HomeMy WebLinkAbout09-29-21 Board of Ethics Agenda and Packet MaterialsA.Call meeting to order - 4:15 PM
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B.Disclosures
C.Changes to the Agenda
D.Public Service Announcements
E.Approval of Minutes
E.1 Approval of minutes from January 21, 2021 (Hunter)
F.Public Comment
Please state your name and address in an audible tone of voice for the record. This is the time for
individuals to comment on matters falling within the purview of the Committee. There will also be
an opportunity in conjunction with each action item for comments pertaining to that item. Please
limit your comments to three minutes.
G.Special Presentation
H.Action Items
H.1 Recommendation to the City Commission RE: Amending 2.03.540, Bozeman Municipal Code
(Gifts, Gratuities, and Favors) for Employee Wellness Program, Scholarships, and Union
Benefits.(Giuttari)
H.2 Review the City's Annual Ethics Training Curricul (Maas)
I.FYI/Discussion
THE BOARD OF ETHICS OF BOZEMAN, MONTANA
BOE AGENDA
Wednesday, September 29, 2021
1
J.Adjournment
For more information please contact Julie Hunter, jhunter@bozeman.net
This board generally meets on an as needed basis.
Committee meetings are open to all members of the public. If you have a disability and require
assistance, please contact our ADA coordinator, Mike Gray at 582-3232 (TDD 582-2301).
2
Memorandum
REPORT TO:Board of Ethics
FROM:Julie Hunter, Executive Assistant
Mike Maas, City Clerk
Greg Sullivan, City Attorney
SUBJECT:Approval of minutes from January 21, 2021
MEETING DATE:September 29, 2021
AGENDA ITEM TYPE:Administration
RECOMMENDATION:Approve minutes from January 21, 2021.
STRATEGIC PLAN:1.1 Outreach: Continue to strengthen and innovate in how we deliver
information to the community and our partners.
BACKGROUND:The minutes from January 21, 2021 are presented for approval.
UNRESOLVED ISSUES:None.
ALTERNATIVES:None.
FISCAL EFFECTS:None.
Attachments:
01-21-2021 Board of Ethics Meeting DRAFT MINUTES.pdf
Report compiled on: September 24, 2021
3
BOARD OF ETHICS
Minutes
4:15pm, Thursday, January 21, 2021
1. CALL MEETING TO ORDER
Melissa Frost called the meeting to order at 4:30pm
2. CHANGES TO THE AGENDA
3. PUBLIC COMMENT
There was no public comment
4. APPROVAL OF MINUTES
Melissa called for Approval of minutes, Sara moved to approve, Carson seconded.
Minutes were approved unanimously.
5. ACTION ITEMS
A. Disclosure of Information or Comments Received
There were no disclosures or comments
B. City Attorney’s Update (Sullivan)
C. Approval of 2020 Ethics Training Curriculum SULLIVAN – GS reviewed the challenges
of creating and deploying an Ethics Training. We will be using an online platform for
employee and board trainings. Upon BOE approval, HR will take the curriculum and
convert it for deployment in the LMS system. We are acting according to the City
Charter. GS reviewed the slides in the proposed curriculum. Carson Taylor questioned
the wording in Scenario 1. We can add the person’s name (Tanner) to make it more
clear and to change to grammar to represent an individual or the Board. We will
make that change. Carson asked about Scenario 3 and noted a typo. We will correct
the typo. Board members recognized the restrictions faced due to the pandemic. The
next annual training will take place in Fall 2021 so we can host them in-person.
Board Members were asked to participate in the training and to provide feedback.
Melissa opened the floor to Public Comment regarding the curriculum for Ethics
Training 2020: there was no public comment Sara moved to approve, Carson
seconded, the motion passed unanimously
D. Annual Report: SULLIVAN GS reviewed the Annual Report and the challenges of the
pandemic in relation to Boards and meetings. This was a quiet year and the report
reflects this. Melissa opened the floor to Public Comment: There was no Public
Comment on this agenda item. Carson moved to approve the 2020 Annual report.
Sara seconded. The motion passed unanimously.
6. FYI/DISCUSSION
4
Sara asked if Carson was considering retiring from the Board of Ethics. Carson told
the Board he had not yet made a decision about it.
Carson asked if staff wants BOE members to be available to take questions during
the Ethics Training. GS reviewed the code and determined the BOE does not have to
be available to answer questions. Julie and Jeff can formally transmit the Annual
Report to the Commission. We won’t have it on the Commission Agenda. CC does
not have to approve the Report, it is simply submitted by the BOE.
