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HomeMy WebLinkAbout08-09-21 Public Comment - H. Happel - Board ConsolidationFrom:Henry Happel To:Agenda Cc:Martin Matsen; Jeff Mihelich Subject:Resolution 5323 Date:Monday, August 9, 2021 10:21:30 AM Attachments:Res 5323-hh.pdf CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear Commissioners: I am writing with regard to Commission Resolution No. 5323, which is on the City Commission’s agenda for consideration at its August 10 meeting. I am the chairmanof the Bozeman Planning Board. These comments, however, are submitted in myindividual capacity only. The Planning Board has not engaged in any consideration of Resolution 5323. Although I generally support the thrust of this Resolution, I think it needs furtherwork. Specific comments follow: Subsection 1.3.a: Along with the criteria listed, I think it would be important to add a reference to competency. I would argue that competency is in fact at least as important as the criteria currently identified. I would suggest the following: “Interview questions must ensure applicants receive a fair comparison withother candidates and will focus on the applicant’s competency for the position, potential conflicts of interest, and compliance with norms of conduct, including but not limited to decorum, communications, and the concept ofacting as a body with one voice." Subsection 2.3: I wonder if the limitation on communications from boards to the City Commission is well-advised. As a general matter, adherence to this restrictionon communications from a board to the City Commission would mean that the onlyway for Commissioners to understand a board’s reasoning in adopting a resolution, or understand the tenor of it’s discussion leading to a resolution, would be to review the video of the relevant board meeting. That strikes me as burdensome. In addition,this provision would prohibit such things as an informal presentation by aCommunity Development Board member, and a solicitation of views from the City Commission, concerning progress on a new City Growth Policy. I am not sure what concern the City is attempting to achieve with the language in this Subsection, but I am wondering if there is not some more limited prohibitions that would accomplishits objectives. Subsection 2.5: I find this provision vague. I don’t know what is meant by “policy related questions.” I could argue that everything the Planning Board takes up is "apolicy related question". Subsection 2.6: I wonder if the intent of this Subsection and Subsection 2.3 above might be better accomplished by the simple statement that no board membershall purport to speak on behalf of his or her board in any communications with theCity unless authorized to do so by a specific resolution adopted by the board. Subsection 3.2.a.iv: This provision says in part that the Commission liaison has aduty to “provide direction…to the board”. I am under the impression thatCommission liaisons who are not voting members of the board on which they serve are not to provide direction to the Board. Subsection 3.2.a.v would seem to support this impression. Subsection 3.3: Every Subsection of this Section, other than the first, concerns itself with communications from board members to City staff. I think that this Subsection has laudable goals, but also some significant problems: Subsection 3.3.c and e: In my view, board members and staff should be allowed to engage in a free-flowing, civil conversation concerning issues before the board. More constrained conversations will ultimately detract from the quality of advicethat the board provides to the City. However, board members need in theircommunications to always recognize and acknowledge that reasonable people can disagree and often do. A board member should be able to politely question conclusions that an employee may have reached about one or more matters germaneto the board’s inquiry. What’s the purpose of a citizen advisory board if boardmembers can’t? On the other hand, members unable to consistently follow and uphold guidelines of civility should be removed from the board on which they serve. Subsection 3.3.d and f: There should be a simple prohibition on boards, or members of boards, attempting to order any staff person to take, or refrain from taking, any action. On the other hand, boards and board members should be able to request thatstaff persons provide information relevant to the board's tasks. (I certainly do sofrom time to time.) It is up to staff to decide whether to honor the request. Subsection 3.3.g: Taken literally, this provision would prohibit any member of anycitizen advisory board from testifying before the City Commission about almost anymatter under consideration by the Commission unless the City Manager and the City Commission had provided prior approval. Board members would not have rights granted to ordinary citizens. If the prohibition applied to boards as opposedto board members and if approval was only required from the City Manager, it would arguably be appropriate. However, it is an interesting question whether a