, there is no basis in law or in fact for overturning the BPSC bond election under § 13-
35-107(1)(a).
A. The City's educational effort regarding the BPSC bond was in compliance with
§§ 2-2-121(3) and 13-35-226(4).
The City recognized its duty to educate the voting public on the need for and specific
details pe1iaining to the BPSC. The City had been criticized for failing to adequately inform
electors about past bond issues, and dete1mined to do things differently with the BPSC. (See
Aff. Andrus,~ 4; Aff. Sunatt, ~ 9.) The facts surrounding the project-including rapidly-
increasing demands for police, fire, and justice services, and the state of accelerated decay of the
associated City facilities-were dire and compelling, and drove the outcome of the bond
election. Bozeman citizens passed the bond because they saw it was necessary for public safety,
not because the City, its officials, and its employees broke the law by advocating. The COPP
should reject Koopman's claims.
1. The City's educational effort was neither express advocacy nor its functional
equivalent.
The City registered as an incidental political committee as required by law, not for the
purpose of taking a position on the BPSC bond. Through printed materials, media, and public
presentations, the City presented factual info1mation outlining the cunent state of public safety
facilities in Bozeman, and describing how the BPSC related to issues pe11aining to those
facilities. Officials and employees were trained to educate the public and to refrain from
advocating for or against the BPSC bond. Their training was ongoing, and a reference sheet
6 Koopman, a PSC Commissioner publicly opposing approval of the bonds, presumably is acting as a private citizen,
not in his elected capacity.
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reminding them of the distinction between education and advocacy accompanied the City's
presentation kit. The City meticulously logged and reported as in-kind contributions the time
spent by officials and employees, in their capacities as City representatives, educating the public.
These were all "properly incidental activities ... related to detetmining the impact of passage or
failure of [the BPSC bond on] local government operations"-not unlawful advocacy. Mont.
Code Ann.§§ 2-2-121(3)(a), 13-35-226(4); Juve, COPP 2014-CFP-063 at 5.
Likewise, the printed materials designed and produced by the City, with the
independently-contracted assistance of The Nest Collective, were neither express advocacy nor
its functional equivalent. No City postcard, poster, mailing insert, banner, or advertisement
expressly urged electors to vote in favor of the bond-deliberately, none of the materials
contained any of the "magic words" listed in Yamada and Buckley.
Moreover, similar to the COPP's decision in In the Matter of the Complaint Against Eric
Griffin and Lewis and Clark County (COPP Nov. 19, 2009), the information contained in the
materials is susceptible to more than one interpretation, and therefore is not the functional
equivalent of express advocacy. The Griffin case involved a mill levy for road construction in
Lewis & Clark County. In the week prior to the election, County Public Works Director Eric
Griffin published two separate ads in two separate newspapers containing the following: (1) the
amount of the proposed levy; (2) what the funds would be used for; (3) the "deteriorating"
conditions of roads in the county and the resulting effects on law enforcement, fire, mail
delivery, and commerce; ( 4) the amount the levy would cost individual taxpayers; (5) a website
and contacts for learning more info1mation; and (6) the phrase "Your Vote is Your Voice! Vote
November 7, 2006." Id. at 2-3. The COPP, reviewing a complaint alleging, in pati, a violation
of§ 13-35-226(4), concluded that:
-17 -
Although these facts may well have been set forth to convince the
reader that the mill levy was a reasonable and justifiable request
for money to improve the road system, a reader may just as well
have believed, after reviewing the information, that the county
roads were in good shape, or that the cost of the mill levy was
prohibitive, or may have disagreed with the uses to which the
money would be put.
Importantly, neither ad urged the reader to vote one way or another
on the mill levy, but instead simply advised them to vote on
Election Day.
Id. at 9. The COPP ultimately found no violation of§ 13-35-226(4) on the facts presented in the
complaint.
The circumstances here are the same. The City's educational eff011 focused on the facts
demonstrating the need for the BPSC, why upgrading public safety facilities is important, and
what the BPSC would cost the average prope11y owner. Given these facts as presented by the
City, Bozeman electors could just as readily have interpreted the City's inf01mation and
materials not as supportive of the proposed project, but as describing a proposal that is too
expensive, unwananted, or inadequate to address the needs of public safety.7 The results of the
election are prime evidence on this point-9,134 people voted against the BPSC bond issue, in
spite of the City's educational effort. But this was the point. The City was not trying to
persuade people to vote for or against the bond issue. The City was presenting info1mation in
fulfillment of its obligation to educate voters. That the set of facts delivered by the City led a
majority of Bozeman electors to arrive at a paiticular conclusion does not transform the City's
delivery of those facts into advocacy.
Moreover, the City has no obligation to present an alternative set of oppositional facts-
i.e. that it is unnecessary or too expensive-while educating the community. It is up to electors
7 Indeed, both the Gallatin County Attorney and Gallatin County Sheriff did not support the BPSC bond, and
expressed so publicly.
-18 -
to interpret the single set of facts, not to be provided two competing narratives and decide which
one they agree with. City officials and employees used public resources to meet their obligation
to educate the public on the "impact of passage or failure of [the BPSC bond on] local
government operations," and did so without improperly advocating for the bond. See Nelson v.
City of Billings, COPP-2014-CFP-052 at 8 (Dec. 9, 2014) (noting " ... the officers and
employees involved with providing safety to the residents of the City of Billings have an implied
duty to present information and observations as to the policy or infrastructure improvements
involved in providing safety to City residents.").
2. City officials and employees at limited times expressed their personal
political views on their own personal time, using their own personal property
and resources.
Montana law clearly recognizes and does not tread on public officials' and employees'
protected First Amendment rights to free speech and association. See Mont. Code Ann.§§ 2-2-
121(3)(c), 13-35-226(4). As demonstrated by the testimony attached hereto, to the extent they
advocated at all, City officials and employees did so on their own time, using their own personal
property and resources, and with full knowledge of the rules governing their conduct. (See Aff.
Andrns, passim; Aff. Mehl, passim; Aff. Cunningham, passim; Aff. Waldo, passim; Aff. Sunatt,
passim.) Off City time, off City property, and without City resources, officials expressed their
personal support for the BPSC bond through conversations and discussions, both public and
private, as they are allowed by law.
The most Koopman can point to is the inadvertent use of City email. (See Aff. Andrus,
if 12.) However, the COPP has ruled that the act of sending an email to a recipient who is not the
target of advocacy is not, itself, advocacy. See Monforton v. Laslovich, COPP-2016-CFP-
002(A) at 7-11 (Mar. 6, 2016). There is no factual or legal suppo1t for this claim.
-19 -
3. There was no coordination between the City and BCFS.
Koopman alleges the City and BCFS coordinated efforts such that BCFS's express
advocacy is imputed to the City. This claim is dispelled by the facts, paiticularly the testimony
of Andrea Surrat, as well as Chris Mehl and Terry Cunningham, who were involved with the
conception and formation of BCFS. (See Aff. Sunatt, ~ 14; Aff. Mehl,~~ 10-13; Aff.
Cunningham,~~ 10-13.) While there are facts demonstrating ce1tain City officials engaged in
advocacy, they did so carefully and entirely within the "personal political view" space allowed
under Montana law.
By intent and practice, these personal, political actions were caiTied out solely by
individuals volunteering their time spent in advocating a "yes" vote on the bond. Volunteer time
(i.e., services) is specifically exempted as a contribution or expenditure under Montana law.
Mont. Code Ann.§ 13-1-101(9)(b), -101(17)(b)(i). The COPP has noted that "the US Supreme
Court has directed a liberal application ofthis volunteer exemption." Nelson v. City of Billings,
COPP-2014-CFP-052 at 8 (Dec. 9, 2014). As noted in Nelson, a volunteer election activity
"was not an expenditure and therefore triggered no reporting obligation nor any coordination
issues." Id.
This leaves the funds BCFS spent on yard signs and radio ads advocating a "yes" vote as
the only possible expenditure susceptible to a coordination analysis as an illegal expenditure by
the City. The COPP likewise addressed this issue in Nelson. Because the rationale for the bond
is based on public information, there will be shared use of data between those simply providing
info1mation and those using the information to advocate. See Nelson at 9. But that does not, by
itself, constitute coordination. Instead, there must be some factual showing or an act of
coordination. Except for one mistaken allegation regarding BCFS's use of the City's logo,
-20 -
Koopman offers no evidence of coordination. BCFS appropriation and use of the ballot issue
logo developed by the City of Bozeman cannot show coordination because the logo was in the
public domain. As rm-copyrighted, public prope1ty, BCFS or any other party was free to use the
logo. Indeed, opponents were free to use the logo as the target of the universal "not" sign-the
logo circled with a red slash across it. And as a private citizens, BCFS contributors were free to
donate their own money.
As was the case in Nelson, the people involved with BCFS acted with rigorous
independence from the City. The COPP should be reluctant, without proof of coordination, to
"cast aspersions on the volunteer exception to Montana's contribution law and make the difficult
[l]evy task of public officers that much harder." Nelson at 9. City officials and employees are
afforded the same rights as any other citizen to freely use their personal volunteer time in the
manner they choose. Indeed, that appears to be precisely what PSC Commissioner Roger
Koopman was doing.
B. The political committee name "Bozeman Citizens for Safety" does not violate § 13-
37-210(1).
