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DIVISION 4. - CODE OF ETHICS[51
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.
(Code 1982, § 2.01.010; Ord. No. 1240, § 1, 1987; Ord. No. 1342, § 1, 1992; Ord. No. 1537, § 1,
5-29-2001; Ord. No. 1726, § 2(2.01.010), 11-26-2007; Ord. No. 1759, § 1(2.01.010), 4-20-2009; Ord.
No. 1775, § 2(2.01.010), 12-28-2009)
Sec. 2.03.470. - Definitions.
A. As used in this division, the following terms shall have the following meanings,
unless the context clearly indicates that a different meaning is intended:
1. "Agency" means the city commission and all other agencies, board,
committees, departments, and offices of the city,without exception.
2. "Board" means the board of ethics.
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.
4. "Direct advantage" means a gain or benefit to the former public servant; the
public servant's present principal or employer.
5.
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"Employee" means all individuals employed by the city and its agencies, but
does not include independent contractors hired by the city, city
commissioners, or any municipal judge.
6. "Financial interest" means any ownership interest, contractual relationship,
business relationship, or other interest which will result in a monetary or
other material benefit to an official or employee, either tangibly or intangibly,
which has a value of more than $15.00, other than the official or employee's
duly authorized salary or compensation for the official or employee's services
to the city, and which interest is not common to the interest of all other
citizens of the city. The following financial interest shall be imputed to be
those of an official or an employee of the city:that of a spouse or child of an
official or employee; that of any prime contractor or subcontractor of the city,
in which the official or employee or any member of the official or employee's
immediate family has any direct or indirect interest as the proprietor, by
ownership of stock or partnership interest.
7. "Immediate family" means spouse and children.
8. Improper governmental action.
a. "Improper governmental action" includes any action taken by an official
or employee during the performance of the officer's or employee's
duties, regardless of whether the action is within the scope of the
employee's employment or the officer's duties, and that:
(1) Violates the standards of conduct listed in section 2.03.490 or
2,03.510;
(2) Violates the standards prescribed by title 2, chapter 2, of Montana
Code Annotated (MCA 2-2-101 et seq.);
(3) Is intended to harass, intimidate, or retaliate against any other
employee, official, or any member of the public for the conduct
protected under this division or state or federal law;
(4) Violates a fiduciary duty to the city or its citizens; or
(5) Creates a substantial or specific danger to the public's health or
safety,
b.
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Improper governmental action excludes personnel actions, including,
but not limited to: employee grievances, complaints, appointments,
promotions, transfers, assignments, reassignments, reinstatements,
restorations, reemployments, performance evaluations, reductions in
pay, dismissals, suspensions, demotions, reprimands, violations of
collective bargaining or civil service laws, or alleged violations of
agreements with labor organizations under collective bargaining.
c. A properly authorized city program or budgetary expenditure does not
become an improper governmental action because a reporting person
dissents from or disagrees with the city policy or decision.
9. "Officials" means all officers and members of the city's agencies, whether
elected or appointed, whether paid or unpaid, whether permanent,
temporary, or alternate, and that are not employees.
10. "Personal interest" means any interest in the matter which would affect the
action of the official or employee other than a financial interest, and other
than an interest because of membership in, or affiliation with, but not
employment by a social, fraternal, charitable, service, educational, religious,
governmental, health service, philanthropic, cultural, or similar nonprofit
institution or organization.
11. "Public servant" means officials, members of the parking commission and
library board and employees as defined in this section.
12. "Transaction" means the offer of, or the sale, purchase, or furnishing of, any
real or personal property or services, by or to any person or entity directly or
indirectly, as vendor or vendee, prime contractor, subcontractor, or
otherwise, for the use and benefit of the city or of such other person or entity
for a valuable consideration.
(Code 1982, § 2.01.020; Ord. No. 1240, § 2, 1987; Ord. No. 1342, § 2, 1992; Ord, No. 1537, § 2,
5-29-2001; Ord. No. 1726, § 2(2.01.020), 11-26-2007; Ord. No. 1759, § 1(2.01.020), 4-20-2009; Ord.
No. 1775, § 3(2.01.020), 12-28-2009)
Sec. 2.03.480./Persons covered.
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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.
(Code 1982, § 2.01.030; Ord. No. 1240, § 3, 1987; Ord. No. 1726, § 2(2.01.030), 11-26-2007; Ord.
No. 1759, § 1(2.01.030),4-20-2009; Ord. No. 1775, § 4(2.01.030), 12-28-2009)
Sec. 2.03.490. -Standards of conduct.
A. Officials and employees have an obligation to act morally and honestly in
discharging their responsibilities.
B. 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.
C. Each official or employee serving on a multimember agency is expected to devote
the time and effort necessary to the successful functioning of such agency.
D. No official or employee shall improperly use, directly or indirectly, the official or
employee's city position to secure any financial interest or personal interest for
said official employee, or others.
E. 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.
F. No employee shall act in a private capacity on matters that they are directly
responsible for as an employee.
G. No official shall act in a private capacity on matters acted upon as an official.
H. All officials and employees shall refrain from improper governmental action as
defined in this division.
I. No official or employee shall retaliate against any employee, official, or member of
the public regarding an allegation of improper governmental action because that
employee, official, or member of the public proceeded or is proceeding in good
faith under this division including acting under section 2.03.580.D.
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(Code 1982, § 2.01.040; Ord. No. 1240, § 4, 1987; Ord. No. 1342, § 3, 1992; Ord. No. 1726, § 2
(2.01.040), 11-26-2007; Ord. No. 1759, § 1(2.01.040), 4-20-2009) Ord. No. 1775, § 5(2.01.040), 12-
28-2009)
Sec. 2.03.500. - 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. No city automobile shall be
used by a city employee or official going to or from home, except when such use is for the benefit
of the city, as in the case of an employee on call outside of the employee's working hours.
(Code 1982, § 2.01.050; Ord. No. 1240, § 5, 1987; Ord. No. 1726, § 2(2.01.050), 11-26-2007)
Sec. 2.03.510. -Treatment of the public.
City officials and employees represent the city government to 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. All employees and officials shall,
in the exercise of their official duties, refrain from taking any action, making of any statement, or
authoring any document that is intended to-harass, intimidate, or retaliate against any member
of the public.