board, acting as a board, should beable to offer recommendations to a City department. The Planning Board recently did just that. We thought it a good idea for the City to ask developers, as part of the development application process, to write a narrative about what the developer perceives as the benefits of his or her proposed development to the City. We wrotea Memo to the Community Development Department asking that it giveconsideration to this idea. We considered sending this Memo directly to the City Commission (each Commissioner did get a copy of the Memo) but on reflection thought it better to let Mr. Matsen have a look at this proposal and decide how toproceed with it. That way we would not burden the City Commission withsomething that would perhaps be thought inappropriate further down the chain of command. What we did would clearly run afoul of a prohibition on a board trying to influence a department’s policies. Was this a good approach, procedurally, to providing advice to the City? We thought so. Subsection 3.3.h.i): In my view, criticisms of staff should be made only in rarecircumstances and then in private to the staff person’s supervisor and should be supported by factual information (video from a board meeting, email exchange, contemporaneous memo). Subsection 3.3.h.ii): This provision is redundant with what’s in Subsections 3.3.d and f. Subsection 3.3.h.iii): I’m not sure what is trying to be accomplished by thisSubsection, but it would seem to me to seriously impede the free flow ofinformation and to burden board chairpersons with trying to determine what are “questions other than those directly related to the factual basis of an agenda item.” Subsection 3.3.i.i): I would revise this to say that Board members may not attend staff meetings unless requested by the Department head or the City Manager. Subsection 3.3.i.ii): The prohibition in the second sentence of this Subsection saysthat a board member should not appear at a public meeting unless requested by the City Manager. Any citizen of Bozeman may attend public meetings, but board members would not enjoy this right. This seems bizarre. Subsection 3.3.j: This provision is redundant with what’s in Subsection 3.3.g. The Ordinance also contains a modest number of non-substantive glitches. The fixes for these are obvious. Attached to this email is a copy of the Ordinance withthese glitches highlighted. There may be others that have skipped my attention. My overall impression is that proposed Ordinance 5323 needs further thought and work and should not be blessed in its present form by the City Commission. Sincerely, Henry Happel 608 S. Grand Ave. Version April 2020 Resolution 5323 Page 1 of 6 RESOLUTION 5323 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, ESTABLISHING STANDARDS FOR THE RECRUITMENT AND SELECTION OF BOARD MEMBERS, ESTABLISHING STANDARDS FOR COMMUNICATION, AND ESTABLISHING EXPECTATIONS, DUTIES, AND NORMS OF BEHAVIOR FOR ALL APPOINTED CITY BOARDS, COMMISSIONS, AGENCIES, AND COMMITTEES. WHEREAS, Article IV, Section 4.07 of the Bozeman Charter permits the City Commission to create boards, commissions, or committees as determined necessary; and WHEREAS, on April 16, 2018, the Bozeman City Commission formally adopted the Bozeman Strategic Plan via Resolution 4852; and WHEREAS, the Strategic Plan Section 1.2 Community Engagement encourages the City of Bozeman to “[b]roaden and deepen engagement of the community in city government, innovating methods for inviting input from the community and stakeholders” by “restructure[ing] or combin[ing] City boards and committees to more effectively advise the City and engage the public”; and WHEREAS, City Staff prepared a Memorandum and Proposed Plan for board restructuring, made the plan available on May 20, 2021 for public review, and provided public notice to inform the public of the opportunity to review and comment on the Proposed Plan; and WHEREAS, the City Commission held public work sessions on February 23, May 25, and June 22, 2021 during which it received and reviewed all public, written and oral testimony on the restructuring of City boards; and WHEREAS, on June 22, 2021, and in consideration of such testimony, the City Commission confirmed direction for City Staff to move forward with restructuring the City’s advisory boards; and Version April 2020 Resolution 5323 Page 2 of 6 WHEREAS, Strategic Plan Section 7 High Performance Organization states, “[w]e operate as an ethical high performance organization, anticipating future needs, utilizing best practices, and striving for continuous improvement.” WHEREAS, the Commission intends by this Resolution to establish standards for the recruitment and appointment of board members, establish standards for how board members will communicate with the Commission and individual members of the Commission and City staff (“High Performing Boards”)to increase efficiency and efficacy of advisory board input; and WHEREAS, High Performing Boards aims to formalize and streamline communications between the City Commission, advisory boards, the City Manager, and the public; and