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Home My WebLink AboutBOE minutes for approval Page 1 of 3 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. Board of Ethics DRAFT MINUTES, January 24, 2019 Page 2 of 3 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 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 of Ethics DRAFT MINUTES, January 24, 2019 Page 3 of 3 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. Page 1 of 3 BOARD OF ETHICS Minutes 5:00 PM Wednesday, February 20, 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 A. 05:00:28 PM (00:05:56) CALL TO ORDER - 5:00 PM - Commission Room, City Hall, 121 North Rouse, Bozeman, MT Chairperson Frost called the meeting to order at 5:00 PM. B. 05:01:00 PM (00:06:28) PUBLIC COMMENT There was no public comment. C. 05:01:58 PM (00:07:26) ACTION ITEMS 1. 05:02:00 PM (00:07:28) Further Review and Consideration of the Remaining Portions of Roger Koopman’s December 12, 2018, Ethics Complaint and City Attorney Supplemental Analysis. 05:02:11 PM (00:07:39) Recusal Mr. Taylor recused himself from this item due to a conflict. 05:02:48 PM (00:08:16) Staff Presentation Special Counsel Jordan Crosby discussed her supplemental letter provided on February 11, 2019. 05:03:41 PM (00:09:09) Questions of Staff There were no questions of staff. 05:04:26 PM (00:09:54) Public Comment Chairperson Frost opened public comment. 05:04:47 PM (00:10:15) Roger Koopman, Public Comment Mr. Koopman discussed his initial complaint from December 12, 2018, and that he wanted this filed with the Gallatin County attorney. Only the city commission can act on this complaint, and they are named, so he anticipated this would be referred at this point since it has taken time and resources. He noted he has presented legitimate concerns to the board and hoped it would be referred to a local judge instead of the Commissioner of Political Practices. He discussed his larger concerns of the democratic process. He stated the city’s advocacy had a clear purpose. 05:13:51 PM (00:19:19) John Newman, Public Comment Board of Ethics DRAFT MINUTES, February 20, 2019 Page 2 of 3 John Newman, with Boone Carlberg representing the City, stated they agree with Counsel Crosby’s analysis. Mr. Newman refuted Mr. Koopman that the Board of Ethics taking this issue up is not a technicality, and also referred to whether the County Attorney has a role in this. He discussed the expertise of the Commissioner of Political Practices and his findings. 05:15:43 PM (00:21:11) Clarification Counsel Crosby noted that there was a period until February 14, 2019 for the complainant’s counsel to provide additional materials and questions, to which they did not. 05:16:47 PM (00:22:15) Motion that the Board adopt the proposed Findings and Conclusions and dismiss the remaining portions of Mr. Koopman’s December 12, 2018, Ethics Complaint. Board Member - Mary Jane McGarity: Motion Board Chair - Melissa Frost: 2nd 05:17:02 PM (00:22:30) Discussion Ms. McGarity thanked Mr. Koopman for his attendance and concern, and noted the code and materials associated with this complaint. She noted her read and acknowledgment of the materials, and noted her findings that the city made efforts to honor transparency and was aware of the difference between advocacy and outreach, and that they did the right thing. She noted no new evidence came in to refute the COPP dismissal document. Chairperson Frost discussed her beliefs that citizens understand their role in participation, and to be informed about issues, and trust their government is operating with fair and open standards. She appreciates Mr. Koopman’s concerns. She noted her read and acknowledgement of associated materials, and agrees with the special counsel’s findings. What stood out to her, is that this is under the purview of the Board of Ethics, and concurs with the analysis establishing this authority. She noted that the City Attorney and staff did their due diligence in getting feedback from the COPP, and that officials and staff were aware of the difference between education and advocacy, and their rights as private citizens. Her opinion is that the COPP’s findings are based in evidence, and she has not seen contrary. She stated it was a wise and prudent use of taxpayer time to refer to the COPP opinion. 05:25:35 PM (00:31:03) Vote on the Motion that the Board adopt the proposed Findings and Conclusions and dismiss the remaining portions of Mr. Koopman’s December 12, 2018, 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: Abstain 05:26:19 PM (00:31:47) Recusal Ended Mr. Taylor rejoined the meeting. D. 05:26:33 PM (00:32:00) FYI/DISCUSSION Board of Ethics DRAFT MINUTES, February 20, 2019 Page 3 of 3 • Ms. McGarity has not heard any follow-up from her previous issue she brought up during the last meeting’s FYI. • Mr. Taylor has thoughts on the annual ethics training, and it would be good to further discuss at a future meeting. E. 05:27:42 PM (00:33:10) ADJOURNMENT Chairperson Frost adjourned the meeting at 5:27 PM.