(Code 1982, § 2.01.060; Ord. No. 1240, § 6, 1987; Ord. No. 1726, § 2(2.01.060), 11-26-2007; Ord.
No. 1775, § 6(2.01.060), 12-28-2009)
Sec. 2.03.520. - Conflict of interest.
A. Nothing in this section shall be interpreted or construed to prohibit any official or
employee from exercising their own individual legal rights as to their own personal
interests in a transaction or matter pending before the city or any of its agencies,
or to prohibit an official or employee from testifying as a witness in any
administrative or judicial proceeding. However, no official or employee who
represents their own personal interest before an agency of which they are a
member or employee, or a member or employee of an agency to which the matter
may be appealed, shall participate in the decision of that agency or the appellate
agency.
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B. No official or employee shall engage in any employment or business which
conflicts with the proper discharge of such official or employee's duties.
C. No official or employee shall take or influence official action if the official or
employee has a financial or personal interest in a transaction or matter with the
city.
D. If an official or employee has a financial or personal interest in the outcome of a
transaction or matter coming before the agency of which they are a member or by
which they are employed, such official or employee shall:
1. Publicly disclose on the record of the agency, or to their superior or other
appropriate authority,the existence of such financial or personal interest;
and
2. Except as authorized pursuant to 2.03.520.A and G, shall not engage in
deliberations concerning the matter or transaction, shall be disqualified from
acting on the matter or transaction and shall not communicate about such
matter or transaction with any person who will participate in an action to be
taken on such matter or transaction.
E. No employee, whether paid or unpaid shall represent or appear on behalf of any
individual or entity before any agency of the city, or take any appellate proceedings
from any action of such agency, either personally or through an associate or
partner.
F. No official whether paid or unpaid, shall represent or appear on behalf of any
individual or entity in transaction or matter of concern to the agency on which that
official serves, either before that agency or any other agency of the city, or before
the city commission, or take any appellate proceedings from any action of such
agency or the commission. Such representation may be made by the official's
associate or partner, provided no reference to the participation of the involved
official is made except for certification or other required identification on prepared
documents.The involved official shall not engage in deliberations concerning a
transaction or matter represented by an associate or partner, shall disqualify
himself/herself from acting on the transaction or matter, and shall not
communicate about such matter with any person who will participate in the action
to be taken on such transaction or matter.
G.
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A city commissioner or mayor, as authorized pursuant to 2-2-121(10), MCA, may
take action despite a conflict of interest described in this section if that
commissioner's or mayor's participation is necessary for the city commission to
obtain a quorum or to otherwise enable the city commission to act. If so, the
commissioner or mayor shall disclose the interest creating the conflict prior to
performing the official act.
H. This section does not absolve any official or employee from complying with Title 2,
Chapter 2, MCA. If any provision of this section is in conflict with Title 2, Chapter 2,
MCA the more stringent provision, the provision that requires greater disclosure,
or the provision that provides less authority to act in furtherance of a conflict, shall
apply.
I. Any official or employee with a conflict of interest under this section shall, in
addition to other requirements in this section and when required by law, comply
fully with the disclosure requirements of 2-2-131, MCA, and shall file this disclosure
with the Montana Commissioner of Political Practices prior to acting.
(Code 1982, § 2.01.070; Ord. No. 1240, § 7, 1987; Ord, No. 1342, § 4, 1992; Ord. No. 1726, § 2
(2.01.070), 11-26-2007; Ord. No. 1856, § 3, 4-22-2013 )
Sec. 2,03.530. - Confidential information.
A. No official or employee shall,without legal authority, disclose confidential
information concerning the personnel, property, government, or affairs of the city.
B. No official or employee shall use confidential information to advance such official
or employee's own financial or personal interest or the financial or personal
interests of any other person.
C. Nothing in this section shall be interpreted as prohibiting the disclosure of
information required by law to be disclosed.
(Code 1982, § 2.01.080; Ord. No. 1240, § 8, 1987; Ord. No. 1726, § 2(2.01.080), 11-26-2007)
Sec. 2.03.540. - Gifts,gratuities and favors.
A. Legislative Intent. The intent of this section is to further implement the declaration
of policy set forth in 2.03.460 and establish specific standards of conduct related to
gifts, gratuities, and favors that are provided to a person because of a person's
employment or official position with the city.These standards recognize legitimate
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governmental interests exist that allow an employee or official to accept a gift,
gratuity or favor in limited circumstances without such acceptance being
considered the use of public office for private gain.These interests include, but are
not limited to, establishing effective relationships with citizens, acceptance of
professional and community awards for public service, and attending public events
in an official capacity. At the same time,these standards make it clear that each
public officer and employee holds such office or employment as a public trust.
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. Hasa value of$100.00 or more for an individual.
C. An employee or official may accept a gift, gratuity, or favor that has a value greater
than $25.00 but less than $100.00 for an individual only if such gift, gratuity or
favor:
1. Complies with 2.03.540.B.1 and 2; and
2. Is provided incidental to and in conjunction with a public event where the
official or employee's attendance is in fulfillment of their official duties.
D. 1. An employee or official may accept a gift, gratuity, or favor that has a value
greater than $25.00 but less than $100.00 for an individual only if such gift,
gratuity or favor that complies with 2.03.540.13.1 and 2 and is provided
incidental to and in conjunction with a public event where the official or
employee's attendance is in fulfillment of their official duties.
2. An employee or official may accept payment or reimbursement from a
person or entity for necessary expenses such as travel, lodging, meals, and
registration fees in excess of$100.00 if the expense is incurred while
representing the city and the reimbursement would not violate 2.03.540.B.1
and 2. Reimbursement or payment for educational activities in excess of
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LION 4. - CODE OF ETHICS151
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.
(Code 1982, § 2.01.010; Ord. No. 1240, § 1, 1987; Ord. No. 1342, § 1, 1992; Ord. No. 1537, § 1,
5-29-2001; Ord. No. 1726, § 2(2.01.010), 11-26-2007; Ord. No. 1759, § 1(2.01.010), 4-20-2009; Ord.
No. 1775, § 2(2.01.010), 12-28-2009)
Sec. 2.03.470. - Definitions.
A. As used in this division, the following terms shall have the following meanings,
unless the context clearly indicates that a different meaning is intended:
1. "Agency" means the city commission and all other agencies, board,
committees, departments, and offices of the city, without exception.