WHEREAS, High Performing Boards aims to achieve policy driven decision-making; and WHEREAS, High Performing Boards aims to create consistency, predictability, and stability by clearly defining duties, norms, and expectations; NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman, Montana, to wit: SECTION 1: Membership, Recruitment, & Appointment 1) Membership: Membership is established in the resolutions, ordinances, or statutes establishing each Board’s structure, including any mandatory member qualification. Additional membership requirements include: a) Board Members may only serve in one City appointed position at a time; b) The balance of an unexpired term served by an appointee shall be considered a “term” if such unexpired term exceeds 50% of the full term; c) Upon completion of a gap in service equal to a position’s full term, a former member may be eligible for re-appointment; d) Appointments should be made during a regular meeting in January. 2) Recruitment: During the recruitment process the City will actively integrate its diversity, equity, and inclusion goals. Commissioners, Board Members, and the City Manager are encouraged to actively recruit qualified members to apply. Formal recruitment will occur by three methods: a) Vacancies will be posted in the lobby of City Hall and on the City’s website; b) Biannual active solicitation period, as prescribed in Section 4.07 of the City Charter; and c) As necessitated by vacancies. Version April 2020 Resolution 5323 Page 3 of 6 3) Review: The review of applicants shall occur by a panel consisting of the assigned Commission Liaison, Board Chair, and the City Manager’s assigned staff liaison: a) Interview questions must ensure applicants receive a fair comparison with other candidates and will focus on potential conflicts of interest, compliance with norms of conduct, including but not limited to decorum, communications, and the concept of acting as a body with one voice. b) Evaluation criteria must consider the City’s goals related to diversity, equity, and inclusion, the duties and purpose of the individual board, and any membership requirements in enabling legislation or law. 4) Appointment: All Board appointments will be made by the City Commission except for appointments authorized by law to be made by the Mayor. Board officers (chair & vice-chair) shall be appointed by the City Commission SECTION 2: COMMUNICATIONS 1) The boards shall receive direction from the City Commission via pursuant to the Commission’s bi-annual goal setting, requested assigned work priorities, or other specific direction as the Commission may provide; 2) A board’s annual work plan must align with the Commission’s adopted Strategic Plan 3) The Board should communicate with the Commission only through approved minutes, work plans, progress reports, or formal recommendations/resolutions voted on by the Board; 4) Board chairs shall communicate with the staff liaison on matters related to the board’s operations and the board’s agenda; 5) Board chairs should direct policy related questions to both the Commission Liaison and staff liaison; 6) Board members shall adhere to the “One Body, One Voice” principle in communications to the City Commission on matters under the Board’s purview, or may become under the purview of the Board. 7) City staff will develop minutes that the Board will review and approve; minutes shall be provided to the City Commission and made available to the public. SECTION 3: EXPECTATIONS, DUTIES, AND NORMS OF BEHAVIOR Norms for Board Members are modeled upon the City Commission’s norms policy as presented in Resolution 5124 and the rules of procedure modeled upon the City Commission’s as presented in Chapter 2, Article 2, BMC (Exhibit A) are incorporated herein. Version April 2020 Resolution 5323 Page 4 of 6 1) Training of Board Members: Board Members must participate in an onboarding program established by the City Manager. a) The training will include, but not be limited to: i) General onboarding: Boards procedures, open meetings, public records, process, and requirements, and expectations; ii) Purposes and focus areas of the Board to be presented by the Staff Liaison; iii) “Effective Meetings” – a training to assist Board Members in conducting an efficient and effective meeting; iv) Ethics: Initial ethics training upon appointment and annual ethics training as required by the Charter;; and b) Board Members must complete onboarding and training within six months of the appointment of any member; and c) Board members must participate in a six-month check-in with the Staff liaison and Commission Liaison. 