Koopman alleges BCFS was improperly named. Even though this was an act by BCFS,
not the City, the allegations are nonsense and requires a response. Under Montana law a ballot
committee shall name and identify itself "using a name or phrase ... that clearly identifies the
economic or other special interest, if identifiable, of a majority of contributors ... " Mont. Code
Ann. § 13-37-210.
The COPP has, in the past, considered naming and labeling complaints against political
committees, most recently finding that a political committee whose funding came from lawyers
had to include the word "lawyers" in its name. See Eaton v. Montanans for Experienced Judges,
COPP-2016-CFP-035. The Eaton decision and those cited therein present a straightforward
-21 -
measure of whether ballot committee contributors come with special interests which must be
accounted for in the committee name.
The majority of donors to BCFS, however, do not present such a straightforward measure
of interest. COPP records show eleven donors to BCFS, consisting often individuals and one
political committee (the Bozeman Police Protective Association). The ten individual donors
include two cuITent City employees and eight past or present City elected officials. Two cunent
and one former City official-Chris Mehl, Terry Cunningham, and Carson Taylor-formed the
BCFS.
As a matter of fact and statutory law, the identifiable interest of the eight cmTent and
former City officials (the majority of contributors) determines whether BCFS was properly
named and labeled. The interest of a City official is a dual interest illustrated by the "bright line"
instructions provided each official by the Bozeman City Attorney and others. (See Aff. Sullivan,
if 11.) Those instructions were that Montana law, based on public funds concerns, did not allow
a Bozeman city official to advocate for a "yes" vote, but did allow the city official to educate
using facts and infmmation. At the same time, those instructions, as they must, recognized that
under§ 2-2-121(3)(c), a City official retained his or her private right as a citizen to express
personal political views. (See Exhibit D; Aff. Cunningham, if 10 ("Part of the reason for using
the term 'citizens' was to distinguish between roles as elected officials and as private citizens".).)
The City officials who formed and funded BCFS clearly understood this dual role, that
was unique to each of them as a City official and citizen. (See Aff. Mehl, if 10; Cunningham,
if 10.) They just clearly understood that BCFS was a means by which they were expressing their
personal political views as citizen. Based on that understanding, they named the ballot
committee Bozeman Citizens for Safety. Given the distinctly different roles of a City official
-22 -
and citizen (education vs. advocacy), it was a correct to identify their citizen interest as the
special interest underlying BCFS-the committee was acting as an advocate and therefore could
not align itself with the City or with the officials' public role. The name is an expression of their
special citizen interest, as opposed to their City official interest. The name was therefore entirely
proper and in compliance with§ 13-37-210.
C. There is no basis in law or in fact for overturning the BPSC bond election under
§ 13-35-107(1)(a).
Section 13-35-107(1 )(a) provides "[i]f a court finds that the violation of any provision of
this title by any person probably affected the outcome of any election, the result of that election
may be held void." In light of the above, there is no basis for voiding the BPSC bond election-
neither the City, its officials, and employees, in their official or personal capacities, nor BCFS,
violated any provision under Title 13. However, even if the COPP did find a violation under the
facts stated above, any violation was the result of excusable neglect and mistake, and therefore
warrants the application of de minimis principles. See Juve, COPP 2014-CFP-063 at 9-13; In re
Matter of Vincent Complaint, COPP 2013-CFP-006, -009 at 3-7 (June 26, 2013). As the COPP
determined in Hansen v. Billings School District No. 2, COPP-2013-CFP-030 at 7 (Dec. 24,
2013), "there is no basis for an action to void [the] bond issue under§ 13-37-107(2)." Voiding
the November 6, 2018 bond election is a drastic remedy, and is wholly unwarranted here.
CONCLUSION
City officials and employees knew the difference between education and advocacy
regarding the BPSC bond, and knew they were required to maintain separation between the two.
They did so, and consequently complied with Montana law. As a matter of law, there was no
coordination between the City and BCFS, which was itself appropriately named under § 13-3 7-
-23 -
210. Absent a violation of any s01i, there is no basis in law or fact to overturn the BPSC bond
election. Koopman's complaint should be dismissed in its entirety.
DATED this 6th day of December, 2018.
BOONE KARLBERG, P.C.
~
John M. Newman
Attorneys for City of Bozeman
-24 -
EXHIBIT “A”
EXHIBIT “A”
EXHIBIT “B”
EXHIBIT “B”
BOZEMAN 000001
2020 = 50,000 2040 = 100,000
BOZEMAN IS GROWING.
With the highest
growth rate in Montana,
Bozeman population
will double by 2040.
SAFETY NEEDS ARE INCREASING.
Bozeman Fire calls have
increased 59% since 2011,
and Bozeman Police
calls have increased
16% since 2008.
The Bozeman Public
Safety Center is
A 4-IN-1 SOLUTION
to increased emergency
service needs for the
City of Bozeman.
$The Bozeman Public Safety Center would sit on existing City-owned property
on N. Rouse, with a total building and equipment cost of $36.9 million.
That investment equates to $101.78/year for a typical homeowner.
Make sure your voice is heard. VOTE on November 6.
Bond FactsBozeman Public Safety Center
BOZEMAN 000002
HOW DOES THE BOZEMAN PUBLIC SAFETY CENTER HELP RESIDENTS?
• 4-in-1 safety hub of fire, police,
municipal courts and victim services
for Bozeman residents.
• Provides space for emergency services
and courts to expand and grow as
Bozeman grows.
• By investing in our emergency services,
residents invest in safe neighborhoods.
WHY INVEST NOW?
• Failing current facilities and cramped
spaces could impact emergency services
response time.
• Bozeman residents can save $2.25
million in construction inflation costs.
• Selling Fire Station #1 will offset cost
by $2.5 million.
• Shifting fire station locations will
save residents $1.2 million annually
in operations.
• The Bozeman Public Safety Center will
delay the need for a fourth fire station
for 6-8 years.
Visit www.bozeman.net for more information.
Paid for by the City of Bozeman, Brian LaMeres, Treasurer, PO Box 1230, Bozeman, MT 59771
Public WorksPO Box 1230
Bozeman, MT 59771
CONTINUED COMMITMENT:
Gallatin County supports
the Bozeman Public Safety Center, and
cooperation between the City of Bozeman,
Gallatin County Sheriff’s Department and
Gallatin County will continue.
Make sure your voice is heard. VOTE on November 6.
07/30/18 2K
BOZEMAN 000003
Paid for by the City of Bozeman, Brian LaMeres, Treasurer, PO Box 1230, Bozeman, MT 59771
BOZEMAN 000004
BOZEMAN 000005
1
BOZEMAN 000006
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1
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y
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,
6
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1
8
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2
0
1
8
BOZEMAN 000007
BOZEMAN 000008
BOZEMAN 000009
BOZEMAN 000010
BOZEMAN 000011
BOZEMAN 000012
BOZEMAN 000013
BOZEMAN 000014
BOZEMAN 000015
BOZEMAN 000016
BOZEMAN 000017
BOZEMAN 000018
BOZEMAN 000019
BOZEMAN 000020
BOZEMAN 000021
BOZEMAN 000022
BOZEMAN 000023
BOZEMAN 000024
BOZEMAN 000025
BOZEMAN IS SAFE.
LET’S KEEP ITTHAT WAY.
• Bozeman is growing and our safety needs are increasing.
• Fire, police, courts and victim services need more space and dependable facilities.
• Let’s plan for Bozeman’s safe neighborhoods now, and in the future.
• This is a need we can’t ignore. Invest today.
Make your voice heard: VOTE NOVEMBER 6.
Find out more at WWW.BOZEMAN.NET
A 4-IN-1 SOLUTION
Paid for by the City of Bozeman, Brian LaMeres, Treasurer, PO Box 1230, Bozeman, MT 59771
BOZEMAN 000026
KEEP BOZEMAN SAFE.
MAKE YOUR VOICE HEARD. VOTE NOV. 6. WWW.BOZEMAN.NET
BOZEMAN 000027
Make sure your voice is heard. VOTE on November 6.
Visit www.bozeman.net for more information.
Paid for by the City of Bozeman, Brian LaMeres, Treasurer, PO Box 1230, Bozeman, MT 59771
BOZEMAN IS SAFE.
LET’S KEEP ITTHAT WAY.
Learn about the upcoming ballot initiative for
the proposed Bozeman Public Safety Center.
TOWN HALL MEETING
Wednesday, October 3, 6-8pm
Bozeman Fire House #3,
1730 Vaquero Parkway
BOZEMAN 000028
BOZEMAN PUBLIC SAFETY CENTERBOND FACTS
Make sure your voice is heard. VOTE on November 6. Visit www.bozeman.net for more information.
Paid for by the City of Bozeman, Brian LaMeres, Treasurer, PO Box 1230, Bozeman, MT 59771
The proposed Bozeman Public Safety Center bond item will be on your November 6
election ballot. Whether you vote absentee or in person at your polling location,
CHECK THE LAST PAGE OF YOUR BALLOT TO MAKE YOUR VOICE HEARD ON THIS ISSUE.
2020 = 50,000 2040 = 100,000
BOZEMAN IS
GROWING.
With the highest
growth rate in Montana,
Bozeman population
will double by 2040.
SAFETY NEEDS
ARE INCREASING.
Bozeman Fire calls have
increased 59% since 2011,
and Bozeman Police calls
have increased 16%
since 2008.