2. "Board" means the board of ethics.
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.
4. "Direct advantage" means a gain or benefit to the former public servant;the
public servant's present principal or employer.
5.
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"Employee" means all individuals employed by the city and its agencies, but
does not include independent contractors hired by the city, city
commissioners, or any municipal judge.
6. "Financial interest" means any ownership interest, contractual relationship,
business relationship, or other interest which will result in a monetary or
other material benefit to an official or employee, either tangibly or intangibly,
which has a value of more than $15.00, other than the official or employee's
duly authorized salary or compensation for the official or employee's services
to the city, and which interest is not common to the interest of all other
citizens of the city. The following financial interest shall be imputed to be
those of an official or an employee of the city:that of a spouse or child of an
official or employee; that of any prime contractor or subcontractor of the city,
in which the official or employee or any member of the official or employee's
immediate family has any direct or indirect interest as the proprietor, by
ownership of stock or partnership interest.
7. "Immediate family" means spouse and children.
8. Improper governmental action.
a. "Improper governmental action" includes any action taken by an official
or employee during the performance of the officer's or employee's
duties, regardless of whether the action is within the scope of the
employee's employment or the officer's duties, and that:
(1) Violates the standards of conduct listed in section 2.03.490 or
2.03.510;
(2) Violates the standards prescribed by title 2, chapter 2, of Montana
Code Annotated (MCA 2-2-101 et seq.);
(3) Is intended to harass, intimidate, or retaliate against any other
employee, official, or any member of the public for the conduct
protected under this division or state or federal law;
(4) Violates a fiduciary duty to the city or its citizens; or
(5) Creates a substantial or specific danger to the public's health or
safety.
b.
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Improper governmental action excludes personnel actions, including,
but not limited to: employee grievances, complaints, appointments,
promotions, transfers, assignments, reassignments, reinstatements,
restorations, reemployments, performance evaluations, reductions in
pay, dismissals, suspensions, demotions, reprimands, violations of
collective bargaining or civil service laws, or alleged violations of
agreements with labor organizations under collective bargaining.
c. A properly authorized city program or budgetary expenditure does not
become an improper governmental action because a reporting person
dissents from or disagrees with the city policy or decision.
9. "Officials" means all officers and members of the city's agencies, whether
elected or appointed, whether paid or unpaid, whether permanent,
temporary, or alternate, and that are not employees.
10. "Personal interest" means any interest in the matter which would affect the
action of the official or employee other than a financial interest, and other
than an interest because of membership in, or affiliation with, but not
employment by a social, fraternal, charitable, service, educational, religious,
governmental, health service, philanthropic, cultural, or similar nonprofit
institution or organization.
11. "Public servant" means officials, members of the parking commission and
library board and employees as defined in this section.
12, "Transaction" means the offer of, or the sale, purchase, or furnishing of, any
real or personal property or services, by or to any person or entity directly or
indirectly, as vendor or vendee, prime contractor, subcontractor, or
otherwise,for the use and benefit of the city or of such other person or entity
for a valuable consideration.
(Code 1982, § 2.01,020; Ord. No. 1240, § 2, 1987; Ord. No. 1342, § 2, 1992; Ord. No. 1537, § 2,
5-29-2001; Ord, No. 1726, § 2(2.01.020), 11-26-2007; Ord. No. 1759, § 1(2.01.020), 4-20-2009; Ord.
No. 1775, § 3(2.01.020), 12-28-2009)
Sec. 2.03.480./Persons covered.
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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.
(Code 1982, § 2.01.030; Ord. No. 1240, § 3, 1987; Ord. No. 1726, § 2(2.01.030), 11-26-2007; Ord.
No. 1759, § 1(2.01.030), 4-20-2009; Ord, No. 1775, § 4(2.01.030), 12-28-2009)
Sec. 2.03.490. -Standards of conduct.
A. Officials and employees have an obligation to act morally and honestly in
discharging their responsibilities.
B. 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.
C. Each official or employee serving on a multimember agency is expected to devote
the time and effort necessary to the successful functioning of such agency.
D. No official or employee shall improperly use, directly or indirectly,the official or
employee's city position to secure any financial interest or personal interest for
said official employee, or others.
E. 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.
F. No employee shall act in a private capacity on matters that they are directly
responsible for as an employee.
G. No official shall act in a private capacity on matters acted upon as an official.
H. All officials and employees shall refrain from improper governmental action as
defined in this division.
I. No official or employee shall retaliate against any employee, official, or member of
the public regarding an allegation of improper governmental action because that
employee, official, or member of the public proceeded or is proceeding in good
faith under this division including acting under section 2.03.580.D.
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(Code 1982, § 2.01.040; Ord. No. 1240, § 4, 1987; Ord. No. 1342, § 3, 1992; Ord. No. 1726, §2
(2.01.040), 11-26-2007; Ord, No. 1759, § 1(2.01.040), 4-20-2009) Ord. No. 1775, § 5(2.01.040), 12-
28-2009)
Sec. 2.03.500. - 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. No city automobile shall be
used by a city employee or official going to or from home, except when such use is for the benefit
of the city, as in the case of an employee on call outside of the employee's working hours.
(Code 1982, § 2.01.050; Ord. No. 1240, § 5, 1987; Ord. No. 1726, § 2(2.01.050), 11-26-2007)
Sec. 2.03.510. -Treatment of the public.
City officials and employees represent the city government to 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.All employees and officials shall,
in the exercise of their official duties, refrain from taking any action, making of any statement, or
authoring any document that is intended to-harass, intimidate, or retaliate against any member
of the public.
(Code 1982, § 2.01.060; Ord. No. 1240, § 6, 1987; Ord. No. 1726, § 2(2.01.060), 11-26-2007; Ord.
No. 1775, § 6(2.01.060), 12-28-2009)
Sec. 2.03.520. -Conflict of interest.
A. Nothing in this section shall be interpreted or construed to prohibit any official or
employee from exercising their own individual legal rights as to their own personal
interests in a transaction or matter pending before the city or any of its agencies,
or to prohibit an official or employee from testifying as a witness in any
administrative orjudicial proceeding. However, no official or employee who
represents their own personal interest before an agency of which they are a
member or employee, or a member or employee of an agency to which the matter
may be appealed, shall participate in the decision of that agency or the appellate
agency.