2) Duties: a) Commission liaison has the following duties: i) Lead the interview of applicants; ii) Serve as the primary contact with the Board for the City Commission; iii) Assist with resolving questions regarding the role of the City Commission, City Manager, Staff Liaison, and the Board; iv) Provide direction and relay City Commission’s position to the board; v) Serve as contact rather than an advocate, unless assigned as a voting member; vi) Review work plan and make recommendations to the City Commission regarding the Board’s work plan; vii) Support efficient Board operations; and viii) Assist training of new board members. b) The Presiding Officer has the following duties: i) Act as meeting facilitator; ii) Maintain a tone of civility during debate; iii) Ensure the public has a meaningful opportunity to participate, and that meetings operate fairly and impartially; and iv) Ensure the Board’s questions and discussion are is germane to the issues presented. c) Board Members have the following duties: i) To ensure the Board has a quorum at all meeting, commit sufficient time to ensure regular and punctual attendance; ii) Be prepared, attentive, and participate; iii) Abide by rules of procedure, norms of behavior, and the City and State Codes of Ethics; iv) Notify staff liaison as soon as they learn they will not be able to attend a meeting and Version April 2020 Resolution 5323 Page 5 of 6 of any changes to contact information. d) Staff liaison and/or their designee(s) will prepare the agenda with collaboration from the board chair. 3) Norms of behavior: a) Board members are encouraged to share their experience and knowledge with new members; b) board members should treat all city employees with respect, and in doing so recognize staff in performing their work strive to always serve the public to the best of their abilities; c) Board members should be mindful of arguing or debating the merits of a staff person's professional judgment; rather, should board members disagree with an employee's professional judgment they should direct such disagreement to the staff liaison; in the event that the staff liaison is subject to the disagreement, board members should direct their concerns to the City Manager; d) Board members must seek to ensure an employee recognizes the board member's questions are for purposes of inquiry only and should in no way be taken as an order, a request to take action, or a directive; e) Board members should not use language or communication methods that a reasonable person would find humiliating, intimidating, hostile, or offensive; f) A board member may not take any action that could be construed as a directive or order to staff; g) A board member must not attempt to pressure or influence discussions, recommendations, workloads, schedules, or department priorities absent the approval of the City Manager and only then upon an action of the majority of the City Commission; h) Board interaction with staff during board meetings: i) Criticism of staff by a board member should be made in private to the City Manager. Board members are encouraged to provide commendation to staff in public; ii) Board members may not directing or issuing orders to staff; iii) Board members may direct questions regarding the factual basis for an item or a question soliciting staff expertise to the city employee presenting the item; questions other than those directly related to the factual basis of an agenda item should be directed to the staff liaison who may request the assistance of other city employees in answering the question. i) Specific provisions for board member's attendance at meetings other than board meetings: i) Board members may not attend staff meetings unless requested by the City Manager; ii) Board members’ conduct at public meetings or other events should be informed by this resolution and the Code of Ethics. Board member attendance at public meetings called by the staff or City Manager should not occur unless requested by the City Version April 2020 Resolution 5323 Page 6 of 6 Manager. j) All appointed members of city boards or committees should be mindful of the prohibition regarding interference with administration. PASSED, ADOPTED, AND APPROVED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the 10th day of August, 2021. ___________________________________ CYNTHIA L. ANDRUS Mayor ATTEST: ___________________________________ MIKE MAAS City Clerk APPROVED AS TO FORM: ___________________________________ GREG SULLIVAN City Attorney Appendix A Rules of Procedure Section 1 Applicability A. These rules shall govern the conduct of all City of Bozeman boards, commissions, agencies, and committees (hereinafter "boards") where a majority of members are appointed by the City Commission and shall supplement other governing rules of the board. B. These rules are supplementary to the provision of Title 7, Chpt. 1, Part 41, MCA, Title 7, Chpt. 5, Parts 41 and 42, MCA, and Title 2, Chpts. 