HomeMy WebLinkAbout12-16-19 City Commission Packet Materials - C6. 2019 City of Bozeman Ethics Report
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission FROM: City of Bozeman Board of Ethics
SUBJECT: Report of the City of Bozeman Board of Ethics outlining
accomplishments of 2019; summary of decisions or opinions; recommendations for 2020; and highlights of the first 10 years of the Board of Ethics (2009 – 2019).
MEETING DATE: December 16, 2019
AGENDA ITEM TYPE: Consent
RECOMMENDATION: Acknowledge the 2019 City of Bozeman Ethics Report
The City of Bozeman Charter (2006) established the creation of an independent ethics board to
address such issues as standards of conduct, conflicts of interest, conduct related to gifts,
prohibition of the use of public office for private gain, and use of confidential information as relates to the operations of the City of Bozeman through its employees, board members, and elected officials. The Charter states that officials, board members, and employees shall take an
oath to uphold both the state and city ethics codes.
The City of Bozeman Ethics Program fulfills segments of the High Performance Organization section of the Strategic Plan:
• 7.1 Values Driven Culture: Promotes a values-driven organizational culture that
reinforces ethical behavior, exercises transparency and maintains the community's trust.
• 7.2 Employee Excellence: Recruit, retain and value a diverse, well-trained, qualified and motivated team capable of delivering superior performance. Be accountable and expect
accountability from others.
• 7.3 Best Practices, Creativity & Foresight: Utilize best practices, innovative
approaches, and constantly anticipate new directions and changes relevant to the governance of the City. Be also adaptable and flexible with an outward focus on the
customer and an external understanding of the issues as others may see them.
Pursuant to the Charter and Code of Ethics, the Board of Ethics is required to make an annual
summary of its decisions and opinions and provide recommendations “…regarding the city’s policies and practices which the board believes would or could enhance the ethical environment
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in which public servants work.” The following memo accompanies the 2019 annual report and
outlines the Board of Ethics’ accomplishments, decisions and opinions, as well as
recommendations for 2020. In addition, given that we have arrived at the 10th anniversary of the
formation of the Board of Ethics, we would like to highlight some of the Board’s activities and accomplishments in these first 10 years. 2019 Accomplishments and Summary of Decisions and Opinions
• Worked collaboratively with city staff to arrange for required annual ethics training for all city employees, board members, and elected officials. Emphasis was placed on making the trainings relevant by developing hypothetical scenarios related to the ethics
issues that might arise specifically for employees, board members, and elected officials.
Of the 412 employees eligible for training in 2019, 410 were trained with the remaining 2
excused for military deployment and police academy training absences. Of the 160 eligible board members, 153 were trained including 5 elected officials. Ethics board members attended trainings with the Bozeman Area Bike Advisory Board and Library
Board.
• In collaboration with city staff, continued to provide required on-boarding ethics trainings via an online platform developed by the MSU Extension Local Government Center. These trainings function to orient all new city employees, board members, and elected
officials to the Code of Ethics, Ethics Handbook, and available resources related to
ethics.
• Initiated a review of the on-boarding ethics training, which has not been revised since it was developed in 2011.
• Said goodbye to long-time Ethics Board member Mary Jane McGarity and welcomed
new board member Sara Rushing.
• With the support of outside counsel Ms. Jordan Crosby, held two public meetings to review and address a written complaint filed by Mr. Roger Koopman alleging ethics
violations by the City of Bozeman, elected officials, and public employees (Note: during
the entirety of this process, Ethics Board member Carson Taylor recused himself due to a
conflict of interest). The board produced preliminary and supplemental written analyses,
as well as findings and conclusions regarding Mr. Koopman’s complaint, ultimately determining that his complaint failed to allege facts sufficient to constitute a violation of
either state or city ethics codes.
• City Attorney Greg Sullivan continued to respond informally and formally to queries
about ethics from city employees, board members, and elected officials with the majority
of inquiries related to gifts, conflicts of interest, and what does and does not fall within the purview of the Code of Ethics. On August 2, 2019, the City Attorney issued Ethics
Opinion 2019-01 regarding rules related to a prospective private business of an
employee. This opinion is available on the Ethics webpage under the link for City
Attorney Formal Ethics Opinions and through the City’s online document center.