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B. No official or employee shall engage in any employment or business which
conflicts with the proper discharge of such official or employee's duties.
C. No official or employee shall take or influence official action if the official or
employee has a financial or personal interest in a transaction or matter with the
city.
D. If an official or employee has a financial or personal interest in the outcome of a
transaction or matter coming before the agency of which they are a member or by
which they are employed, such official or employee shall:
1. Publicly disclose on the record of the agency, or to their superior or other
appropriate authority,the existence of such financial or personal interest;
and
2. Except as authorized pursuant to 2.03.520.A and G, shall not engage in
deliberations concerning the matter or transaction, shall be disqualified from
acting on the matter or transaction and shall not communicate about such
matter or transaction with any person who will participate in an action to be
taken on such matter or transaction.
E. No employee, whether paid or unpaid shall represent or appear on behalf of any
individual or entity before any agency of the city, or take any appellate proceedings
from any action of such agency, either personally or through an associate or
partner.
F. No official whether paid or unpaid, shall represent or appear on behalf of any
individual or entity in transaction or matter of concern to the agency on which that
official serves, either before that agency or any other agency of the city, or before
the city commission, or take any appellate proceedings from any action of such
agency or the commission. Such representation may be made by the official's
associate or partner, provided no reference to the participation of the involved
official is made except for certification or other required identification on prepared
documents.The involved official shall not engage in deliberations concerning a
transaction or matter represented by an associate or partner, shall disqualify
himself/herself from acting on the transaction or matter, and shall not
communicate about such matter with any person who will participate in the action
to be taken on such transaction or matter.
G.
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A city commissioner or mayor, as authorized pursuant to 2-2-121(10), MCA, may
take action despite a conflict of interest described in this section if that
commissioner's or mayor's participation is necessary for the city commission to
obtain a quorum or to otherwise enable the city commission to act. If so,the
commissioner or mayor shall disclose the interest creating the conflict prior to
performing the official act.
H. This section does not absolve any official or employee from complying with Title 2,
Chapter 2, MCA. If any provision of this section is in conflict with Title 2, Cha Pti er 2,
MCA the more stringent provision, the provision that requires greater disclosure,
or the provision that provides less authority to act in furtherance of a conflict, shall
apply.
I. Any official or employee with a conflict of interest under this section shall, in
addition to other requirements in this section and when required by law, comply
fully with the disclosure requirements of 2-2-131, MCA, and shall file this disclosure
with the Montana Commissioner of Political Practices prior to acting.
(Code 1982, § 2.01,070; Ord. No. 1240, § 7, 1987; Ord. No. 1342, § 4, 1992; Ord. No. 1726, § 2
(2.01,070), 11-26-2007; Ord. No. 1856, § 3, 4-22-2013 )
Sec. 2.03.530. - Confidential information.
A. No official or employee shall, without legal authority, disclose confidential
information concerning the personnel, property, government, or affairs of the city.
B. No official or employee shall use confidential information to advance such official
or employee's own financial or personal interest or the financial or personal
interests of any other person.
C. Nothing in this section shall be interpreted as prohibiting the disclosure of
information required by law to be disclosed.
(Code 1982, § 2.01.080; Ord, No. 1240, § 8, 1987; Ord. No. 1726, § 2(2.01.080), 11-26-2007)
Sec. 2.03.540. - Gifts,gratuities and favors.
A. Legislative Intent. The intent of this section is to further implement the declaration
of policy set forth in 2.03.460 and establish specific standards of conduct related to
gifts, gratuities, and favors that are provided to a person because of a person's
employment or official position with the city.These standards recognize legitimate
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governmental interests exist that allow an employee or official to accept a gift,
gratuity or favor in limited circumstances without such acceptance being
considered the use of public office for private gain.These interests include, but are
not limited to, establishing effective relationships with citizens, acceptance of
professional and community awards for public service, and attending public events
in an official capacity.At the same time,these standards make it clear that each
public officer and employee holds such office or employment as a public trust.
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. Hasa value of$100.00 or more for an individual.
C. An employee or official may accept a gift, gratuity, or favor that has a value greater
than $25.00 but less than $100.00 for an individual only if such gift, gratuity or
favor:
1. Complies with 2.03.540.13.1 and 2; and
2. Is provided incidental to and in conjunction with a public event where the
official or employee's attendance is in fulfillment of their official duties.
D. 1. An employee or official may accept a gift, gratuity, or favor that has a value
greater than $25.00 but less than $100.00 for an individual only if such gift,
gratuity or favor that complies with 2.03.540.13.1 and 2 and is provided
incidental to and in conjunction with a public event where the official or
employee's attendance is in fulfillment of their official duties.
2. An employee or official may accept payment or reimbursement from a
person or entity for necessary expenses such as travel, lodging, meals, and
registration fees in excess of$100.00 if the expense is incurred while
representing the city and the reimbursement would not violate 2.03.540.13.1
and 2. Reimbursement or payment for educational activities in excess of
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$100.00 is permissible if the payment or reimbursement does not place or
appear to place the official or employee under obligation, clearly serves the
public good, and is not lavish or extravagant.
E. Upon the acceptance of a gift,gratuity,favor or award pursuant to 2.03.540.C, the
recipient shall file a disclosure statement with the board of ethics. Such disclosure
statement shall indicate the gift, its estimated value, the person or entity making
the gift,the relationship to the employee or official, and the date of the gift. The
disclosure statement is a public record.
F. A gift,gratuity, or favor does not include:
1. Items or services provided an employee or official in their private capacity
and without relationship to their employment or official position:
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;
3. An award publically presented to an employee or official in recognition of
public servicer; and
4. Compensation for officiating at a ceremony.
(Code 1982, § 2,01.090; Ord. No. 1240, § 9, 1987; Ord. No. 1726, § 2(2.01.090), 11-26-2007; Ord.
No. 1833, § 1, 8-6-2012)
Sec.2.03.550. - Financial disclosure statement.
A. The ethics board shall prepare for approval by the city commission a financial
disclosure statement form, and recommendations for filing deadlines, procedures,
and who must file consistent with the following:
1. The director of administrative services shall certify to the city clerk a list,
current as of the previous January 1, of the names and mailing addresses of
persons who are required to file a financial statement in the current year.