2 and 3, MCA as they relate to procedures for conducting meets and public hearings before City boards. Section 2 Chairperson and Vice Chairperson – Powers and Duties A. The City Commission will appoint the Chairperson and Vice Chairperson for the year within one month of the start of new members’ terms. B. The recording secretary shall be any staff member assigned by the Staff Liaison. C. The Chairperson shall be the presiding officer of the board. D. During the absence of the chairperson, the vice chairperson shall discharge the duties and exercise the powers and authority of the chairperson. E. The presiding officer shall preserve strict order and decorum at all meetings and confine members in debates to the question under consideration. F. The presiding officer may move or second any item of business then before the board. G. The presiding officer shall state, or cause to be stated, every motion coming before the board, announce the time for a roll-call vote to be announced by the recording secretary, announce the decision of the board on all subjects, and decide all questions of order, subject, however to an appeal to the board, in which event a majority vote of the board members present shall govern and conclusively determine such question of order. H. The presiding officer shall vote on all questions. Section 3 Parliamentary Authority A. Unless otherwise specifically provided herein or by ordinance or statute, all meetings and hearings of the boards shall be conducted in accordance with these rules. B. In all cases not covered by these rules, the controlling parliamentary authority shall be the latest edition of Robert's Rules of Order, Newly Revised. Section 4 Meeting Agendas A. The staff liaison, or their designee, shall arrange a list of matters to be brought before the board according to the order of business specified herein, and furnish each member and the public through the City's website with a copy of the agenda and all supporting information no later than 48 hours immediately preceding the meeting for which that item has been scheduled. All material to be presented to the board for consideration with an agenda item shall be made available to the public within the above time frame. Copies of the agenda shall be available from the City Clerk and one copy shall be posted at the designated posting board in the City Hall for public viewing and made available on the City's website. Pursuant to Section 7-1-4135, MCA, the City Commission designates as the official posting place for all boards the posting board in the lobby of City Hall located at 121 North Rouse Avenue, Bozeman, Montana. B. The staff liaison shall prepare the meeting agenda and may consult with the Commission Liaison or the board Chairperson in preparing the agenda. The chairperson or a majority of board members may remove an item from the agenda. The agenda shall be in substantially the following form: a. Call to Order b. Disclosures c. Changes to the Agenda d. Public Service Announcements e. Approval of Minutes f. Consent Items g. Public Comments h. Special Presentations i. Action Items j. FYI/Discussion k. Adjournment Order of the above may be adjusted by the presiding officer. Section 5 Meetings All meetings of the board shall be open to the public unless authorized by law. Prior to closing any meeting of the board the Chairperson and Staff Liaison shall consult with the City Attorney. A. Regular Meetings a. Boards shall hold a regular meeting once a month or no less than quarterly as directed in their establishing documents. b. Any meeting of the board may be adjourned to a later date and time, provided that no adjournment shall be for a longer period than until the next regular or specially scheduled meeting. c. The Staff Liaison, presiding officer, or majority of the board may cancel a regular meeting if no business is scheduled for that meeting. B. Public Hearings a. Public Hearings are meetings required of some citizen advisory boards to be held as a public hearing pursuant to law. The provisions of subsection A of this section apply to Public Hearings. b. Unless prohibited by law, a public hearing may be rescheduled or adjourned to a specific later date and time. C. Executive Sessions a. Executive Sessions are meetings of the board with the purpose to discuss litigation strategy, a matter of individual privacy, or other matters wherein a meeting may be closed pursuant to law and will be scheduled as needed. b. Although each Executive Session will commence as an open public meeting, Executive Sessions may be closed to the public pursuant to authority and limitations in Title 2, Chpt. 3, Part 2, MCA. c. An Executive Session may be called at any time during any meeting if authorized by law. D. Special Meetings a. The Staff Liaison, presiding officer, or a majority of the board may call Special Meetings of the board, upon at least fort-eight (48) hours notice to each member personally served on each member through email or left at the member’s usual place of residence. b. Notice shall also be made to the public by, at a minimum, posting the agenda on the City’s website and posting board at least 48 hours prior. E. Subcommittees a. Subcommittees shall only be formed with the express authorization of the City Commission. b. Subcommittees shall be limited to a period of time not to exceed six (6) months or until the completion of an assigned specified task. Section 6 Order of Presentation/Public Participation A. The order of presentation in which items are presented to the board shall generally be as follows: a. The Staff Liaison, or their designee, shall present the agenda item to the board, if appropriate. b. If applicable, the Staff Liaison may