The Bozeman Public
Safety Center is
A 4-IN-1 SOLUTION
to increased emergency
service needs for the
City of Bozeman.
$The Bozeman Public Safety Center would sit on existing City-owned property
on N. Rouse, with a total building and equipment cost of $36.9 million.
That investment equates to $101.78/YEAR for a typical homeowner.
HOW DOES THE BOZEMAN PUBLIC SAFETY CENTER HELP RESIDENTS?
• 4-in-1 safety hub of fire, police, municipal courts and
victim services for Bozeman residents.
• Provides space for emergency services and courts to
expand and grow as Bozeman grows.
• By investing in our emergency services, residents
invest in safe neighborhoods.
WHY INVEST NOW?
• Failing current facilities and cramped spaces could
impact emergency services response time.
• Bozeman residents can save $2.25 million in
construction inflation costs.
• Selling Fire Station #1 will offset cost by $2.5 million.
• Shifting fire station locations will save residents
$1.2 million annually in operations.
• The Bozeman Public Safety Center will delay the need
for a fourth fire station for 6-8 years.
CONTINUED COMMITMENT
• Gallatin County supports the Bozeman Public
Safety Center.
• Cooperation between the City of Bozeman,
Gallatin County Sheriff’s Department and
Gallatin County will continue.
• The jail will remain at the current Law and Justice
Center off of 19th Ave.
BOZEMAN IS SAFE. LET’S KEEP IT THAT WAY.
BOZEMAN 000029
BOZEMAN 000030
BOZEMAN 000031
BOZEMAN 000032
BOZEMAN 000033
MAKE YOUR VOICE HEARDVOTE NOV. 6
A 4-IN-1 SOLUTION
BOZEMAN IS SAFE.
LET’S KEEP ITTHAT WAY.
BOZEMAN IS SAFE.
LET’S KEEP ITTHAT WAY.
BOZEMAN PUBLIC SAFETY CENTERBOND FACTS
2020 = 50,000 2040 = 100,000
BOZEMAN IS
GROWING.
With the highest
growth rate in Montana,
Bozeman population
will double by 2040.
SAFETY NEEDS
ARE INCREASING.
Bozeman Fire calls have
increased 59% since 2011,
and Bozeman Police
calls have increased
16% since 2008.
The Bozeman Public
Safety Center is
A 4-IN-1 SOLUTION
to increased emergency
service needs for the
City of Bozeman.
$The Bozeman Public Safety Center would sit on existing City-owned property
on N. Rouse, with a total building and equipment cost of $36.9 million.
That investment equates to $101.78/year for a typical homeowner.
MAKE YOUR VOICE HEARDVOTE NOV. 6
A 4-IN-1 SOLUTION
Paid for by the City of Bozeman, Brian LaMeres, Treasurer, PO Box 1230, Bozeman, MT 59771
Paid for by the City of Bozeman, Brian LaMeres, Treasurer, PO Box 1230, Bozeman, MT 59771
Find out more at WWW.BOZEMAN.NET
Paid for by the City of Bozeman, Brian LaMeres, Treasurer, PO Box 1230, Bozeman, MT 59771
BOZEMAN 000034
MAKE YOUR VOICE HEARDVOTE NOV. 6
WWW.BOZEMAN.NET
A 4-IN-1 SOLUTION
BOZEMAN IS SAFE.
LET’S KEEP ITTHAT WAY.
• Bozeman is growing and our
safety needs are increasing.
• Fire, police, courts and
victim services need more space
and dependable facilities.
• Let’s plan for Bozeman’s safe
neighborhoods now, and in the future.
• This is a need we can’t ignore.
INVEST TODAY.
BOZEMAN 000035
HOW DOES THE BOZEMAN PUBLIC SAFETY CENTER HELP RESIDENTS?
• 4-in-1 safety hub of fire, police, municipal courts
and victim services for Bozeman residents.
• Provides space for emergency services and courts
to expand and grow as Bozeman grows.
• By investing in our emergency services, residents
invest in safe neighborhoods.
WHY INVEST NOW?
• Failing current facilities and cramped spaces could
impact emergency services response time.
• Bozeman residents can save $2.25 million in
construction inflation costs.
• Selling Fire Station #1 will offset cost by $2.5 million.
• Shifting fire station locations will save residents
$1.2 million annually in operations.
• The Bozeman Public Safety Center will delay the need
for a fourth fire station for 6-8 years.
• The Bozeman Public Safety Center would sit on existing
City-owned property on N. Rouse, with a total building
and equipment cost of $36.9 million. That investment
equates to $101.78/year for a typical homeowner.
CONTINUED COMMITMENT
• Gallatin County supports the Bozeman Public
Safety Center.
• Cooperation between the City of Bozeman, Gallatin
County Sheriff’s Department and Gallatin County
will continue.
Make sure your voice is heard.
VOTE on November 6.
Visit www.bozeman.net
for more information.
Paid for by the City of Bozeman, Brian LaMeres, Treasurer, PO Box 1230, Bozeman, MT 59771
BOZEMAN 000036
BOZEMAN 000037
BOZEMAN 000038
BOZEMAN 000039
BOZEMAN 000040
BOZEMAN 000041
BOZEMAN 000042
Bozeman is growing, a lot. We know you all feel it every day and as your Police Chief and Fire Chief we
see a special side of the impacts first hand. Growth and public safety are connected and as one
increases, so does the need for the other. A lot has changed in our community and we’ve been
spending a lot of time thinking about the big picture, trying to find the best solution for Bozeman. The
Bozeman Public Safety Center is a 4-in-1 solution to Bozeman’s four pressing public safety needs now
and in the future.
Fire Station #1’s current location has some benefits. We like being able to cross the street to visit City
Hall or step out the door to help with large events downtown. But, the truth is, our current facilities just
don’t fit our needs anymore and they’re not fitting the needs of this community. This facility will move
us half a mile north onto property the community already owns. The location would provide quick
access to the growing west side of town by way of Oak Street. Even though we see lots of development
on the outer edges of the city, the bulk of work (for both of our departments) remains downtown. The
proposed location would allow us to continue our quick response times to that area. The facility is
designed to accommodate us for the growth we’re experiencing and the growth that’s to come.
As Chiefs for our agencies we’re excited for a building that would bring our two departments closer
together. While we respond to many of the same calls every day there is much to be gained by
developing our working relationships away from chaos of a scene. Building those interpersonal
relationships will improve our service for you in the form of department efficiencies and keep up our
excellent response times. Beyond the day to day we will see improved synergy as we plan for the large
scale events that become more prevalent in our busy community. Co-locating our departments
encourages uninterrupted teamwork and thoughtful problem solving – upping our game to the highest
standard that our city deserves.
Yes, the move does mean officers and deputies would no longer be based in the same building but we’re
committed to maintaining our strong collaboration with them as well as keeping our shared teams for
issues ranging from sexual assault and domestic violence to large scale emergencies and tactical
incidents. Even though, if approved, we’d be in separate buildings we’ll continue to work together on
cases and respond to public safety issues on a daily basis. That won’t stop.
Our departments have worked hard to reach the high professional standards worthy of our city. Just last
year the Fire Department moved up to a Class 2 rating from the Insurance Services Office (ISO) placing
us in the top three percent of departments nationwide and saving the community money on insurance
premiums. The Police Department continues to maintain Bozeman’s high level of public safety and in
2017 Bozeman had the lowest crime rate amongst other large cities in the state. There is a need for a
professional facility equal to the professional safety work force we have here. We’re proud of the good
work being done here but have now reached the point that the facilities are holding us back and
threaten to stifle us at a time when our demands are higher than ever.
The typical home owner would pay $101.78 per year for the $36.9 million bond. That’s about $8.50 a
month. That equates to about two coffees a month, or a box of treats for pet at home, or less than three
gallons of gas. The amount, however big or small it is to you, is a sacrifice and we do not take that
lightly.
Finally, on behalf of the staffs of the Bozeman Police Department and the Bozeman Fire Department we
want to say thank you. Your support for us is felt every day and does not go unrecognized.
BOZEMAN 000043
The Bozeman Public Safety Center is a solution to ensure that we can continue the safety and quality of
life we all enjoy here; now and into the future. We encourage you to make your voice heard on
November 6th.