2. The financial statement must include the following information:
a. The name and address of the public servant and describe any current
employment in addition to employment with the city;
b. Each present or past employing entity from which benefits, including
retirement benefits, are currently received by the individual;
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c. Each business,firm, corporation, partnership or other business or
professional entity or trust in which the individual holds an equity
interest of ten percent or more of the entity;
d. Each entity not listed under subsection 2.a. through c. in which the
individual is an officer, director or registered agent, regardless of
whether or not the entity is engaged for profit; and
e. All real property, other than a personal residence, in which the
individual holds an equity interest of ten percent or more of the real
property. Real property may be described by general description such as
street address or highway location.
3. Who must file financial statements. Financial statements must be filed by the
members of the city commission,the city manager, department heads and
other major financial decision makers which may include members of the
library board and parking commission.
4. Each department annually shall develop and then review a list of vendors and
service providers of that department who provide through contract, purchase
order or otherwise, services or materials greater than $2,500.00 each month
or more than $10,000.00 per year. Each member of that department receives
these services or materials must disclose if such member has an economic
relationship with that vendor. If the decision maker has a substantial
economic relationship with that vendor, that decision maker may not make
decisions regarding that vendor. For the purposes of this section,substantial
economic relationship is that amount of interest in the organization,
compensation including all benefits or other valuable consideration
exceeding$10,000.00.
(Ord. No. 1726, § 2(2.01.100), 11-26-2007; Ord. No. 1759, § 1(2.01.100), 4-20-2009; Ord. No. 1850, §
4, 1-28-2013)
Sec. 2.03.560. - Post employment/service activities.
A. Within 12 months following the date on which a former public servant ceases
service to the city, a former public servant may not,without complying with the
provisions of 2.03.570:
1.
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Make any formal or informal appearance before, or negotiate with any
decision maker regarding a transaction or matter which was under the
former public servant's direct responsibility or which the former public
servant participated personally and substantially; or
2. Represent or act or appear on behalf of an individual or entity other than the
city in connection with any a transaction or matter which was under the
former public servant's direct responsibility or which the former public
servant participated personally and substantially as a public servant.
B. No former public servant may use any former city title, including on business
cards, email, or stationery, except that such use is not prohibited if the former
public servant clearly indicates service to the city is no longer ongoing.
C. The provisions of this section do not absolve a public servant from complying with
the prohibitions against contracting in 2-2-105(3), MCA, or the prohibitions against
obtaining employment in 2-2-201, MCA. If any provision of this section is in conflict
with Title 2, ChaDter 2, MCA, the more stringent provision shall apply.
(Ord. No. 1726, § 2(2.01.110), 11-26-2007; Ord. No. 1759, § 1(2.01.110),4-20-2009; Ord. No. 1856, §
4, 4-22-2013 )
Sec. 2.03.570. - Public notice required for former public servants/compliance with state law,
During the first 12 months following the date on which a former public servant ceases service
to the city:
A. A former public servant desiring to perform an act restricted by 2.03.560.A.
shall:
1. File with the city clerk and with the city attorney not less than six
business days prior to the appearance a written public notice of the
former public servant's desire to perform an act restricted under
2.03.560.A. Such written notice shall state in substance the purpose for
which the former public servant wishes to act other than as required by
2.03.560.A and shall also indicate the responsibility the former public
servant held over the transaction or matter or the nature of the former
public servant's participation in the transaction or matter.
2.
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At the onset of the appearance orally disclose to the decision maker all
offices or employment held by the former public servant while serving
the city and the responsibility the former public servant held over the
transaction or matter or the nature of the former public servant's
participation in the transaction or matter.
The city clerk shall post the written notice in a publicly accessible location on
the city's website.
B. A former public servant desiring to perform an act restricted by 2.03.560.A
who cannot reasonably meet the six-day notice period described in
subsection A of this section may appear before a decision maker only at a
duly noticed public meeting where a formal record of the proceedings is
made. At the time of doing so,the former public servant shall comply with
subsection A of this section.
C. Unless the act is otherwise prohibited by Title 2, Chapter 2, MCA, upon
complying with subsections A or B of this section as appropriate, a former
public servant is not prohibited from the activities proscribed in section
2.03.560.A. Nothing herein, however, shall be construed as authority to
absolve any former public servant of their duty to comply with Title 2,
Chapter 2, MCA. If any provision of this section is in conflict with Title 2,
Chapter 2, MCA the more stringent provision shall apply.
(Ord. No. 1759, § 1(2.01.111), 4-20-2009; Ord. No. 1856, § 5, 4-22-2013 )
Sec. 2.03.580. - Board of ethics.
A. There is created a board of ethics consisting of three members who shall serve
without compensation unless the city commission provides otherwise. Members of
the board of ethics shall not be elected officials of the city,full-time appointed city
officials whether exempt or nonexempt, or city employees, nor shall they be
currently serving on any other city board or commission.
B. Members of the board shall be residents of the city.
C. Board members shall be appointed by the city commission.An appointment to fill
a vacancy shall be made by the appointing authority who appointed the member
who formerly held the position which is vacant.
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D. The board shall select its own presiding officer from among its members.
E. Board members shall serve staggered terms of two years. A member shall hold
office until a member's successor is appointed. At initial appointment of the
members of the board, one of the initial members shall be appointed for a term of
three years and thereafter for a term of one year.
F. The city commission shall provide such staff support for the board as the city
commission determines to be necessary for the board to fulfill its duties.The city
attorney is designated to be the legal advisor for the board, except that the city
attorney is not authorized to represent the board in any legal action if doing so
would create a conflict which would prevent the city attorney from also
representing the mayor,the city manager, or the city commission. The city clerk
shall serve as recording secretary to the board and shall provide such
administrative services to the board as may be necessary. Neither the city attorney
nor the city clerk shall be eligible for appointment as board members.
(Ord. No. 1726, § 2(2.01.120), 11-26-2007; Ord. No. 1759, § 1(2.01.120),4-20-2009; Ord. No. 1775, §
7(2.01.120), 12-28-2009)
Sec. 2.03.590. - Reporting improper governmental action/rights/limitations/protected conduct.
A. General.
1. The provisions of this section are intended to work in harmony with the City
of Bozeman Employee Handbook and provide remedies in addition to those
listed in the employee handbook. Under no circumstances shall the
provisions of this division be taken as authorization for any official or
member of the board of ethics to take or order disciplinary action be taken
against a city employee for whom that official does not have authority to
discipline or take action against pursuant to the city Charter or law.