present a background report on the matter for discussion. Upon conclusion of a staff presentation, board members may ask questions of staff for the purposes of understanding and clarification. If the agenda item is a public hearing, the presiding officer will open the public hearing prior to staff presentation. c. If applicable, comments from the applicant, or the applicant's agent, shall be heard. The applicant's presentation/testimony is limited, subject to the discretion of the presiding officer, to ten (10) minutes. d. After being recognized by the presiding officer, a board member may direct questions to the staff or applicant. e. Members of the audience or their agent may be invited to present testimony or evidence. To be recognized, each person desiring to give testimony or evidence shall step forward and, after being recognized, give their name and place of residence for the record. The presiding officer may establish a timeframe for each public comment, typically three (3) minutes per speaker and each speaker will be afforded the same allotment of time. The presiding officer may lengthen or shorten the time allotted for public testimony. f. After being recognized by the presiding officer, a board member may direct questions to any person so testifying for purposes of clarification, g. Following public comment, the Staff Liaison shall be given the opportunity to comment on any testimony or other evidence. h. Following staff comment and if a public hearing, the applicant will be given the opportunity to rebut or comment on any testimony or other evidence. The applicant's comments and rebuttal is limited, subject to the discretion of the presiding officer, to five (5) minutes. i. If a public hearing, following applicant rebuttal and any further questions, the presiding officer will close the hearing and bring the agenda item forward for discussion, motion and vote. j. If a public hearing, after being recognized by the presiding officer, a board member may direct questions limited to the rebuttal testimony and evidence. k. The recording secretary shall enter into the record all correspondence that has been received but was not yet provided. l. Unless required to act by a certain date pursuant to law, the board may continue the discussion to a date certain, close discussion and vote on the matter, or close the discussion and continue the vote to a date certain. B. All testimony and evidence shall be directed to the presiding officer. No person, other than a board member and the person recognized as having the floor shall be permitted to enter into the discussion. No questions shall be asked of a board member except through the presiding officer. C. The board may ask the staff liaison for their recommendation. D. If a public hearing, in the event the applicant does not appear at the scheduled time and place, unless the applicant has waived his or her appearance in writing, and which waiver has been accepted, or unless the matter is submitted as a consent item, the matter shall be continued to the next available regular meeting, public hearing date, or other date certain. E. For all public hearings involving land use and annexation decisions, the board will wait a minimum of one week before making a decision whenever requested by a member unless a decision is required due to a statute, ordinance or other law. Agreement with staff’s written findings is an acceptable method of presenting findings. F. Witnesses may be required to testify under oath. G. The board shall not be bound by the strict rules of evidence and may exclude irrelevant, immaterial, incompetent or unduly repetitious testimony or evidence. H. The presiding officer shall rule on all questions relating to the admissibility of evidence with advice from the City Attorney, which ruling may be overruled by a majority vote of the board. I. A public hearing which has been formally closed for all public input may not be reopened and no additional evidence or testimony from the public shall be received or considered except as provided herein. If additional information is required from the public before a decision can be made, the board upon motion duly made, seconded and passed, may call for an additional public hearing which hearing shall be noticed as required by law, specifying date, time place and subject matter of hearing. This paragraph does not preclude the board, after the public hearing, from asking questions of staff, receiving additional evidence from staff or, after a hearing held on a preliminary plat, pursuant to Title 76, Chpt. 3, MCA, from consulting the subdivider about conditions or other mitigation required of the subdivider. Upon decision by the presiding officer or upon a duly adopted motion of the board to reopen the public hearing prior to close of the agenda item in which the hearing was held, the requirement to provide public notice does not apply; the public hearing may be reopened and the additional input provided prior to a final decision on the item. Section 7 Quorum and Voting A. Unless otherwise provided by law, a quorum shall consist of a