Recommendations for 2020 Looking ahead to 2020, the Board of Ethics recommends the following be addressed:
• Review the results of the 2019 ethics trainings with city staff to inform development of
the 2020 ethics trainings.
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• Hold a mock ethics hearing to inform and prepare board members to respond to potential
future ethics complaints.
• Draft an op-ed for the Bozeman Daily Chronicle highlighting the 10th anniversary of the convening of the Board of Ethics to inform the community about the accomplishments of
the city’s ethics program.
• Complete the review of the on-boarding ethics training, and work with city staff and
MSU Extension Local Government Center on potential updates to this training.
• Continue to review and refine the gifts provision in the Code of Ethics in response to
inquiries from city employees, board members, and elected officials.
• Review the findings and recommendations of Dr. Betsy Johnston’s (formerly Webb)
quantitative (2011) and qualitative (2012) studies of the City of Bozeman’s ethics program and ethical culture/environment, and determine possible next steps with regard
to implementing her recommendations and continuing to strengthen the ethical culture in
the City of Bozeman.
Highlights of Board of Ethics Activity and Accomplishments 2009 – 2019 The first City of Bozeman Board of Ethics convened in July 2009. The following is a list of
activities and accomplishments by the Board in the 10 years since that time. It should be made
abundantly clear that the Board of Ethics could not have accomplished the following without the
exceptional support of staff from the offices of the City Manager, City Attorney, City Clerk, and
other departments, as well as the MSU Extension Local Government Center.
• Completed a full review of the Code of Ethics and identified areas requiring clarification
and revision.
• Proposed substantive revisions to various sections of the Code of Ethics, including conflicts of interest, conduct related to gifts, post-employment activities, whistle-blowing
and retaliation, procedures related to disclosure of financial interests, and non-compliance
with ethics training requirements.
• Created an Ethics Handbook for employees, board members, elected officials, and citizens.
• Created an Ethics webpage on the City of Bozeman website.
• Conducted annual ethics trainings via online and in-person formats.
• Conducted a mock ethics hearing in 2011.
• Followed the procedures outlined in the Code of Ethics and responded to the City’s first
formal ethics complaint, and issued findings and conclusions dismissing the complaint.
Based on the findings of Dr. Johnston’s research, the nature of discussions at annual ethics
trainings, and questions about ethics submitted to the City Attorney and others, we see ample
evidence to support the continuing increase in awareness of ethics, growth of a strong ethical
culture, and expanding leadership around ethics in the City of Bozeman.
Bozeman is unique among municipalities in the State of Montana in a number of ways with
regard to ethics. Specifically, the city has a separate Code of Ethics (in addition to the state
code), has an independent Board of Ethics, conducts orientation and annual ethics trainings, and
provides employees, board members, elected officials, and citizens with access to information
and resources about ethics, specific contacts for asking questions, and a clearly outlined process
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for filing complaints. The foundation and structure for a strong ethical culture is in place, and it
is incumbent upon all of us to continue to foster an environment in which ethics and ethical
behavior are primary shared values, and ethical dilemmas (which are most often gray, and rarely
black and white) can be discussed and explored routinely, openly, and transparently without fear of reprisal.
Attachments: 2019 City of Bozeman Ethics Report and Curriculum
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City of Bozeman
Board of Ethics
Report
2019
December 2019
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Board of Ethics Report, 2019
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Table of Contents
Board of Ethics Summary ………………………………………………………………. Page 3
Members…..……………………………….……………………………………… Page 3
Support Staff……..………………………………………………………...…… Page 3
Membership Details………………………………………………………….. Page 3
Creation……..……………..……………………………………………………… Page 4
Duties and Responsibilities…………………………………………………Page 4
Requirement of Annual Report ………….………………………………Page 5
2019 Report………………………….…………………………………………………..……Page 7
2019 Ethics Training …………………………………………………………. Page 7
Summary of the Board’s Decisions and Opinions ……….…….. Page 7
Upcoming Recommendations………………….………………………….Page 7
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Board of Ethics Report, 2019
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Board of Ethics Summary
Current Board Members:
Melissa Frost - Chair Appointed August, 2019 Term expires July, 2021
mfrost@bozeman.net
Carson Taylor Appointed September, 2018 Term expires July, 2020
ctaylor@bozeman.net
Sara Rushing Appointed August, 2019 Term expires July, 2021
srushing@bozeman.net
Support Staff:
Julie Hunter – Executive Assistant Administrative and Recording Services
jhunter@bozeman.net
Brenda Sweeney – Deputy City Clerk Administrative and Recording Services
dsweeney@bozeman.net
Greg Sullivan – City Attorney Legal and Procedural Recommendations
gsullivan@bozeman.net
Membership Details
The Board of Ethics is made up of three members appointed by the City Commission to two
year terms. Members cannot be city elected officials, city employees, or currently serving on
any other city board or commission.