Police Chief Steve Crawford & Fire Chief Josh Waldo
BOZEMAN 000044
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https://www.facebook.com/bozemangov/posts/2054996431230609
https://www.facebook.com/bozemangov/posts/2053196508077268
https://www.facebook.com/bozemangov/posts/2046146135448972
https://www.facebook.com/bozemangov/posts/2045112535552332
https://www.facebook.com/events/264041454232353/
https://www.facebook.com/events/1871916986451211/
https://www.facebook.com/bozemangov/posts/2038669909529928
https://www.facebook.com/bozemangov/posts/2037539199642999
https://www.facebook.com/bozemangov/posts/2036641313066121:0
https://www.facebook.com/bozemangov/posts/2032202953509957:0
https://www.facebook.com/bozemangov/posts/2029194613810791:0
https://www.facebook.com/bozemangov/posts/2028895183840734
https://www.facebook.com/bozemangov/posts/2027465063983746:0
https://www.facebook.com/bozemangov/posts/2025105860886333
https://www.facebook.com/bozemangov/posts/2023974134332839:0
BOZEMAN 000045
https://www.facebook.com/bozemangov/posts/2016436138419972
https://www.facebook.com/bozemangov/posts/2016336381763281:0
https://www.facebook.com/bozemangov/posts/2014479731948946:0
https://www.facebook.com/bozemangov/posts/2007652312631688
https://www.facebook.com/bozemangov/posts/2005497552847164
https://www.facebook.com/bozemangov/posts/2005629782833941
https://www.facebook.com/bozemangov/posts/2000960863300833
https://www.facebook.com/bozemangov/posts/2000941359969450
https://www.facebook.com/bozemangov/posts/1992311830832403
https://www.facebook.com/bozemangov/posts/1989981064398813
BOZEMAN 000046
BOZEMAN MT
PUBLIC SAFETY CENTER
KEEP BOZEMAN SAFE Bozeman Public Safety Center
•KEEP BOZEMAN SAFE BOZEMAN"' PuaeL�lfRETV Bozeman Public Safety Center
BOZEMAN 000047
Montana Parent BPSC Article 9.12.18 On November 6th, Bozeman voters will see the Bozeman Public Safety Center bond on their ballots. This bond initiative would fund the Bozeman Public Safety Center, a $36.9 million facility off of city owned property on North Rouse Ave that would house four major safety departments: police, fire, courts and victim services. Bozeman is growing at a rate unmatched in other parts of Montana. By 2020 population is expected to reach 50,000, and by 2040 census numbers are expected to top 100,000 residents. Many residents are drawn to Bozeman because of safe neighborhoods, quality schools, proximity to recreational amenities and the quaint, welcoming downtown corridor. As our population grows, so does Bozeman’s need for emergency services to maintain the high quality of life that make Bozeman, Bozeman. Since 2011, Bozeman Police calls have increased by 16% and Bozeman Fire calls have increased 59%. Both the police and fire departments operate in cramped, outdated and unsafe conditions. Both Fire Station #1 and Bozeman Police headquarters are at capacity, while rapid growth dictates additional firemen and officers to maintain low response times. The Bozeman Public Safety Center is a 4-in-1 solution for significant safety needs for the growing Bozeman community. In addition to allowing elbow room for police and fire to expand and plan for future growth of both departments, municipal courts and victims services would also receive a hefty increase in both simple square footage but most importantly, safety and privacy for victims and employees. Currently, victims of crimes have no separation or privacy from their accused. They are forced to sit in close proximity to the defendants and to the jury, and there are no secure hallways or rooms to hold and transfer criminals. By investing in safe facilities, we invest in peace of mind for both the victim and employees of courts and the prosecution department. By building the Bozeman Public Safety Center now, residents can save $2.25 million in construction inflation costs each year. Additionally, by relocating Fire Station #1 locations taxpayers would save $1.2 million annually in operations expenses, and would free up valuable downtown property that offset costs of construction. Bozeman families invest in their children each month through recreational activities, arts and musical lessons, and more. A similar investment of $101.78 per month in property tax for the average homeowner is also an investment in Bozeman families, maintaining safe neighborhoods, low emergency response times, and services targeted to Bozeman’s unique needs. Make your voice heard on November 6th, and VOTE!
BOZEMAN 000048
BOZEMAN 000049
PROPOSED LOCATION OF
Keep Bozeman Safe. VOTE NOVEMBER 6.
Paid for by the City of Bozeman, Brian LaMeres, Treasurer, PO Box 1230, Bozeman, MT 59771
8ft x 4ft vinyl banner
BOZEMAN 000050
BOZEMAN 000051
BOZEMAN 000052
BOZEMAN 000053
THIS PAGE INTENTIONALLY LEFT BLANK
Place holder for
BozemanSafety_sm Commercial
(electronic video)
(BOZEMAN 000053)
BOZEMAN 000054
BOZEMAN 000055
BOZEMAN 000056
BOZEMAN 000057
EXHIBIT “C”
EXHIBIT “C”
Scheduled Events
Name Date Number of Events Hours Blue Presentation
Bozeman Senior Center 05/24/18 1 1 Green Tabling
Bozeman Lions Club 05/29/18 1 1 Red Open House
Kiwanis 06/04/18 1 1 Pink Chat
Bozeman Chamber of Commerce 06/27/18 1 1 Yellow Town Hall
INC Board 07/12/18 1 1 Grey Other
Bozeman Police Foundation 07/12/18 1 1
Gallatin Empire Lions 07/17/18 1 1
Lunch on the Lawn 07/18/18 2 1.5
Sunrise Rotary 07/20/18 1 1
Prospera Board 07/23/18 1 1
Fire Station Open House 08/02/18 1 3
Sweet Pea/SLAM 08/05/18 1 27
National Night Out 08/07/18 1 3
Law and Justice Center Tours 08/08/18 4 2
Art Walk August 10 08/10/18 1 2
Bogert Farmers Market 08/14/18 7 24.5
Music on Main 8/16 08/16/18 1 3.5
Fire in the Park 08/18/18 1 2
Bozeman parks wellness in Park 08/18/18 1 1
KABOOM playgound build 08/18/18 1 1
Firehouse 5K 08/18/18 1 0
EagleMount Digger Days 08/25/18 1 2
Biz 2 Biz, Bozeman 3 Chapter 08/28/18 1 1
Biz 2 Biz, Bozeman 2 Chapter 09/05/18 1 1
Gallatin Assoc of Realtors 09/10/18 1 1
League of Women Voters NOON 09/10/18 1 1
Noon Rotary 09/11/18 1 1
Biz 2 Biz, Bozeman 4 Chapter 09/11/18 1 1
American Legion 09/13/18 1 1
Fire Station Open House 09/14/18 1 3
Art Walk September 14 09/14/18 1 2
Downtown Urbal Renewal 09/18/18 1 1
Library Town Hall 09/19/18 1 2
Rotaract 09/20/18 1 1
BDC Editorial Board 09/20/18 1 1
MAP Brewing 09/26/18 1 3
Biz2Biz Chapter 6 L&J Center TOUR 09/26/18 1 0.5 does not need sign-up
Rocky Mountain Bank staff 09/26/18 1 1 need volunteers
Bozeman Climate Partners 09/27/18 1 1 need to send out
Biz2Biz, Bank of BZN 10/03/18 1 1 need to send out
Fire Station#3 Town Hall 10/03/18 1 1 need volunteers
School Board Presentation 10/08/18 1 2 need volunteers
Gallatin Valley Interfaith Association 10/10/18 1 1
Emily Dickinson PAC 10/12/18 1 1
ERA Landmark Realty 10/12/18 1 1
MSU Homecoming Parade 10/13/18 1 1
Biz2Biz Chapter 7 - Yellowstone Bank 10/16/18 1 1 send out
NENA Meeting- Story Mill 10/16/18 1 1 Need to send out
University Neighborhood Assocation 10/16/18 1 1
SW MT Coad Meeting 10/17/18 1 1 need to send out
Biz to Biz Ch 7 10/17/18 1 1
Biz2Biz - Farm Bureau 10/18/18 1
BAR Association 10/18/18 1 1
Halloween at Fire Station 1 10/31/18 1 2
Total Hours 121
Presentation Hours: 37
EXHIBIT “D”
EXHIBIT “D”
EXHIBIT D
EXHIBIT E
BOARD OF ETHICS
Minutes
Thursday, January 24, 2019
City Commission Room, City Hall
121 North Rouse Avenue, Bozeman, MT
Board Chair - Melissa Frost: Present
Board Member - Mary Jane McGarity: Present
Board Member - Carson Taylor: Present
Staff Present at the Dais: Special Counsel (SP) Jordan Crosby, City Clerk Robin Crough
A. 04:17:39 PM (00:06:34) CALL TO ORDER - 4:15 PM - Commission Room, City Hall, 121 North
Rouse, Bozeman, MT
Chair Frost called the meeting to order at 4:17 PM.
B. 04:17:51 PM (00:06:46) CHANGES TO THE AGENDA
There were no changes to the agenda.
C. 04:17:59 PM (00:06:54) PUBLIC COMMENT
There was no public comment.
D. 04:19:06 PM (00:08:01) ACTION ITEMS
1. 04:19:09 PM (00:08:04) Consideration of Roger Koopman’s December 12, 2018, Ethics
Complaint and City Attorney Analysis.
04:19:18 PM (00:08:13) Recusal
Mr. Taylor recused himself to avoid any appearance of a potential conflict of interest, as he was
named in the complaint.
04:20:05 PM (00:09:00) Staff Presentation
SP Jordan Counsel referred to her January 11, 2019 preliminary analysis.
04:20:38 PM (00:09:33) Questions of Staff
There were no questions of staff.
04:20:55 PM (00:09:50) Public Comment
Ms. Frost opened public comment.
04:21:19 PM (00:10:14) Eileen Guthrie, Public Comment
Ms. Guthrie stated there is a lot of crossed interest with the City Commission, and that the Ethics
Board should move this on to Judge Brown to look at the validity of the information.
EXHIBIT F
04:22:11 PM (00:11:06) John Newman, Public Comment
Mr. Newman, with Boone Carlberg, represents the City Commissioners, and agrees with Ms.
Crosby’s written analysis.
04:22:51 PM (00:11:46) Adam Shun, Public Comment
Mr. Shun, representing the Nest Collective, also agrees with Ms. Crosby’s analysis, specifically with
the recommendation that the Nest be dismissed from this complaint.