majority of all board members. If a quorum is not present, those in attendance shall be named and the board shall adjourn to a later time. B. The recording secretary shall reduce motions to writing and, upon request, shall read a motion prior to the vote. C. All votes shall be made by roll-call. D. Upon every vote, the outcome shall be stated and recorded. E. A board member has an obligation to vote unless there is a conflict of interest. F. Email, telephonic, or proxy voting shall be prohibited. Section 8 Rules of Debate/Reconsideration/Conflict of Interest A. Every board member desiring to speak shall address the presiding officer and upon recognition by the presiding officer, shall confine discussion to the question under debate, avoiding all personalities and indecorous language. B. A board member, once recognized, shall not be interrupted when speaking unless the member is to be called to order, or as herein otherwise provided. If a board member, while speaking is called to order, they shall cease speaking until the question of order be determined, and, if in order shall be permitted to proceed. C. Order of rotation in matters of debate or discussion shall be at the discretion of the presiding officer. D. A motion to reconsider any action taken by the board must be made on the day such action was taken. It must be made either immediately during the same session, or at a recessed and reconvened session thereof. Such motion shall be made by one of the prevailing side, but may be seconded by any member, and may be made at any time and have precedence over all other motions or while a board member has the floor. It shall be debatable— nothing herein shall be construed to prevent any board member from making or remaking the same or any other motion at a subsequent meeting of the board, but the matter must be duly scheduled as- an agenda item. E. Pursuant to the City' s Code of Ethics, a board member may seek the advice of the City Attorney as to whether the member has a conflict of interest pursuant to law. If the board member is advised there is a conflict of interest, the member shall recuse themselves, step away from the meeting table, and refrain from discussion and vote on the matter. F. After a motion, duly made and seconded, by the board, no person shall address the board without first securing the permission of the presiding officer. Section 9 Open Meetings and Email A. Except for properly- called executive sessions as permitted by state law, all meetings of the board shall be open to the public and media, freely subject to recording by radio, television and photography at any time, provided that such arrangements do not interfere with the orderly conduct of the meetings. B. A majority of the board shall not conduct synchronized email discussions involving a matter over which the board has supervision, control, jurisdiction, or advisory power. Synchronized email discussions are email exchanges among a majority of board members within minutes of each other that create the quality of simultaneity similar to instant messaging or chat room discussions. Such discussions are characterized as an active exchange of information rather than the passive receipt of information. An example of synchronized email discussion would be a majority of board members sitting at their computers and instantly exchanging emails concerning board business, whereas a passive receipt of information is where a board member receives an email and responds in the normal course of time similar to responding by letter received in the mail. The board shall not view emails or other electronic communication mechanisms concerning any matter on the agenda during a board meeting unless the submission is part of a specifically approved and adopted electronic public testimony program. Electronic communication mechanisms include text messaging or any other emerging technology that violates the spirit of' open meeting laws. This does not preclude viewing emails or electronic communication mechanisms that were received prior to the board meeting. Emails received by board members concerning an agenda item shall be forwarded to the staff liaison or board secretary and retained in accordance with the City's retention policy. Section 10 Decorum A. While the board is in a session, board members must preserve order and decorum, and a member shall neither, by conversation or otherwise, delay or interrupt the proceedings or the peace of the board nor disturb any member while speaking or refuse to obey the orders of the board or its presiding officer. B. Any person making personal, impertinent or slanderous remarks or who shall become boisterous while addressing the board may be denied farther audience with the board by the presiding officer, unless permission to continue is granted by a majority vote of the board. C. The board shall not debate, in a heated or argumentative manner, with a member of the public presenting testimony during a meeting. D. Speakers shall only address the agenda item before the board. Any person speaking on an agenda item not before the board may be