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Creation of the Board of Ethics
2008 Bozeman City Charter
The Bozeman City Charter (the “Charter”) was proposed by the City of Bozeman’s 2004-2006
Local Government Study Commission and was approved by the voters at the November 7, 2006
general election. The Charter became effective on January 1, 2008. The Charter confers certain
powers and restrictions, prescribing procedures and governmental structure. The Charter was
created …to secure the benefits of local self-government and to provide for an honest and
accountable commission-manager government. (Preamble, City of Bozeman Charter)
Section 7.01 (b) of the Charter called for the establishment of an independent Board of Ethics
as well as the requirement for annual training and education of city officials, city board
members and employees regarding the state and city ethics codes.
Ordinance No. 1726, Creation of the Board of Ethics
To establish a Board of Ethics (the “Board”) as required in the voter approved Charter, the City
Commission adopted Ordinance No. 1726 which provide guidelines for the creation of the
board and other ethics related content required in the Charter. These provisions are codified in
the Bozeman Municipal Code at Chapter 2, Article 3, Division 4 (Sect. 2.03.460 et seq., BMC).
Duties and powers of the Board, who may request board action and the limitations of the
board’s power, are included. In May of 2009, the City Commission adopted Ordinance No. 1759
which amended the original Ordinance. Changes made relating to the board itself were minor.
Board Duties and Responsibilities
Bozeman Municipal Code, Chapter 2, Article 3, Division 4 – Code of Ethics
The Code of Ethics is an important piece of City law. As the declaration of policy section
2.03.460 states, 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.
Following are sections within the Code of Ethics directly related to the Board and a brief
summary of each. Other sections within the Code of Ethics provide additional direction to the
Board and the public in addressing ethical issues and violations.
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Sec. 2.03.580 - Board of Ethics.
This section defines the composition and terms of the Board, requirements for membership,
and lists the support City staff will provide.
Sec. 2.03.600 - Duties and powers of the board.
This section provides details about Board procedures related to meetings, conducting hearings,
and reporting and establishing procedures for administration and implementation of the Code
of Ethics. These duties include:
• Evaluating all aspects of the Code of Ethics to ensure the public and all public servants
have a reasonable opportunity and are encouraged to participate;
• Developing a plan to educate public servants about their rights, duties and
responsibilities;
• Submit an annual report of summary decisions, opinions and recommended actions
regarding ethical practices or policies;
• Arrange for an annual workshop or training program for all employees, elected officials
and board and committee members; and
• Conduct hearings as needed.
Sec. 2.03.610 - Who may request board action.
This section outlines that any person may file a complaint with the Board and further explains
who may request of the Board an ethics opinion.
Sec. 2.03.620 – Limitations on board’s power.
This section explains in detail what limitations are placed on the Board and that the Board may
refer a matter to the city attorney for review.
In addition to the City’s Code of Ethics, the Board has jurisdiction over State of Montana Ethics
laws. These provisions are codified in Title 2, Chapter 2, Part 1, MCA (Sect. 2-2-101, et seq.,
MCA).
Requirement of Annual Report
The annual report of the Board is a way to inform the public, officials and city employees of
what the Board has accomplished in the past year and report any decisions or opinions.
The Bozeman Municipal Code Sec. 2.03.600 specifically states that the board shall:
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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.