2. Nothing herein shall be deemed to reduce or interfere with the rights of an
employee, official, or member of the public under state or federal law
regarding actions that may constitute an improper governmental action.
B.
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Right. Every city employee, official, or member of the public shall have the right to
report, in good faith and in accordance with this division, to a city official,
employee, another government official, or member of the board of ethics pursuant
to the procedures of this division, or to any member of the public, information
concerning improper governmental action.
C. Limitations.
1. This section does not authorize a city employee, official, or member of the
public to report information that is subject to an applicable privilege against
disclosure at law, unless waived, or to make a disclosure where prohibited by
law. The purpose of this section is to protect and encourage employees,
officials, and members of the public who know or in good faith believe
improper governmental action has occurred to report those actions in good
faith and in accordance with this division.
2. An employee or official reporting of the employee or official's own improper
action does not grant the employee or official immunity from discipline
(including but not limited to termination or removal from office) insofar as
the employee or official's improper action would be cause for discipline or
removal from office.
3. This section does not grant an employee or official immunity from discipline
(including but not limited to termination or removal from office) insofar as
the employee's or official's reporting of alleged improper governmental
action is found to have not been made in good faith or is found to have been
made in an attempt to harass, intimidate or retaliate against the person who
is the subject of the original allegation of improper governmental action.
D. Emp/oyee%fficia/protection and protected conduct.The following conduct by
employees, an official, or a member of the public is protected under this section if
carried out in good faith:
1. Reporting sexual harassment or workplace violence pursuant to the city's
policies;
2. Reporting any violations of title 2, chapter 2, of Montana Code Annotated,
Standards of Conduct(MCA 2-2-101 et seq.) or title 49, of Montana Code
Annotated, Human Rights (MCA 49-1-101 et seq.);
3. Reporting any violation of the state's or city's criminal laws;
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4. Reporting violations of an employee's or official's fiduciary duties;
5. Reporting any other improper governmental action as defined in this division;
6. Cooperating in an investigation under this division, the city Charter,the city's
personnel policies, title 49, MCA, or federal law, conducted by a duly
authorized city employee or official or a duly authorized agent of the state or
federal government; or
7. Testifying in proceedings or prosecution arising out of an improper
governmental action.
(Ord. No. 1775, § 7(2.01.120), 12-28-2009)
Sec. 2,03.600. - Duties and powers of the board.
A. The board shall, in addition to its other duties:
1. Adopt written rules governing its procedures and providing for the holding of
regular and special meetings,which rules shall be subject to the approval of
the city commission; a copy of the rules shall be filed with the city clerk; and
2. Administer oaths;
3. Conduct hearings as needed to hear and decide specific cases in which a
violation of this division or a violation of title 2, chapter 2, part 1, of Montana
Code Annotated (MCA 2-2-101 et seq.) is alleged,whether such cases arise
from a complaint or are brought on the board's own motion; and
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; and
5.
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Establish a process for systematically and regularly evaluating all significant
aspects of the administration and implementation of this division, which shall
include an annual review of the full scope of operations of the board and its
procedures, and which shall ensure that the both the public and all public
servants are provided a reasonable opportunity, and are encouraged to
participate in the process; and
6. Prescribe and make available forms for use under this division; and
7. When it deems it appropriate, request the city attorney for assistance in
compelling the production of documents and witnesses to assist the board in
the conduct of any investigation;
8. When circumstances make it necessary to do so, retain outside legal counsel
and other experts as needed after solicitation of recommendations from the
city attorney(unless the need to retain outside counsel is caused by a conflict
involving the city attorney's office), and upon approval by the city commission
of a contract for services approved as to form by the city attorney; and
9. Serve as legal custodian of the board's records, and accept,file, maintain and
administer, in accordance with all applicable laws, any information related to
the purposes of this division; and
10. Make financial disclosure statements filed with the board available for public
inspection and copying facilities available at a charge which is the minimum
amount permitted under applicable law. All open opinions of the board shall
be filed with the city clerk and are open to public inspection.To the extent
permitted by law, confidential opinions and any records obtained or filed in
connection with requests for confidential opinions, whether the records are
written,tape recorded,videotaped, or otherwise recorded shall be kept
confidential; and confidential advisory opinions rendered shall be closed in
whole to public inspection. Confidential opinions and summaries of them or
open references to them shall be drafted in such a way as not to reveal
confidential information;
11. Compile and maintain an index to all financial disclosure statements currently
on file with the board to facilitate public access to such statements; and
12. Develop a plan for implementation of a program to educate public servants
who are subject to this division and the public about their rights, duties and
responsibilities hereunder; and
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13. Within one year from the date of the first meeting of the board, submit to the
city commission for its approval and promulgation, an ethics handbook for
the use of all public servants and the public; the human resources
department shall document that each city officer and employee receives a
copy of the handbook and acknowledges receipt of the handbook in writing;
and
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.
a. 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.
b. 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.
B. The board may:
1. Conduct hearings as it determines necessary or appropriate
a. To ascertain public opinions and to gather information from the general
public, employees, or others regarding any aspect of the city's ethics
policies or practices; and
b. For any other purpose for which the board is authorized to conduct
hearings; and
2. Respond, as it deems appropriate,to requests for confidential advisory
opinions; the board may decline to render an opinion in response to any
request for an advisory opinion;
3. Render and publish formal opinions on any matter within the scope of the
board's authority which it may deem appropriate; the board may initiate
opinions on its own motion or upon request; any formal opinion shall be in
writing; and
4. Prepare and publish special reports,technical studies, and recommendations
to further the purposes of this division.
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(Ord. No. 1726, § 2(2.01.130), 11-26-2007; Ord. No. 1759, § 1(2.01.130), 4-20-2009; Ord. No. 1775, §
8(2.01.130), 12-28-2009; Ord. No. 1833, § 2, 8-6-2012)
Sec. 2.03.610. -Who may request board action.
A. Any person may file a complaint with the board, and any public servant,
prospective public servant or former public servant, either personally or on behalf
of an organization or governmental body, may request of the board an ethics
opinion, whether a formal opinion or a confidential advisory opinion, regarding the
propriety of any matter or matters to which the person is or may become a party;
and any decision maker, with the consent of a prospective appointee, may request
of the board an ethics opinion regarding the propriety of any matter to which the
public servant, prospective public servant or former public servant is or may
become a party.