Carson discussed defining the line about Board Members speaking with those
interested in running for the CC. We would need to put this item on an upcoming
agenda for discussion. We will add this for future discussion and public comment.
BOE will not meet again until Spring 2021. A date is yet to be determined. Julie will
send out potential dates.
7. ADJOURNMENT
Melissa Frost adjourned the meeting at 5:14pm
5
Memorandum
REPORT TO:Board of Ethics
FROM:
Jennifer A. Giuttari, Assistant City Attorney
Greg Sullivan, City Attorney
SUBJECT:Recommendation to the City Commission RE: Amending 2.03.540, Bozeman
Municipal Code (Gifts, Gratuities, and Favors) for Employee Wellness
Program, Scholarships, and Union Benefits.
MEETING DATE:September 29, 2021
AGENDA ITEM TYPE:Ordinance
RECOMMENDATION:I recommend the City Commission to adopt Ordinance 2092 which amends
Gifts, Gratuities, and Favors , 2.03.540, BMC.
STRATEGIC PLAN:7.1 Values-Driven Culture: Promote a values-driven organizational culture
that reinforces ethical behavior, exercises transparency and maintains the
community’s trust.
BACKGROUND:
Introduction.
The Bozeman Municipal Code’s Code of Ethics governs the operations of the
City’s government, as well as the conduct and behavior of its officials and
employees. See generally 2.03.460 – 2.03.690, Bozeman Municipal Code.
Specifically Sec. 2.03.540 outlines the standards of conduct related to gifts,
gratuities, and favors that a person receives because of their employment or
official position with the City. Over time, this subsection has become one of
the most common ethical questions posed by City employees and officials.
Background.
On October 8, 2019, the City Attorney’s Office provided the Board of Ethics
with a memorandum addressing two questions regarding the line between
gifts, employment, and the City’s employee benefits program. During the
October 9, 2019 Board of Ethics meeting , the Board further considered the
October 8, 2019 memorandum and the Gifts, Gratuities, and Favors
subsection of the Bozeman Municipal Code. The Board discussed whether
benefits other than medical-related benefits provided by the City to its
6
employees constitute prohibited gifts. The Board also considered whether
benefits, other than labor representation provided by a labor union to its
members who are City employees, fall under the definition of “gifts” under
the Ethics Code. The Board’s discussion on gifts included conversation
regarding whether discounts available to employees through their
professional affiliations constitute a gift. On December 4, 2020, the City
Attorney memorialized his Opinion on this issue after a City employee
presented a similar ethical question pertaining to the Gifts, Gratuities, and
Favors subsection of the Code. Finally, during the December 4, 2020 meeting
the Board discussed how a non-profit affiliated with the City, such as a
foundation, can provide educational scholarship opportunities to City
employees.
Given the Board’s discussion on this issue at the October 9, 2019 Board of
Ethics meeting, and the questions raised in the City Attorney’s December 4,
2020 Opinion, we now request the Board review and provide a
recommendation to the City Commission regarding the proposed revisions
to 2.03.540, BMC as set forth in proposed Ordinance 2092. The proposed
amendments address all three of the above issues.
As noted in the December 4, 2020 memorandum, the proposed
amendments are consistent with the Bozeman City Charter’s provision that
“public office not be used for private gain” since the proposed amendments
do not place an employee or official in a position of choosing between the
interests of the City and their personal interests. See Bozeman City Charter,
Sec. 7.01. In addition, the proposed amendments are consistent with the
Code of Ethics’ declaration of policy at 2.03.460, BMC and the legislative
intent of the gift provision 2.03.540, BMC.
Moreover, this proposed amendment aligns with the City’s Strategic Plan
Sections 7.1 Values-Driven Culture, promoting a values-driven organizational
culture that reinforces ethical behavior, exercises transparency and
maintains the community’s trust, and 7.2 Employee Excellence, recruiting,
retaining and valuing a diverse, well-trained, qualified and motivated team
capable of delivering superior performance. Recognizing “legitimate
governmental interests exist that allow an employee or official to accept a
gift” we believe the issues addressed in the proposed amendments will
support the City’s efforts to recruit and retain a well-qualified and motivated
staff. Finally, the proposed amendment will provide City employees and
officials with more concrete guidance on this ethics question.
7
UNRESOLVED ISSUES:None.
ALTERNATIVES:
Not applicable.FISCAL EFFECTS:
None.
Attachments:
210922 Gifts-Ethics Ordinance.pdf
Report compiled on: September 22, 2021
8
Ordinance 2092
Page 1 of 5
ORDINANCE 2092
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA AMENDING BOZEMAN MUNICIPAL CODE SECTION 2.03.540 (GIFTS,
GRATUITIES, AND FAVORS).