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2019 Year-End Report
2019 Ethics Training
This year’s employee ethics training was designed by City Manager Andrea Surratt with support
from City Attorney Greg Sullivan and Executive Assistant Julie Hunter. An Ethics Team was
formed of City department representatives and tasked to create realistic ethics scenarios with
resolutions that could be used for training and instruction. Variations of the training provided
customization for employees and boards. The Board of Ethics approved the curriculum and it
was provided to the Ethics Trainers, made up of HPO Members and Board Liaisons. A Train the
Trainers session was held to teach how to facilitate the training sessions among their teams
and/or boards. Trainers were walked through each scenario carefully to assure they were
comfortable with the resolutions. They were given multiple resources from which to draw from
including how-to documents, Municipal Code citations and City personnel who could guide
them at any time. The Trainers completed the Ethics Training sessions by the end of October,
2019.
The city continues to ask new employees and board members to complete ethics training
shortly after hiring/appointment to help familiarize them with the Code and to meet the yearly
training requirement even when joining the organization after the yearly training.
Summary of the Board’s Decisions and Opinions
In December, 2018 Roger Koopman brought an Ethics Complaint alleging that city public officials or City
public employees violated the Montana Code of Ethics or violated Bozeman’s Code of Ethics while
engaging in acts connected to the recently concluded bond issue election. The Board of Ethics held
public meetings in January and February, 2019 to address Mr. Koopmans’s Ethics Complaint. Upon
review of the complaint, and with the findings of the Office of the Commissioner of Political Practices
(COPP) (which issued a Dismissal of Mr. Koopman’s complaint) the Board of Ethics accordingly dismissed
the entirety of the allegations of Mr. Koopman’s Ethics Complaint. Please see COPP decision, Board of
Ethics Decision and District Court Decision here.
Upcoming Recommendations
City Attorney Greg Sullivan has asked the board to clarify whether benefits received by employees in
their status as members of a collective bargaining unit are considered gifts under the City’s ethics code.
Under state and federal regulations for state and federal employees, federally applicable benefits to an
employee through their union are not gifts. Mr. Sullivan is asking the Board of Ethics to clarify this is also
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Board of Ethics Report, 2019
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the case for Bozeman. The same consideration was asked of discounts for professional affiliations.
Recommendations were put forth in a memo shared at the 10-09-2019 Board of Ethics meeting.
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2019 Ethics Program
City of Bozeman
TRAIN-THE-TRAINER + BOARD LIAISON TRAINING
September 2019
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Overview
In 2018 we trained 418 staff members and 160 board and commission volunteers
Ethics is more integrated into staff and board/commission meetings all year
Now equipping any staff interested to facilitate training as an opportunity for professional development
The City of Bozeman Code of Ethics is a best practice for local government in Montana
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Timeline
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Why Facilitate Ethics Training Instead of Online?
Equipping staff to facilitate training helps make the material more familiar
Engaging in Conversation HELPS US LEARN
Probing for More Information (using questions that begin with Who, What, When, Why, Where, and How)
Participants have knowledge that we need to draw out
Participants are sometimes hesitant to begin the conversation
Reaching conclusions will likely lead to more unanswered questions
THAT’S OKAY!
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When in doubt…ask questions like these
The benefit of the training is the discussion that happens in the gray areas of each scenario. Become comfortable with these types of questions for effective facilitation of the Ethics Training:
What is the issue or problem that needs to be solved?
What information do we not have?
Who is involved?
When is the occurrence taking place?
Why might we need to pause and ask the ethics questions to ourselves?
Where can we go for help? What are the resources?
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What to Expect
The Notes section will have general answers built in to PowerPoint
Questions related to staff scenarios (Blue)
Board and Commission-focused scenarios (Green)
Varying opinions and what-if questions that will generate lively discussion
Frustration by some participants
Ethics Board members may attend various sessions, likely other board or commission
trainings. They are there to observe and learn, not necessarily to be the experts in the room.
GOAL: 45 minutes to an hour of discussion
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Resources
Code of Ethics
Purchasing Policy
Montana Code Annotated (MCA)
Administrative Orders
A Copy of the Employee Handbook (also encourage Employees bring their copy)
You can request a staff partner (other Trainer) to accompany you with the training
Sign In Sheet for Documentation of Participants
Flip Chart for Possible Future Questions or Other Concerns (putting items in the “Parking Lot”)
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Let’s Get Started!
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Captain Klink received a call from
the manager of Cafe M (777 E Main)
to say that she doesn’t think it is
right that Detective Howard (who
she knows lives in Four Corners)
comes through the drive through
every morning in his city vehicle.?