B. Any request for board action shall be in writing, and shall be signed by the person
making the request.
(Ord. No. 1726, § 2(2.01.140), 11-26-2007; Ord. No. 1759, § 1(2.01.140), 4-20-2009)
Sec. 2.03.620. - Limitations on board's power.
The board does not have the authority to reverse or otherwise modify a prior action of the
mayor, city commission, or an officer or employee of the city. If the board finds a prior action of
the mayor, the city commission, officer or employee to have been ethically improper,the board
may advise the appropriate party that the action should be reconsidered. Upon such advice by
the board,the action shall be reconsidered by the appropriate person or public body. If the board
determines an existing city contract to be ethically improper, after such determination and advice
from the board, the city may void or seek termination of the contract if legally permissible.The
board may refer a matter to the city attorney for review and consideration for appropriate action.
Upon completion of review and consideration,the city attorney's office shall report its findings to
the board.
(Ord. No. 1726, § 2(2.01.150), 11-26-2007; Ord. No. 1759, § 1(2.01.150), 4-20-2009)
Sec. 2.03.630. - City attorney opinions.
A.
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At the request of a person, the city attorney may render an informal or formal
advisory opinion with respect to the prospective conduct of such person. An
informal advisory opinion need not be written, and may be provided directly to the
requestor of such opinion. A request for a formal advisory opinion must be in
writing and include all the information and documents related to the request. The
request for either an informal or formal advisory opinion must state all the
material facts so the city attorney may render a complete and correct opinion. The
city attorney's formal advisory opinion must be in writing. Nothing in this division
shall be construed to prohibit a request for an opinion by any public servant from
the city attorney regarding a potential conflict of interest. Neither a request for an
informal or formal advisory opinion, nor the making of a statement concerning a
potential conflict of interest made by a member of the city commission in the
course of abstaining from voting or making a motion of self-recusal, shall create a
presumption or inference that a public servant actually has a personal interest in
the matter about which the opinion was requested; if the city attorney elects to
render an opinion,the city attorney shall, within a reasonable time, submit a
written summary of the opinion to the ethics board for the board's information; if
the city attorney declines to render an opinion, nothing shall preclude the person
requesting the opinion from requesting the ethics board for an opinion.
B. Any formal advisory opinion issued pursuant to this section may be relied upon by
the person directly involved in the specific transaction or activity to which such
advisory opinion has been issued, and any person directly involved in any specific
transaction or activity which is indistinguishable in all its material aspects from the
transaction or activity with respect to which such advisory opinion was rendered.
C. Any person who relies upon a formal advisory opinion pursuant to this section,
and who acts in good faith in accordance with the provisions and findings of such
opinion, shall not, as a result to such act, be subject to prosecution under this
division or, in the case where the opinion is exculpatory, be subject to any
administrative adverse action or civil action based upon legal authority cited in that
opinion.
D. The city attorney's client is the City of Bozeman and not the individual requesting
the opinion. No request for an opinion from the city attorney shall constitute the
establishment of an attorney-client relationship with the individual requesting the
opinion.
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(Ord. No. 1726, § 2(2.01.160), 11-26-2007; Ord. No. 1759, § 1(2.01.160), 4-20-2009)
Sec. 2.03.640. - Procedures for hearing complaints.
A. Any person may file a written complaint, signed and sworn,with the city clerk
alleging a violation of this division or a violation of title 2, chapter 2, part 1 of
Montana Code Annotated (MCA 2-2-101 et seq.).
B. A complaint shall specify the provisions of this division or provisions of title 2,
chapter 2, part 1 of Montana Code Annotated (MCA 2-2-101 et seq.)alleged to have
been violated and facts alleged to constitute the violation.
C. Upon receipt of such a complaint, but in any event not later than three working
days after receipt,the city clerk shall acknowledge receipt to the complainant, and
forward the complaint simultaneously to the board, the person who is complained
against and the city attorney.
D. The city attorney shall provide the board with a preliminary written analysis of the
complaint no later than 30 days from the date the complaint is filed with the city
clerk.
E. During any investigation and during any hearing which is conducted to determine
whether a violation of this division or a violation of title 2, chapter 2, part 1 of
Montana Code Annotated (MCA 2-2-101 et seq.) has occurred:
1. The person under investigation or the accused maybe represented by
counsel of the person's own choosing; and
2. The accused or the accused's representative, if any, shall have an opportunity
to:
a. Challenge the sufficiency of any complaint which has been filed against
the accused;
b. Examine all documents and records obtained or prepared by the board
in connection with the matter heard;
c. Bring witnesses;
d. Establish all pertinent facts and circumstances;
e. Question or refute testimony or evidence, including the opportunity to
confront and cross examine adverse witnesses; and
f.
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Exercise, to the extent the board, in its discretion, determines to be just
and reasonable, any pretrial discovery procedure usually available in
civil actions.
F. The following principles shall apply to evidence in connection with hearings
conducted by the board:
1. The board shall not be bound to adhere to statutory Rules of Evidence, but
shall be fundamentally fair in its administration of evidence; and
2. During any hearing conducted by the board to determine whether a violation
of this division has occurred, all evidence including certified copies of records
which the board considers shall be fully offered and made a part of the
record in the proceedings; and
3. The accused or any other person under investigation shall be afforded
adequate opportunity to rebut or offer countervailing evidence; and
4. The board shall inform the accused or the accused's counsel of exculpatory
evidence in its possession; and
5. The standard of evidence in hearings conducted under this division shall be
clear and convincing evidence admitted at the hearing.
G. The board, in addition to its other duties and powers, may:
1. Appoint a hearing officer to conduct hearings under this division;
2. With the approval of the city commission, retain outside legal counsel and
other experts as needed with respect to hearings in accordance with its
policies.The selection of a hearing officer and outside counsel and other
experts and any contract for such persons shall be made after solicitation of
recommendations from the city attorney and upon approval by the city
commission of a contract for services approved as to form by the city
attorney;
3. Order testimony to be taken by deposition before any individual who is
designated by the board and, in such instances, to compel testimony and the
production of evidence to the extent it is otherwise lawfully authorized to do
so;
4.