04:23:57 PM (00:12:52) Chris Gallus, Public Comment
Mr. Gallus, representing Roger Koopman and parties in this matter, he noted several parts of the
analysis they do not agree with, but will be addressed as they move forward. They believe the
appropriate forum for this is somewhere else. He stated this process would be over if it moved to
District Court, instead of the city.
04:26:45 PM (00:15:40) Discussion
Ms. McGarity noted this is different than their normal realm, but the documentation is clear.
04:28:01 PM (00:16:56) Motion to dismiss, in part, Mr. Koopman’s December 12, 2018, Ethics
Complaint, (1) for lack of jurisdiction as it relates to any and all claims for alleged violations of Title
13 of Montana Code Annotated and any and all claims against the City of Bozeman and Nest
Collective, LLC; and (2) for failure to state a claim against all unnamed “numerous public employees”
and against the “John and Jane Does 1 through 30”; and stay further proceedings on the remaining
portions of Mr. Koopman’s complaint pending the issuance of COPP’s findings, at which time, at the
Board’s next regular meeting, or within 30 days, whichever is sooner, the Board will meet and further
review and consider the remainder of Mr. Koopman’s Ethics Complaint.
Board Member - Mary Jane McGarity: Motion
Board Chair - Melissa Frost: 2nd
Board Chair - Melissa Frost: Approve
Board Member - Mary Jane McGarity: Approve
Board Member - Carson Taylor: Recused
04:29:04 PM (00:17:59) Discussion
Ms. McGarity stated she’d like to see what the COPP says before they move forward.
Ms. Frost has read and reviewed materials, and agreed with the recommendation to stay the matter
for now.
04:30:44 PM (00:19:39) Vote on the Motion to dismiss, in part, Mr. Koopman’s December 12, 2018,
Ethics Complaint, (1) for lack of jurisdiction as it relates to any and all claims for alleged violations of
Title 13 of Montana Code Annotated and any and all claims against the City of Bozeman and Nest
Collective, LLC; and (2) for failure to state a claim against all unnamed “numerous public employees”
and against the “John and Jane Does 1 through 30”; and stay further proceedings on the remaining
portions of Mr. Koopman’s complaint pending the issuance of COPP’s findings, at which time, at the
Board’s next regular meeting, or within 30 days, whichever is sooner, the Board will meet and further
review and consider the remainder of Mr. Koopman’s Ethics Complaint. The motion passed 2-0.
Board Member - Mary Jane McGarity: Motion
Board Chair - Melissa Frost: 2nd
Board Chair - Melissa Frost: Approve
Board Member - Mary Jane McGarity: Approve
Board Member - Carson Taylor: Recused
04:30:52 PM (00:19:47) Discussion
SP Crosby stated that findings and conclusions need to be issued in the future for the record.
E. 04:31:33 PM (00:20:28) FYI/DISCUSSION
Ms. McGarity referenced an email she received about how to file an ethics complaint with the
board.
Mr. Taylor asked when they’d like to do their ethics training. The board and staff discussed in
some detail.
F. 04:38:15 PM (00:27:10) ADJOURNMENT
Ms. Frost adjourned the meeting at 4:38 PM.
E
X
H
I
B
I
T
G
EXHIBIT H
e~~
hte~ ~~~ ~~1~ ~~:~. 1~~~~~~~ ~ ar~l~~.~ pia
in ~ ~~a~~~~~~ ~11av~rr~ ~erzz~~ .~I .acre ~`al~~~~ stn tc
e nt~~ ~~~~cates ~a ~~`f ~r~~~ ~~r~x.~ ~ ~nt~.~
s~ ~'~es ~~ city, rf~t ~,
n~r.~~~r~ ~~. ~~~ ~~f~rr~ati~ ~~v~.~ c~ ~ aai~a~le t~ tie
cnc~. ~i~c a~~ ~~ is a~t~.i~.e a~~ ~esa~ ~ a~ ~`cal's e~cc~
EXHIBIT I
m~l~~~ r~~~l~ ~~~~~ 1~~ b~~ ~i it its ~ ~.
nit i~~ ~r~~.e~nd~.t ~t~~~ta~s ~ t~ ~t, i ~issia~e~~ .
lIu.~~.1 ~u~~r
tit ~f spouse ~~ c~~d ~f ~. ~ff~~ial ~~ ~n~p~~o~e; t~~.~ ~f ~~n~
ct~ct~r ~ ~~~~~.r~.~toz~ ~f the cite . w~i t~l~ of~ca ~~
e~~~I~ ~. f ~~ r ~ ~.~~. f ~~ Baas
sec +~r ~~~ect ~t~r+et t.e r~t~r, r c~~r~ai cif t~ ~r
tree ~~.t~zest•
p,~r~.i~t~ f ~~,~ rye s~us~ ~ c~~1~r~..
f1i~.s" ~ffe~r ~c~ ~r~er~ f tie ~t~ ~.r~~es~ whether ~+~t~
t~~ ~vhct~i~r ~ u~~, ~r ~~'rr~~~~t~ t~n~p~i#~ tt~:t, ~.
Persc~n~l ~~.~er~st~' ~zeans ~ntert ~. the ~m~r rhzca ~~ aff~et ~~ ~ti~ of
t~ ~ff~c~ ~r~pl~~~ee ~~~ ~.~ nanc~al r~t~r~t, are ~t~er t~ ~n ~teres~
ec~.~s~ ~ rrlbe~sh~p ir~~ ~r ~~.t~r~ nth, t ~;~~~~;~e~ ~ so~a~~
fr~te~a, +~~~r~t~,b~, s~r~~e~~ e~e~al, ~~~~.~, ~r~~rr~e~a~ hc~th ~r~~~
pl~~la~~t~~c~ ~c~tal, s~r~~° ~.~ra~r~ ~n~~~tut~c~~. ~r~atl~~..
e r~vn~~' rr~ea~s ~ffi~~~~s em~l~ve ~. f ~~ ~n ~~ tzar
r~~~t1~~.~~ offer of, +~ the ~Ie, ptch~~e, f ~~~~ cif, and
rsc~r~a~ ~ ~, ~r to ~ ~~~r~ t~ xrect~ ~~rt~~ ~s
r~~ ~.. ~ ~~ntr~.~t~~•, st~~c~~rctar, c~ter~~ise~ fir the and
x~~Cr ~f ~ ~ f such Ater ers~n ~ ~r~tft fir ~~l~~t~e c~~sr~crat~n.
it ~f~e~s e~~e ~ ~ t~s ch;t~~•
f~"ici~.~s ~np~~ ~ ~~~~~.t~~ t~ ~~~ ~~~~~ and €~n~stl ~
schr~ their ~es~as~~~~t~~•
t~tics ~~~~~tial~ air, a tna~k ~~~i~.ur~ e~z~t atta~n~~,
a~tair~~ ~1 tn.r a~ ~t~~ucti
e~np~~+ ~e~~v~n are ~. ~~t~~~~ acnc ~ c~e~t. t ~~~t~
trr~r~er~~ u~, ~et~ ~ar ~r~i~~~g his ~~ a~sc~
to ~ecur~ are ~anc~~~ nt~~~st ~ c~,~c~~l nt~r~st ~`a~r ~~s~l ~t~r.
r~~~~rce ~ha~, ~ , use ~r arrl~t t use his sits t~
iprape~lF ~a#~t~e~lc~ ~ ~thr ~`~ci~~ ~.+~ ire tie r~r~.~~
a u~,
shl ~ in ~._ ~~a~ ~ ~na~rs that tl~~ r ~~ .
xis ~~~b~ ~° a~ ~~ er~~~~r~e~,
f~c act ~~ ~. ~~t ~~~~tv ~ ~~tt~r ~t~d. _~~~n a ~fi~c~.
r+~s
ic~~ ~~ e~~+~ ~1 u, ~~ ~t t.e use ~~~ ct~~~~~ ~, eu~ae, ~~t~ri,
ctt ~~a~tle aI u~ ~~~e ~~~ ~r ~n~ane el~~ ~ be u~~ ~. ~ a~u~~r
r~~~ ~tat~ tt~t~ city ~r~.~~~~c~~ c~t~~ ~~ ~~~~~ .1 be ~us~ it ~~e
c~l tc~ ~r fry ~~~ae, ~~t hen sup use rs ~` the fit ~t ~ ire the case of n
er~p~~~ ~~~sr~~ ate ~pl~fe~ ~~~~r~ cur.
t ~~`~i~~ ~~ ~~epres~r~t the it o~~r~r~e~nt to the u:ic. ~~ i~ caz~ta~ with
tai u~c, ~~ ~~ en~l~e ~ut'~ar ~ .~ i ~~ ~~ pu~~~ se~~~nt~$ ~~h r~~~~r
c~ ii,~ ~r er~~+~~~ cna~ ~~ e~.~ t bu1r~~~ ~~hrch ~c~~i~t ~.