122
Captain Klink received a call from
the manager of Cafe M (777 E Main)
to say that she doesn’t think it is
right that Detective Howard (who
she knows lives in Four Corners)
comes through the drive through
every morning in his city vehicle.
Section 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.
123
Laurie at the Library has a 10:00 am state
meeting in Helena tomorrow. Tonight, she works
at the Library until 8:00pm. She has been
planning to take the new Library car to Helena,
so she decides to take the car home after she is
done with work tonight. Her son’s 30th birthday
is today and he is having a celebration tonight at
his house. She decides to take the Library car to
her son’s house to celebrate with him and then
drive it home for her early departure
tomorrow.
?
124
Section 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.
Laurie at the Library has a 10:00 am state
meeting in Helena tomorrow. Tonight, she works
at the Library until 8:00pm. She has been
planning to take the new Library car to Helena,
so she decides to take the car home after she is
done with work tonight. Her son’s 30th birthday
is today and he is having a celebration tonight at
his house. She decides to take the Library car to
her son’s house to celebrate with him and then
drive it home for her early departure
tomorrow.
125
Kevin, a city employee, is a city representative
on the Mental Health Support Foundation
Board which meets six times a year. Kevin was
asked to serve because of his past work on
issues related to homelessness. He often finds
that he must miss meetings due to scheduling
conflicts but continues to try to make it work.
The Foundation Board is hosting a significant
long range planning process. Does the Ethics
Code address this issue?
?
126
Section 2.03.490 Standards of Conduct
C. Each official and employee serving
on a multimember is expected to
devote the time and effort necessary
to the successful functioning of such
agency.
Kevin, a city employee, is a city representative
on the Mental Health Support Foundation
Board which meets six times a year. Kevin was
asked to serve because of his past work on
issues related to homelessness. He often finds
that he must miss meetings due to scheduling
conflicts but continues to try to make it work.
The Foundation Board is hosting a significant
long range planning process. Does the Ethics
Code address this issue?
127
Audrey, a city employee, follows the process to
contract with a consultant for educational
materials that will be used to promote events
for a community outreach process. These
materials cover topics such as polling the public
on the legalization of marijuana and its impact
on city zoning. A citizen files an ethics
complaint against Audrey for promoting a
controlled substance with city taxpayer dollars.?
128
Section 2.03.470 Definitions
8. Improper governmental action
8c. 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.
Audrey, a city employee, follows the process to
contract with a consultant for educational
materials that will be used to promote events
for a community outreach process. These
materials cover topics such as polling the public
on the legalization of marijuana and its impact
on city zoning. A citizen files an ethics
complaint against Audrey for promoting a
controlled substance with city taxpayer dollars.
129
Jane is a billing clerk at City Hall. One day while at work,
Bill, a city resident, called and said that he had sold his
house to Fred and Sheila Brown. Jane proceeded to tell
Bill that she would finalize his account and put the home
into the new owners’ names. Bill said he wanted to keep
it in his name because he was renting it from the Browns
for a month. When Jane informed him City Ordinance
requires that all water and sewer bills have to be in the
property owners’ name, Bill was angry and adamantly
demanded that it be left in his name, after all it was only
one month. Jane finally relented and agreed to leave it in
Bill’s name, after all it would save her and the garbage
crew significant time.
?
130
Section 2.03.490 Standards of Conduct
B. Officials and employees shall
conduct themselves with propriety,
discharge their duties impartially and
fairly, and make continuing efforts
towards attaining and maintaining
high standards of conduct.
Jane is a billing clerk at City Hall. One day while at work,
Bill, a city resident, called and said that he had sold his
house to Fred and Sheila Brown. Jane proceeded to tell
Bill that she would finalize his account and put the home
into the new owners’ names. Bill said he wanted to keep
it in his name because he was renting it from the Browns
for a month. When Jane informed him City Ordinance
requires that all water and sewer bills have to be in the
property owners’ name, Bill was angry and adamantly
demanded that it be left in his name, after all it was only
one month. Jane finally relented and agreed to leave it in
Bill’s name, after all it would save her and the garbage
crew significant time.