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Require any person to submit in writing such reports and answers to
questions relevant to the proceedings conducted under this division as the
board may prescribe, such submission to be made within such period and
under oath or otherwise as the board may determine; and
5. Request and obtain from the department of revenue copies of state income
tax returns and access to other appropriate information as permitted under
state law regarding all persons who are the subject of such investigation.
H. The person complained against shall have 20 days from the day after the city clerk
serves the complaint on the person to submit a written response to the complaint
prior to the board deciding whether to hold a hearing. Service may be by certified
mail, return receipt at the last known address in city records or personal service.
I. If the complaint is dismissed, the complainant shall have one opportunity within 15
days of the dismissal to amend the complaint and to refile it with the board.
J. Any person whose name Is mentioned or who is otherwise identified during a
hearing being conducted by the board and who, in the opinion of the board, may
be adversely affected thereby, may, upon request of the person or a
representative of the person, or upon the request of any member of the board,
appear at the hearing to testify on such person's own behalf or have a
representative appear to so testify, and the board may permit any other person to
appear and to testify at a hearing.
K. Upon request of the accused, on its own motion, or upon request of the city
attorney,the board shall issue subpoenas to compel the attendance of necessary
witnesses.
L. At the next regular meeting, or within 30 days, whichever is sooner,following
receipt of the city attorney's analysis, the board shall review and consider the
complaint and the city attorney's analysis, and, if a hearing is to be held, shall set a
date certain for the hearing to take place within 30 days, unless the accused
petitions for and the board consents to a later date.
M. As soon as practicable after giving due consideration to a complaint, or, if a hearing
was held, after the hearing,the board shall take any action or combination of
actions which it deems appropriate and which it is lawfully empowered to take,
including but not limited to the following:
1. Dismiss the complaint based on any of the following grounds:
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a. The complaint does not allege facts sufficient to constitute a violation of
this division or a violation of title 2, chapter 2, part 1 of Montana Code
Annotated (MCA 2-2-101 et seq.); or
b. The board has no jurisdiction over the matter; or
c. Failure of the complainant to cooperate in the board's review and
consideration of the complaint; or
d. The complaint is defective in a manner which results in the board being
unable to make any sound determination; and
2. Determine that no violation of this division or a violation of title 2, chapter 2,
part 1 of Montana Code Annotated (MCA 2-2-101 et seq.) has occurred; or
3. Determine that the complaint alleges facts sufficient to constitute a violation
of this division or a violation of title 2, chapter 2, part 1 of Montana Code
Annotated (MCA 2-2-101 et seq.), and that the board will conduct a hearing, in
which case the board shall promptly send written notice of such
determination to the accused and to the party who made the complaint, or
4. Determine that further information must be obtained in order for the board
to determine whether the complaint alleges facts sufficient to constitute a
violation of the division or a violation of title 2, chapter 2, part 1 of Montana
Code Annotated (MCA 2-2-101 et seq.); and
a. Conduct its own investigation with respect to any alleged violation; or
b. Schedule the complaint for further review and consideration at a future
time certain, in which case the board shall promptly send written notice
of such determination to the accused and to the party who made the
complaint; or
c. Refer the complaint to any appropriate authorities for criminal
investigation; or
d. Refer the complaint, if it appears to be substantiated, to the county
attorney or city attorney for prosecution; or
e. Refer the complaint, along with the board's findings and conclusions,to
any appropriate administrative authority for disciplinary action or other
suitable remedial action; the board, although it has no independent
administrative authority, may make any recommendation to any city
administrator at any level of supervision, if the board finds that the +
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recommendation will advance the objectives of this division;whether to
implement the recommendation may be decided by whatever decision
maker is authorized under the circumstances; if it is determined that
misconduct or malfeasance has occurred,the board shall refer the
matter to the city manager, city attorney or to the city commission, as
circumstances warrant.
5. After it has made its final determination,the board shall issue its written
findings of fact and conclusions, and may issue any additional reports,
opinions and recommendations as it deems advisable under the
circumstances. All such reports shall be in compliance with all state and city
laws governing confidentiality, open government, and torts.All such reports
shall be reviewed by the city attorney prior to their issuance.
(Ord. No. 1726, § 2(2.01.170), 11-26-2007)
Sec. 2.03.650. -Those subject to removal only by city commission.
If findings relative to an elected or appointed official are filed by the board with the city
commission,the city commission may take action to remove the official in accordance with state
law.
(Ord. No. 1726, § 2(2.01.180), 11-26-2007)
Sec. 2.03.660. - Ex parte communications.
A. After a complaint has been filed and during the pendency of a complaint before
the board, no member of the board may communicate directly or indirectly with
any party or other person about any issue of fact or law regarding the complaint,
exceptthat:
1. The members of the board may obtain legal advice from the city attorney(or
retained counsel)and may discuss the complaint with their staff, and
2. The members of the board may discuss the complaint at a lawfully conducted
meeting.
B. If any person attempts to communicate with aboard member regarding the
pending complaint,the board member shall report the substance of the
communication to the board on the public record at the next regular meeting of
the board.
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(Ord. No. 1726, § 2(2.01.190), 11-26-2007)
Sec. 2.03.670. - Confidentiality of board information.
No member of the board nor any public servant who has access to any confidential
information related to the functions or activities of the board shall divulge that information to any
person who is not authorized to have it. The identity of a person who requests a confidential
advisory ethics opinion is confidential, as is information describing or pertaining to any
organization mentioned in the request for an opinion if the disclosure of the information could
lead to the disclosure of the identity of the person requesting the confidential advisory opinion.
(Ord. No. 1726, § 2(2.01.200), 11-26-2007)
Sec. 2.03.680. -Waiver of confidentiality.
A person who makes or purports to make public the substance of or any portion of an
advisory opinion requested by or on behalf of that person is deemed to have waived the
confidentiality of the request for an advisory opinion and of any records obtained or prepared by
the board in connection with the request for an advisory opinion.
(Ord. No. 1726, § 2(2.01.210), 11-26-2007)
Sec. 2.03.690. -Statute of limitations,
No action may be taken on any complaint which is filed later than one year after a violation of
this division is alleged to have occurred, and a complaint alleging a violation must be filed within
one year from the date the complainant knew or should have known of the action alleged to be a
violation.
(Ord. No. 1726, § 2(2.01.220), 11-26-2007)
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