an~; f~r~a~~. or i~~rest s~~~ acs i c~rati~~s c~~cerni~ e
t~~u~ali hers ~ ~~t~r~ the ~tte~~ ~~~ _~~ c~~~~r~un~c~ .~~t
suet ~.~~`'~~"1t~t ~~ c~'sc~n h rl~~ p~~t~c~p~te ~~ the ~~+~. ~~ ~ ~~ C1. '~UC~I ~Tk
c~n~~~~, deer ~ una~, ~.~ ~~ ~ ~.~~ ~n a1` ` r~ ~nc~~~~a
r~ti ~-~ `t~. ~~, ~ ~ak~ ~ ~.pcat ~ctns frame ~.y~ cta~ c~
i ~~~~~~
ici~ ~m~e ~, v~~th~u ut~.~r~ ~~ ~~"~c~~ntl ~n.al~rr~ati~
t~hc per~~n~, r~~c~~ c~~~ ~, .~~~r ate cite
err~pa~c ~.al~ ~~~~~t~~.l n~~~.~t~i~~ ~v~r~~~ hip a~a. icz~
n.a ~~.~~~~ ~ i~~~~: ~sar~al i~tc~et~ ~` are qtr
t~n ~. ~~ ~ s~~ i~t~et ~~h~h~t~~ ~. ~a~r+~ in.` ~~on,
u~r av~ to ~~ ~~.
rare, n~. '~
o'fc~~ en~p~~e ~~ ~~~ ~~, ~a~:~t~ ~ ~~~ rrri ~ ~~~s~r~ ~~ ~nti~~ ~ s
gut ~ ~a
h~ Ethics ~~ s~al~ r ~ ~~~~ ~ t~a~ i~v +~c~~ssfo~ ~r~ar~c~a sc~~se tatcrrl~~t
arz ra.d reco~n~r~~tla~s far ~~ ~c~~lin+ ~ioc~u~~ ~r~d ~~ r~~~.st i~c,
ad~~r~~trati~~ ~~ t~ the ~ s rr~a ~ n~ecessar~ Te~thr t ~ r tie
it lark ~h he ~~~ ih~e ~~r a~a~~trr~~e~t . gar r~err~t~r,
Thy ~~ar ~hl~ ~n a+~ti~~ tc~ its ether ~t~~s
t e~ ryes ~~~ ~ ~t ra~~~~.re~ ~a~~. r~~irt~ ~nr~u
eca~ eta ~~rhi~h rules shad h~e ~.b~ect to~ ~ rya ~f the rr~i .
ca~af the rubs shad ~ ~t~d ~~~ the ~.r ~' ~~ ar~d
a~c~r~r~~ste~• ths;
ndu~t h+ear~n as needed t~ hear ode s~ee~a +cases In which ~. ~~~ti~~
this 'ha~ter_ar- vi~iatl~n ~f Title ~ ha~t~ y Part t~~ of 1'ar~ta~~a +~~~ t~tate
tlee.~ h~t~~i ~. cases ~ r~~ c~rni~:i~~t ~r ~ brou~ ht ~ ~~ ~' ~~ rx~~ti~n;
a~~d
itez• than lecehcr ofc~:h fir, s~.~bi_a~ an~u~.~ r+e~p~ t~ them ~
c~~~~rnir~ts ~ticn ire ~~.~ ~~~~~din __~cal~; ~~ ream shah eor~ta
a un~m.ar~ c~C its decisi~o~s and ~p~nlo~~sj hath open ~~ c~nentla; the
r ~h~i~ an~~ aiteratior~s the ~umma~ Ies r~~ecessar~rev~ent ~dicc~sure _,~~ ar~~r
c~r~~d.tia~ l~~rrrlatc~ ~er~azr~r~ tc~ are ir~d~~Tr~at ~~ tt~ are ~r an~at~ ~~'~~~~ dise~os.~c
c~ld_~~e~.d to the_i~la~~,rc ~~'the idea ~` a cs~~ why ~~ e~tit~e cif ~d~~~t~.~t~na~d
zl end 1e ~islati~je ~-~ ~rrz~r~istrat~~~e actions ~~e~a~di~h ~1t's
c~~~eies aid r~ctces ~~hic~h the Board believes ~~ani caul dance ~~ cthrc
en~irarr~nne~t in_~vh~~cl~ ~~l~lic_ser~ar~ts ~v~rl~; and
cstablih ~racess ~~~i ~ stenlaticall r and c ~~la~l ~a~~~~~i .~ ~~ niicant ~. ccts
l' the arnxnlstrat~on and le~nen~:atl~t~. cif this h~a tee which hl ~nc~ude ua~
cvie~~f ol` the :dull sc~e ~ratic~r~s ~a'the oard_~.nd xts proeed~.r ~ v~~hic shall insure
that the hoth the hlic at1 all ~hllc servants ~ revi:ded. a ~eas~anable ~ ortuuni
enc~a~ura ed to ar~~ci ate ~n the rccess+ and
resrle and ~~n~.~e av~ilahle ~s ` :rer this ~~ ter° and
hen it deeps It ~.prap~jite, ~`+e~nest the l ~~ assistance cc~n~~e~l
the r.-~ctian ~ docu~x~ents and witnesses t~ assist the Saar i~ the c~nuct ~` ~
znvest~ at~r~.
her~ c~rc stances ~nal~ it necessa ~ to d~ r+etair~ outside ~ al ce ~ and other
sex er~~ as ~ee~__a~ter scl~c~tatlor~ ~~ rec~menato~s r~r~ the ~ tt~orne :mess the
r~ee~ t retain eutsie ceunscl ~ ca.us~e~ h~ convict in~~ol~nt~ ~ t~~tc~~~:e' +f~ee}, are
u ~~ a r+oal h the o~ernin hod ~ Ufa centra~ct `car ser~rices a reed as ~ c~rtn h file !i
ttc~r~le'~an~
sere ~ le al custean the aard~s rears ~ acce t ale ~n~.lntaln ~~.
administer ~. accer~.ance with alb a liable ~ lnrn~at~an ~•elated to the u~ oses
haters aid
c~r~e ~ a.taf~ ~ ~r~~~ t~ ~.~ ..~i~l ~~la~~r tate~~r~~et1 ~
th the ~. tQ fae~litate ~hc acne. t~ ch staerr~ent;
lay ~r leet~~a~n ~ ram ec~ea~e uh~e ~er~~a~ ~~ha
ra`eet t~ +~~~~.~nan~ and the ~~e ~ot~t their rz ht~ d~~t~es a ~ a~sxb~~e
here der; ar~d
t ~~~ ane .~ ~~ ~.the cfeetie date of h~ +~rd~~an~e, sit to ~ ~v~i
fix ~~ a~p~~al az~ ~~~o_~t~~, an ~~h_~_c ~n~bo~~ ~`ar the u~~ a~ ~~~ srv~
and the ~~ tie ers~nnel de a~t~ne~~t ~ha~l doe~ume~t that eaeh `~ ~~eer and em la ee
reeei~es e `the handb~a~ and ae.a~~Ie~ ~ reeei of the hand+~c~ ~~rit~~ ~ ar~d
eot~rdir~at~an ~~~~~~ the ~ ttarnc fit ° a~l~. er and aher a ~~ ri,e ~ r
erg e~ array e :~~• ~ ea~~uet ~f a~~ ann~ai_reha ~hieh h~.1~ serve ~~ an e-~re~ta~ior~
far ne~~ Baar ~r~e~her aid ~n a artunr for ~ ~ere~eed e~t~ers to fare s ~~~
issues rn ~~ th• attendance at hip ~~~Qr~:~ha shad he made ~_candtia~ afser~~ice a a rneher
afthe hoar a~~± efe~e t i~ afftce ~ar+~ r~e~er•s shall cer~~t t~iea~~el~cs to attend it.
lie ~a~d ~na~
e~nd~~et hear~n a ~t detex~~e s ~ a~y~at
a a~ee~"tc~1I1 uhllc a I~~a~~s a ate 1nf~ormatlan ~~ the er~era~ ~tlie
er others ar~drn an as eet c~~`the i ~~ ~thies olYere ar z'aettees~ are
ii for a~ ~_ather ~ ase _l'a~: vhleh the ~ ~s authc~~ed ~o eandt~e
res ond, as it dee a ~ rate ~a re uest~ ~~ c~~~etial adisa i~io~s`
rr~a dee~lne to rer~~er n a ~~ ~a res to are ~c ues~ ~: ~ ad~vrsa ir~la~~!
render _a~ hli~h Baal i~ians ~ after ithi the sea ~ ' the ward'
th.or~ ~ ~~hieh It ma r deed a ra ~iate• tl~e ward tea. i.tiate o ~~~. ova ~~ ~~. ~otia~ ar
e~• ~.~. ~ar~al a l~la~ shall be i riti~ ~ ate
rear are: ~phlis s~ec~a~ re~~r~s~~ee Teal _s~~d~ess ar~d ree~re~:da~o~~s t~~f~r~her
the ~fthi ~rd~~a~nce~
est rear ~i~YO~~
person ~ ire copl~~nt with the hoard, and anp~.ih~i~ reran repectl~~ .public
car 1Jllii~~ ~u 11V 4r'J, ~ ~~ty
ental bad rna pest o~'the BQai~d . etlc~ ini~n ~~hetller a `~ ~ o lnlc~n
c~nf~dent~al a~isoz ~n1~n ~~ ardin the rie of ari ratter or ~n~tters +~ ~vhieh the
e~~n ~ ~~ rah becorrle ~. pa~~ a~ld any eisin n~a~er, ~ the eansent rosp~e~t~e
appointee, n~a~ request "the ~oar~ an et~~.les +~pnQn re, ~r~prie~ matter to
vhc the ulc servant ~*c~s e~~~~ u~ ~r~~t r for~n~r ~~~c ~v~:t is o~ n
r~uet €~r Baar actian shall be ~ ~ltin, ~. shah be ~;nd h pan. ~n~:z~a h
1•e pest.