131
A City of Bozeman Firefighter walks into
Sportsman’s Warehouse on Public Service
Appreciation Day where Military Veterans,
Police, Fire and Emergency Services
workers are offered a 20% discount. The
cashier notices their Bozeman FD T-shirt
and mentions the available discount.
Instead of using his affiliation as a City
Firefighter, he displays his current Army
National Guard ID card.
?
132
A City of Bozeman Firefighter walks into
Sportsman’s Warehouse on Public Service
Appreciation Day where Military Veterans,
Police, Fire and Emergency Services
workers are offered a 20% discount. The
cashier notices their Bozeman FD T-shirt
and mentions the available discount.
Instead of using his affiliation as a City
Firefighter, he displays his current Army
National Guard ID card.
Section 2.03.540 Gifts, gratuities and favors.
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
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
133
•Sally receives a gift from a regular patron at the
Library when they come in to return their
library books. The patron says she got it for
free as a part of a gift basket she won from the
mall. The item is something Sally would actually
use, so she would like to keep it if possible.
Sally is a supervisor, so has some control over
decisions that are made, but not ultimate
authority on policy changes or exceptions.
Upon further review, the gift seems to have a
value of $17.00 if someone were to purchase it
themselves.
•Part 2-the gift has a value of $65.00 if
someone were to purchase it themselves.
•Part 3 –the gift has a value of $65.00 but Sally
filled out a gift disclosure form with the City
Clerk
?
134
Section 2.03.540 Gifts, gratuities and
favors.
(review entire Section for answers)
•Sally receives a gift from a regular patron at the
Library when they come in to return their
library books. The patron says she got it for
free as a part of a gift basket she won from the
mall. The item is something Sally would actually
use, so she would like to keep it if possible.
Sally is a supervisor, so has some control over
decisions that are made, but not ultimate
authority on policy changes or exceptions.
Upon further review, the gift seems to have a
value of $17.00 if someone were to purchase it
themselves.
•Part 2-the gift has a value of $65.00 if
someone were to purchase it themselves.
•Part 3 –the gift has a value of $65.00 but Sally
filled out a gift disclosure form with the City
Clerk.135
Jessica is the president of the Absarokee Views
HOA. She is also a Planner I at the City of
Bozeman. Jessica is assigned to review the
development application of a large apartment
complex across the street from her personal
residence. She enjoys walking her dog and playing
Frisbee with friends in the now vacant field. In
Jessica’s staff report she makes findings that the
proposed project is inconsistent with the
character of the neighborhood because it does
not meet the requirements for providing quality,
usable shared open space.
?
136
Jessica is the president of the Absarokee Views
HOA. She is also a Planner I at the City of
Bozeman. Jessica is assigned to review the
development application of a large apartment
complex across the street from her personal
residence. She enjoys walking her dog and playing
Frisbee with friends in the now vacant field. In
Jessica’s staff report she makes findings that the
proposed project is inconsistent with the
character of the neighborhood because it does
not meet the requirements for providing quality,
usable shared open space.
Section 2.03.520 Conflict of Interest
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.
Definition of "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.
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 respect to
ballot issues, properly incidental activities are restricted to:
(i)the activities of a public officer, the public officer's staff, or legislative staff related to
determining the impact of passage or failure of a ballot issue on state or local government
operations;
(ii)in the case of a school district, as defined in Title 20, chapter 6, compliance with the
requirements of law governing public meetings of the local board of trustees, including the
resulting dissemination of information by a board of trustees or a school superintendent or a
designated employee in a district with no superintendent in support of or opposition to a
bond issue or levy submitted to the electors. Public funds may not be expended for any form
of commercial advertising in support of or opposition to a bond issue or levy submitted to
the electors.
(c)This subsection (3) is not intended to restrict the right of a public officer or public employee to express
personal political views.
137
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.
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138
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.
139
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.
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140
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.
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.
141
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.
?
142
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.
MCA 13-35-226. Unlawful Acts of
Employers and Employees
(4)A public employee may not 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
while on the job or at the place of employment.
However, subject to 2-2-121, this section does
not restrict the right of a public employee to
perform activities properly incidental to
another activity required or authorized by law
or to express personal political views.
BMC 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.
Appointed board member advocacy rules -
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CONGRATULATIONS!
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