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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
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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 of Ethics DRAFT MINUTES, January 24, 2019
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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.