he oat ~ nit h~~e the a~.~~horit_t±~ reverse ~~ t~theris~ ~aa~i ~. prior ct~n f ~h ~ac~,
a~~rnl~i c~fficr ~ en~pl+~~e~ of the ~ . ~ ~~{d. fez ~l•ier ae~iar~__~o~'t~ie la .
overriln bob , +~`er or em l~o gee t hay been ehrca ~~ ~ cr the Baard n~a ~ ~~ie the ro riate
a~~tles t~a# tie ~ct~~~ h~u~~ ~~ ~~c~r~s~e~ed, o~. ~ a~~ce b the ~~rd. the ti h1 ~~e
eec~nsi+~er b tie a~propriatc persar~ or ubie b~d~~. ~f the Beam detern~.lne ~~ exlstin e~ntract to
he ethicall ~ ra Vii' after sash deterr~~inatian ar~d ad~~i~~ ~~~ the Bt~ard tl~e alt l nl~ ~~old or ~~e
teninat~on of the contract i le all ermissl~ble. the ~aa~°~ ~~~a r~~'er a tte~~ t the ~~ . A.ttr~e der
re~~ie~v ~c~r~~e~•atic~n `or ap~•o~riat~e action. ~.~pon ct~r~letion of i'e~rc~ gild consideration the ~t
toe `s e sham r ort ~n~in s tea the oai•d..
at the re asst erson _the ,ttorne ~~ reride~~ an informal or a~.v~s+~ ~ o inior~ ~ith
respect the p~•c~seet~e comet of such person. informal avso~~~ opinion need nat be
lcri r~la be r~~vled. trectl to tae re uestor of such. lnlon~ re pest ~i~i a fo al
Viso ~~ o in~on must e ~~~riti~~ and ~n~clud.e the infar~nati+~n anal dacuie~its rclatc t~ the
request. rl,he ~ suet elthe~: an iril`ai•ral or fa~~rnal ad~i~~rpinlon must state all the uteri
acts ~ the Ci r ttarne ~ ma rcnd~er a com lets and cc~~rect o inio~. The i Attc~rnc
1`o~al advisor o inion must be in vvrltln , 1~othin in this ha ter shall he eenst~•ued to
ahibit request far an opinion b~~ any ~-~b11e servant from. the i Att~rn~~ reardin
potential cn~Iict ~f ~nterest. neither re~que~t ~ ~ r~a~a~l ~ar fo~rr~al ad~vls~r~~ ~ inx~~~, nor
the mal~in o`_. ~atement e~neernin~p~tential c~r~flict of interest rae~b~ meb~cr t.e
i ~ ~ss~or~ in the course of absta~nin frorza votin or ral~n a rr~ation ~f cl~-rec~~
shad create a resu.r~l tion ~r inference that a ubllc se~•var~t actuall has a ~ersonal ~:terest in the
after a+~ut ~~hic the: o inio~ vas i:e uested~ ifthe i tt~~ ~ elects to ~ei~der an :mien
the its Otto: e sha~~ within a reasonable time, subrr~it . _ ier~ sunlnla of`e ,l~~a~ to e
Ethics Boat•~ fc~r the B~aar~~ in~'ormation~ ~ the ~ t~~e declines to rene an ~ ~~
ath~n sell _ecude the erso~i re u~strn the. Q inio~ rr. re u~estn the Ethics Board fear an
in~~~1.
B. ova ~~lsor ~ Anton issued ursuar~t to "section .. ~. + xna be relied u ors b ~ the erso
directl involved in tl~e s ec~f~c transaction ~~ a~ctivi to ~~hich rush ~~rso o ii~ior~ has been.
ssued+ anal. an ersor~ directl in~a~ved in an s selfis transaction aetivi ~~hich i
r~~sl~nuxshale ~. ~. ~~ ~te~~~~ ~~~cts ~c~ tie ~`~.n~~ct~a~~ +~~` ~tl~V1t'~ `~` re~eet t~ ~~hl~~
1~. er~~n m~ 11~e ~~te e~ l~r~t ~ ~e~ ~ar~ Frith the ~ `l~r
ati~n ~ this ~~ tee ~ ~~~~l~~.~- ~'~t~e h~ ter ~. ~(~ a, ~t~
otate.
t sill ~ ec~ t~e__ r~~isia~~ ~°this a tee ~r r~~aisans ~'~te ~ tee , ~.~:
Ii~or~tar~a ode r~nc~tate~d ~I1~ . t~ eery ~io~ate and act ~~~ ~ to c~.tit~t
ithe ~~~~atrt~~~e
r~e~ei - ~ hint but ~n e~e~t ~t Inter t~~~ tree ~v~rir~ a after
t, tie ~ erg h.al~ ackr~c~~~~1e~ ~ ~~~ ~ t~ the ~c~~n Ia~r~a~t s ~ fa~~Tar~ the
e~ faint sir~~a.lta~~e~~t~1 to t~~e c~a~i the ~~~~~ ~~~~ ~ e~rz~ ~~.~e a~~t ~ the t
ttorne
The ~~ ttc~~ halir~~i~e the ~ pit rli~in.~~tte~ ~~~~ ~" e.~~a.I
ate~ a~ Lhi~t ~ ~ ~ ~~{~r~~ the ~ ~~i ~c~ la ~ ~~~~ ~~t t~~~ ~ r :I~~.
t~rir~ an ~~~~~ ~~~~~ ~. ~rr~ an hears ~~~iic ~ eaete~ to ~.ete ~ whether
v~alai~ ~~ h t~:r ~~~iatr~ ~ ~'~~ ha tee- a~ ~ ~~ I'c~nta ee
tae~ ~ oec~~-re
F'. The ~~~~~~. z~ir~i 1e hail a ~ t e~~i~denee ~ c ectic~ ~ Merin ~n~uet - the
aaxi;
Bear all ~~ ~e c~~ ~~ adhere ~ ~at~.t~ ~~l~es C, b~ shall
f~ae~t~ll ~ ~ ~.i~istra~i~~ ~~i~c~, and
1ur~r hearr~ co~.u~ted the hoard to .eeie ~vllether ~~~latlc~n af~hs
lrlnac~ has ed all evidence r~cl~di~ ~ertie es ~~cor icy tie ~r
si~.ers shall ~~ ~.1~_~offerd ~~.~ r~ae a c~~`~hc reec~rd. in the ~raceed~n~~~a~,
The accuse +ar ar~~ ~ot~ers~~ ~~~ inytitio~, sal ~e al'~re ~.~euat~e
a~e~~tur~i ~eh~u +~ ~`~` c~~~eailir~~yi~er~ce; ~.
The Bard shall i~forr~ the accus~ed_ar his ~~ ~:~ c~t~nsel ~fe:~cul~atar~ evidence
ts_ _~~sess~e~; ar~~
The sta~dar. e`ey~e~ce in he~r~ s~duce~ r~er ~ chapter ~, l~r ar~d
c~nv~i~c~~~ e~~cc a.l~ted at the heari~~,
The ~~._~ i~ .~~ ~ ~~ ct~~er ~e aid peers, a:
a he~r~~ ~`ic+r t conduct hear~~~s under t~.~s haper~
th the ~+~v~~ c~ tl~e ~~rex ~ a ~uti~.e le ~1 e se ~ ~the~
e~~~e~tsas needed with respect t~ hearr~,s acc~ra~c~ with ~ts~lic~cs. ~I'~~e selecien. f
laearir~ ricer and autsie ce s r~ th experts ~~dr tact fQr s~.c ens al
made at+~r elietaton ecornn~er~clatior~s frorra the ~i t~~rne a ~. . a rc~val b
the vernir~ dad o a c~n~rac~ fir se~~ices a reed a too fyarn ~ tic ' o~
estn~~rl~,~ tt~ ~e al~er~ h~~ dcp~asit~or~ ~~~ ~. ~ ir~i~ri~.r~~l ha ~s deli r~atcd h~
the oar are in such instances, to cQrr~pel testir~er~~~ are the pr~du.cti~n e~ience to the
e~te~lt it is otherti~vse laf~all atl~cri~~e~. t~ ~ ~d
U1_r~ ~ ' ~r~C~r~ t~ ~~Il ~~. #~~1 ~Ch a~"ts ~~ ~+~'~ t~ t~~~1C~1~S relevant
to the pr~ee~ir~ ~ ~r~~ductc ncl~er hls chapter a~_fi~ie Board mad pr+~~crle~ s~eh suhrr~iss~on
to e made ~~~t~ ~.cl~ p~~i a~ u~~.c~ path ex ter~~~se as +~a~~ rya et~e~~rn~~e~ a~.
re~ues__an._ c~htaln row ~ department ~f eyenu_e~pies, f state inco~~ tai
ret and access to ether apr~ ria~~e an~drrn~.ti~n Aerie der state law ra.rdin all.
ersan,s ~~ho _~ s~ahject o~`s~h in~°est~ at,n.