called out of order. Section 11 Recording of Meetings and Minutes A. The recording secretary shall prepare a summary of all meetings to be known as the Minutes" and to be approved by the board. It shall not be necessary to formally read out loud the Minutes prior to approval. Such Minutes may be revised by the staff liaison or board secretary to correct spelling, numbering, and other technical defects. Prior to approval, any board member may request the privilege of amending or correcting the Minutes to accurately reflect the substance of the prior meeting. If objection is made by any board member to such amendment or correction, a majority vote of the board shall be necessary for adoption of the correction or amendment. The approved minutes shall be forwarded to the City Clerk's office for posting within a month of the meeting in which they were approved. B. Executive Session Minutes. Executive session minutes shall be taken and prepared by the board secretary. The board shall approve the minutes of an executive session in open meeting; provided, however that any discussion concerning the contents of the minutes, prior to approval, shall be conducted in executive session. The staff liaison or board secretary will distribute the draft executive session minutes to the members in a manner that ensures and retains confidentiality. The board shall follow the provision 2. 02. 130, BMC related to dissemination of executive session minutes. C. At the discretion of the board and City Clerk's office, meetings shall be televised, broadcast, and/or a video or audio recording made. Audio or video recordings shall be made available to the public unless required to be kept confidential by law. Section 12 Attendance at Meetings/Removal by City Commission/Terms A. All board members are expected to contribute the time necessary to fulfill their fiduciary obligations to the board. All board members are required if they are to be absent from a meeting to contact the presiding officer and the staff liaison prior to the meeting. If prior contact is made, the absence will be determined excused. If the board member fails to contact the presiding officer or staff liaison prior to the meeting, the absence will be considered unexcused. The City Commission and City Manager will be notified by the Staff Liaison of any board member with more than one unexcused absence in any calendar year. The board, via motion and vote, may forward to the City Commission the name of any board member having three or more excused absences, or a combination of excused and unexcused absences. As provided by law, the City Commission may remove a board member for excessive absences. B. A board member’s term may be extended for up to 30 days after term expiration on a case by case basis by the City Clerk’s Office if the board member has reapplied for a subsequent term but the application process has not yet been heard by the City Commission. C. All terms shall expire on December 31 of their given year. Section 13 Compliance with the City Code of Ethics A. All board members are required to follow State ethics laws regarding appointed officials and the City of Bozeman Code of Ethics. B. New board members will receive the City of Bozeman ethics handbook and must sign a form acknowledging receipt of the handbook and affirm they will uphold the state and city ethics codes. C. Board members are also required to attend City sponsored ethics training. Non- compliance with the City Code of Ethics and training requirements may result in removal of a board member. See the City Code of Ethics for more details. Section 14 Compliance with the City Purchasing Policy A. All boards are subject to the City purchasing policy (Administrative Order 2009-06), as revised, unless specified by law. B. City Staff Liaisons shall handle financial transactions unless specific arrangements have been made in writing through the City Controller. C. Boards shall not appropriate money unless specifically authorized by statute. Section 15 Compliance with State Records Retention Policy A. All City boards are subject to the State of Montana records retention policy. B. The City Clerk’s Office will handle retention of all agendas, minutes, and board resolutions once they have been forwarded to the Clerk’s Office. C. E-mails, websites and social networking sites are subject to adopted records retention schedules. For social media and websites, please refer to the current Information Technology Social Media Use Policy for further guidelines. D. Individual members are responsible for preserving communications that are potentially subject to the Right to Know provisions of Montana’s State Constitution (Art. II, Section 9) and may be considered a “public record” pursuant to Title 2, Chpt. 6, Montana Code Annotated. As such, these email, its senders and receivers, and the contents may be available for public disclosure and will be retained pursuant to the City’s record retention policies. Emails that contain confidential information such as information related to individual privacy may be protected from disclosure under law.