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HomeMy WebLinkAbout10-09-19 City Commission Packet Materials - A1. 2019 City Commission Annual Ethics Training Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Andrea Surratt, City Manager SUBJECT: Ethics Training for 2019 MEETING DATE: October 9, 2019 AGENDA ITEM TYPE: Action RECOMMENDATION: To participate in the City of Bozeman 2019 Ethics Training for Boards and Commissions BACKGROUND: The City of Bozeman conducts annual ethics training for its staff as well as the volunteer members of its Boards and Commissions. The City Commission has particular situations that can create questions regarding implementation of the Code of Ethics. The Board of Ethics approved the 2019 Ethics Training in August. Each Board and Commission member as well as each city staff member is required by the Ethics Code to participate in the training. This year, a staff committee developed the topics and the questions that would be discussed. Supervisors participated in a train-the-trainer session to prepare to lead the discussions about these ethics scenarios. The training sessions are scheduled for this fall with staff and volunteer board members, and an annual report will summarize the work conducted for 2019. The annual report will be presented to the City Commission, as required, in December. The ethics discussion with the City Commission will include the 3 questions that are identified for board members as well as any other topics of interest to the commission members. Staff will be available to discuss issues and answer questions. UNRESOLVED ISSUES: No unresolved issues are identified. ALTERNATIVES: As suggested by the City Commission. FISCAL EFFECTS: The fiscal effects of this discussion are not directly known at this time but discussions that occur may generate follow up projects or research that have a cost. Attachments: Charter 2019 Ethics Training PowerPoint 2019 Ethics Program City of Bozeman Board & Commission Training 2019 Ethics Training Purpose and Expectations 1.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. 2.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. -Sec. 2.03.600 Overview •The City of Bozeman Code of Ethics is a best practice for local government in Montana •In 2018 we trained 418 staff members and 160 board and commission volunteers •Ethics is now more integrated into staff and board/commission meetings all year •Equipping additional staff to facilitate training as an opportunity for professional development Why Facilitate Ethics Training Instead of Online? Makes the material more familiar! Engaging in Conversation HELPS US LEARN as a group Participants have knowledge that we need to draw out Reaching conclusions will likely lead to more unanswered questions The discussion of the challenges becomes the training Resources Code of Ethics Bylaws of the Board/Commission Montana Code Annotated (MCA) Board of Ethics Sign In Sheet for Documentation of Participants Flip Chart for Possible Future Questions or Other Concerns (putting items in the “Parking Lot”) Timeline Let’s Get Started! Beth is the new Chair of the Midtown UrbanRenewalDistrictBoard.She’s been on theboardforyears,and hasn’t always agreed withthetypesofitemstheboardhastakenupontheagendas,which were managed by thepreviouschairandstaffliaison.Beth is veryinvolvedinthecommunityinavarietyofcapacities,via consulting,volunteering,membership,and board appointments.Throughherconnections,she believes she can moreeffectivelyprioritizetheworkoftheboard.Shetakesovermanagementoftheagendasandstartstofillthemwithitemsthatshe’d like toprioritize,since she knows they’ll be best forthecommunityasawhole.The staff liaison andotherboardmembershavebeguntoexpresssomeconcernthattheagendasaremissingsomediversity,but Beth informs them it iswithinherauthoritytosetagendas,so she willcontinuetodosounilaterallyfortheremainderofherterm. ? Beth is the new Chair of the Midtown UrbanRenewalDistrictBoard.She’s been on theboardforyears,and hasn’t always agreed withthetypesofitemstheboardhastakenupontheagendas,which were managed by thepreviouschairandstaffliaison.Beth is veryinvolvedinthecommunityinavarietyofcapacities,via consulting,volunteering,membership,and board appointments.Throughherconnections,she believes she can moreeffectivelyprioritizetheworkoftheboard.Shetakesovermanagementoftheagendasandstartstofillthemwithitemsthatshe’d like toprioritize,since she knows they’ll be best forthecommunityasawhole.The staff liaison andotherboardmembershavebeguntoexpresssomeconcernthattheagendasaremissingsomediversity,but Beth informs them it iswithinherauthoritytosetagendas,so she willcontinuetodosounilaterallyfortheremainderofherterm. BMC Sec. 2.03.490. -Standards of conduct. 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. BMC Sec. 2.03.520. -Conflict of interest. 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. G. No official shall act in a private capacity on matters acted upon as an official. Resolution 4377 –Establishing Model Rules of Procedure for Boards The chairperson, staff liaison, or another designated board member shall arrange a list of matters to be brought before the board…The chair person or a majority of board members may add to or remove an item from the agenda. Reggie is a member of the Planning Board, and is also a faculty member in theArchitectureDepartmentatMSU.Duringthesummer,he attends a number ofconferencesrequiredbyhisemployment.He has to miss about half the meetings overthesummer,so he informed the Chair of hisupcomingabsences.The Chair told him thatwithacurrentvacancy,it is critical that heattempttoattendmorethanjusthalfthemeetings,as business needs to get done andtheboardmaynothaveaquorumwithhisabsences.Reggie understands the Chair’sconcern,but his job is his top priority.As acompromise,he has arranged for anothercolleaguetoattendthemeetingsinhissteadtohelpmaintainquorums,or is willing toSkypeinforthenightsthatdon’t work forhisstand-in. ? Reggie is a member of the Planning Board, and is also a faculty member in theArchitectureDepartmentatMSU.Duringthesummer,he attends a number ofconferencesrequiredbyhisemployment.He has to miss about half the meetings overthesummer,so he informed the Chair of hisupcomingabsences.The Chair told him thatwithacurrentvacancy,it is critical that heattempttoattendmorethanjusthalfthemeetings,as business needs to get done andtheboardmaynothaveaquorumwithhisabsences.Reggie understands the Chair’sconcern,but his job is his top priority.As acompromise,he has arranged for anothercolleaguetoattendthemeetingsinhissteadtohelpmaintainPlanningBoardquorums,oriswillingtoSkypeinforthenightsthatdon’t work for his stand-in. BMC Sec. 2.03.490. -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. Resolution 4377 –Establishing Model Rules of Procedure for Boards Unless otherwise provided by law, a quorum shall consist of a majority of existing appointed board members. If a quorum is not present, those in attendance shall be named and the board shall adjourn to a later time…Email, telephonic, or proxy voting shall be prohibited. The City is considering a ballot issue for creation of a new special district to fund and maintain parking services in the city. The proposal is in the later stages and the Parking Commission feels strongly in favor of creation.Many individual members of the Parking Commission want to start outreach by going door-to- door and speaking with citizens.The Parking Commission,via a motion and vote,directs staff to design and print off flyers for this purpose,since the board itself doesn’t have a budget. ? The City is considering a ballot issue for creation of a new special district to fund and maintain parking services in the city. The proposal is in the later stages and the Parking Commission feels strongly in favor of creation.Many individual members of the Parking Commission want to start outreach by going door-to- door and speaking with citizens.The Parking Commission,via a motion and vote,directs staff to design and print off flyers for this purpose,since the board itself doesn’t have a budget. Section 2.2.121 Rules of conduct for public officers and public employees. (1) Proof of commission of any act enumerated in subsection (2) is proof that the actor has breached a public duty. 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 CONGRATULATIONS! YOU HAVE COMPLETED THE 2019 ETHICS TRAINING FOR THE CITY OF BOZEMAN PLEASE MAKE SURE YOU SIGNED THE ATTENDANCE SHEET.