The om lame. a ainst shall have men ~ from. t.e after the Ci ler
s the CC~rx~ la~xlt a~ the ~' tc~ ~~~r~l~t a'~~4~`l~trl reS OI~Se t~ t~l~ ~ la~nt r1~1!~' tI~ the
Boa~~d deczdinet~~e~ to hold a hGarin . ervic~e rr~a be_eez~:i~cd ~na~, ret ~~eeit a
fast ~~~ dress ~ty ~ca~rds oz personal s~eryxce.
to com.p~a~nt is sm,is~ed, the eomplainant~s shall lave ~ ~p ~~t ~v~l~i ien ~1~.
aotl~ tiisrnissal ~~ end e ~co~~~~plaint and to ~~ele ~ with the Bca~;..
t~~nr~ re~~~est ~~~ ae~cse~d, ~~ its ~ot10~.~ ar upon re~q~uest ~ the + ~~ ~t~ tl~e ~as
shall lss~ze sub oer~~:s try cam e the atten~anc~e o recess ~~esses.
fit the r~e~t lar ~ its. phi ~ ~ da s w~iicher is Moller oll~in r+~cei o
the i ~ ~ttoe 's ~ ~ oars Ohl re~e~ eor~s~der the ~ larr~t aid ~ i
ar ' rya ~ ~~. 1~ h~~r1r1 1S t~ he~~ sh~l yet date ertaxr~ the h~i~
thin 3 ~ unless ~c~c~s~d e~tons `~ .~ the o~r~. cor~~nts later
ate -
soon. raeeahle after ~VI1] ~.e orlsxertlc~r~ to e~ lar~t ar ~~` hearrr~ - 5 held
a~~ter the hearil~ the yard shad take ~.n aeti~~ ~ cornh~n~.t~on ~` ~~~~~~ ~~hieh it ~:
date _~d ~~ it ~~_ laFfull . to take lncl~~dl~ , ~~. ~~~nrte to the
al~~~~r
sr~~is the._ce lar~t . ~~~ an ~ the ~~a~~r~ xour~ds;
1 t ~ eo alnt got alle e fae~_ su~l`fiee~t tc~ eo~ntltute ~olatz c~r~ ol°hls
ha ter la~latio~ ~ ~'~ ~~~ ter ~ ~~ ~ t of IVI+~r~tana ~lotated~ or
i the ~lT' has r1[~ ~1~r1C~1~~ ~" t~~~ ~'; Or
i~} allre the ec~rnp~air~ant t~ eooer~te the Bar.' ~~~~7~~~7 ~~~
or~~der~.~l~o o~the ea~~~l~lr~t, or
tl~~ +~am ~~al~lt 1s del'eetive ~ ~. er ~~hieh_ ~esu~ts e Board hei~~ ~.ahe
t~o ~nae a~n ou1~ eterlnatlo~; ar~d
dete ~~e that n~ ~+~io~aon_`thi~ +ha -ter or v~~latr~r~ ~`~I'tle ha ter Pad
ontan~ "ode .~:~notated has oc~ct~rred ~~
deterl~~~r~e that the corn~la~n a~~e cs facts sul`~"~c~ent t~ CoI1~t~$~1 a ~'~oat~c~ ofth~s
ha ter ~~: ~~alatlon of~tle ~`~ha ter ~a~ t ~ 00 o~`I'ontarla `ode rotate ~~ tlla~--
Boar ~~ill eon~~~ct ~ hear~r~ in ~~h~ch base tl~e Board shall ro~r~ tl ~ send ~~rrtter~ n.o~tiee of
such etel~nrn~.tor~. to ~~ aee~a~e ~ the ~~ ~e tie e~~~~z~t; ~ar
ete~rt~irle ghat fu~~tl~er ~r~~orrilaa~: rest he _c~~air~ed in order for the Board t
dee ~rhet~~r the cor1~ la~~~t alle es ~'aets su~cent to e~onstitutc ~ ~ial~t~on ahe a
car ~~~o~ati+~r~ o`rl~~tle ~~. ter. ~ Pert of ~'Ior~tal~a ~tated~ ~~~~
l co~~ct its oy~~~ lr~vest~~ati~t~ v~ith res~eet toy ~. agile ~cd ~~1~Jl~t1i~I1;
se e~ule the ~co lid ~~ ~~her re~xe~v and. e~nsi~eration at ~. utr ~e
eer~alr~A 1~~ hieh ease the Board pia ro tl send ltten r~t~tce ~f Leh het r~~t6~n t
the aeeus~. and to the a~ ~~ acl the eo~~pl_axt~
i,~ re~`er the eorplalnt to ~.~., ~ ap~rr~ate autho~~t~es fir crlr~~~~l ~nv°est~~ or
refer ~~e corn lalr~t, ~l`t ~ e_ t he sul~staz~tiate to the eou~ ~ ~attor~e ~ or
eat attc~rr~e~, firpr~seeul~~ ~~'
l refer the c~1 lair~t ~ with the Ford"s ~n.ln s and cc~~elt~sl~s to
ro rla.te arr~iz~ls~ratl~ author~t..for dlsc~ ~i~~at action o~# over suitable re~eial aet~_~~
the hoard altou ~i it has ~~ i~lde ende~~t a~d~~~ir~~stratl~~e authori a 1~ae are
rec~r~~era.datlo~ t~ ~ fit ~ a.lnistrato~ at a~. e+l of su e~lslon i~'the find ghat
the rec~rr~mendation r~llZ ~d~~~C~ the o~j,eeties o~~ this ha~t~ ~jhetert~ ~rn~~~t~~et the
reea~endatl~r~ Ana ~ he ~eeidd h ~~rhatever ~~s~c~n rn.ker is authorised urn-der the
ciret~star~ees+ if it ~ ~detez~~irle~ that ~niseonduet or rnal~ea.sance has occt'ed the Boar
shall re~`e14 the utter- t the fit f ~ar~a er i - oe ~.~ t~ the t~~~er~l~ hod as
c~r~cuz~stane~es ~~I~"~11t~.
ter it has ae its ~a~ cleterr~~~~10~ the oarcl shall lss~e its ~~rlt~err ir~dln
act and eoncl~rs~or~s and ~~~~ ~ %ssue an: r additio~lal re .oats o 1~io~r~s a.r~~. reco~r~~nen~at~ons
it eern.s advsa.hl ul~det, the elr~;ur~lstance~ ~ 1~, re~~~~ts shad h~ ~n eor~~pl~anee ~~iith
state ~. e la~~s c~verr~in ~con~`i~rt~alit , ~o~~ternet ar~d tc~s. ~ ~~eh re arty
shah h ~e~ee h the ore ror to their i~s~.~ce.
at~e tc~ ~ eecte c~~ a +~rnte ~e~~ are le ~ tie °' ~~th t ~ a~~.
t~o~rer~~in ~d~- take aeti~ t~ re~n~e t~~e off"ic~at ~~ aee~~+~ace ~ date lair.
r~~ t~e~nt t~ ~~~.~~ with ~~a._~er~lbe~ ~ ° tT. er~r~~~~
t~ ~; r~er a~ ~ tie ~~.star~ce ~t~~ ee~~~.rriu~icatie~. to ae ~a~ tin the
t tic ~e~t r~r ~n~eti a't~~e aar..5
on~~i~~i ~ oared nfo~*rna~~vr~~
A ~~~~ ekes a ens t~ r~~ake ube e s~~st~n~~ ` ~r ~-r~iox~ a~isa~~~
D ~~[~~ ~'e ~~este e~ ~~a`~~'t~~at ersor~ rs ~eemet~ t~ ~~av~e tie c~~cler~tla~ . oft.e re oast
car ~ av~s~ ~n~ar~ and. of a ~c~rds ~bta~ne ~ x*~e r b~ { t ~~ in ~ ~t~~ ~ the ~•~ ~a~st
a~ ~.__~~ ~~r~to~.
a~t~~n r~~,~~ to ~~ ~ ~~ ~ ~t ~ Is ~ ~d ate ~ r r ~~~~~t this
ha~p~er is aIe~;~~ to t~v~e o~cur~ e, a~.d c~~aznt al~e~r~. ~ ~~ia~at~~r~ r~u~~ ~ ~~le~ ~~ ~~e ~~~r for
the date tie ~~r~l la~r~lt s ~~ ar ~~1~~~ l~a~re e ~~'te ere~a title ~~ to ~ a ~~~ati~~~~
ecior~
e~~r
reolut~~s, ~~: ~. egos ` tie ~~e~r~a~ ~~ca~ + ~ ~ ~ ~~
eon~et e~e~~~tl~ are reeled.
c~rc~~
x~~s~o
ce ~~s .~ ~, r~~; ~.~~~ ha ~~.t~r~e.~ ealtie~ t v~e~e ~~~r
lC~~~~~1 ~.~~.~~ ~ ~~u ~ ~e~`~`~e~lV~ X115 l~G.
v~r~ 1Y,
ortr~ ~'t~ ~ri~.~r~c ~ i~~~~~~ ~r+~f ~. ~r c~c~~~nst~r~ce
in~ai, ~ ~~~~~~t ~ ~~t or r~~~ ~t~s c~rc~~.a~c~ ~~~ ~ i~ven ~~~~ec~ v~~~~c~ut
z~~r~.~1 ~~~s~r~~ ~~~ca~~ gin, o ~ end, r~~v~`~~s a his o~~~~e ~ e~r+~
v~l~m
c~a
r~rr~~ssr~n ~~`h~ i aB~aze~~, ~~~~~ ~ re~~~ . r~~r
1
S AC~ LMEI
City Clerk
1~`':
i I',
1 i~~'
TACY LMETl1
City Cle