WHEREAS, local government officials and employees hold positions of public trust, and
therefore must act independently, impartially, and responsibly to ensure the proper operation of
local government; and
WHEREAS, the proposed amendments are consistent with and uphold the Bozeman City
Charter’s prohibition on the use of public office for private gain at Sec. 7.01; and
WHEREAS, the proposed amendments are consistent with and uphold the Declaration of
Policy of the Code of Ethics at 2.03.460, BMC; and
WHEREAS, 2.03.540, BMC “establish[es] specific standards or conduct related to gifts,
gratuities, and favors that are provide to a person because of the a person’s employment or official
position with the city” and the proposed amendments are consistent with and uphold these
standards and legislative intent; and
WHEREAS, over the past two years, the City Attorney’s Office and the Board of Ethics
have repeatedly addressed questions requiring further interpretation of 2.03.540, BMC which
necessitates an amendment of the Code of Ethics.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF BOZEMAN, MONTANA:
Section 1
That Section 2.03.540, Bozeman Municipal Code, is amended as follows:
Sec. 2.03.540. Gifts, gratuities and favors.
A. Legislative Intent. The intent of this section is to further implement the declaration of policy
set forth in 2.03.460 and establish specific standards of conduct related to gifts, gratuities,
9
Ordinance No. 2092, (Amending the Gifts, Gratuities, and Favors Subsection in the Code of
Ethics)
Page 2 of 5
and favors that are provided to a person because of a person's employment or official
position with the city. Further, this section ensures City employees are not influenced in the
performance of their work by outside persons or entities in a manner that entices the
employee to shift their commitment and dedication away from public service to their own
personal interests or the interests of an outside entity or person. These standards recognize
legitimate governmental interests exist that allow an employee or official to accept a gift,
gratuity or favor in limited circumstances without such acceptance being considered the use
of public office for private gain. These interests include, but are not limited to, establishing
effective relationships with citizens, acceptance of professional and community awards for
public service, and attending public events in an official capacity. At the same time, these
standards make it clear that each public officer and employee holds such office or
employment as a public trust.
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
3. Has a value of $100.00 or more for an individual.
C. An employee or official may accept a gift, gratuity, or favor that has a value greater than
$25.00 but less than $100.00 for an individual only if such gift, gratuity or favor:
1. Complies with 2.03.540.B.1 and 2; and
2. Is provided incidental to and in conjunction with a public event where the official or
employee's attendance is in fulfillment of their official duties.
D. 1. An employee or official may accept a gift, gratuity, or favor that has a value greater than
$25.00 but less than $100.00 for an individual only if such gift, gratuity or favor that
complies with 2.03.540.B.1 and 2 and is provided incidental to and in conjunction with a
public event where the official or employee's attendance is in fulfillment of their official
duties.
2. An employee or official may accept payment or reimbursement from a person or entity
for necessary expenses such as travel, lodging, meals, and registration fees in excess of
$100.00 if the expense is incurred while representing the city and the reimbursement
would not violate 2.03.540.B.1 and 2. Reimbursement or payment for educational
activities in excess of $100.00 is permissible if the payment or reimbursement does not
place or appear to place the official or employee under obligation, clearly serves the
public good, and is not lavish or extravagant.
E. Upon the acceptance of a gift, gratuity, favor or award pursuant to 2.03.540.C, the recipient
shall file a disclosure statement with the board of ethics. Such disclosure statement shall
10
Ordinance No. 2092, (Amending the Gifts, Gratuities, and Favors Subsection in the Code of
Ethics)
Page 3 of 5
indicate the gift, its estimated value, the person or entity making the gift, the relationship to
the employee or official, and the date of the gift. The disclosure statement is a public record.
F. 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:
2. A prize received upon a random drawing at an event where the official or employee
attends in their capacity as an employee or official, the drawing is open to all attendees,
and receipt of the prize does not place the official or employee under obligation;
3. An award publically presented to an employee or official in recognition of public
service; and
4. Compensation for officiating at a ceremony.;
5. Benefits provided by the City as an employer beyond salary and medical-related
benefits, and which are available to all City employees;
6. Discounts on goods or services, or other benefits provided by a labor union to its
members who are employees of the City if:
i. the benefit is generally available throughout the state or the country to the
same category of union member; and
ii. the benefit is not offered to influence an employee to depart from the
faithful and impartial discharge of person’s public duties or to reward the person for
official action taken;
7. Discounts on good or services or other benefits provided by an employee’s
professional organization if:
i. the benefit is generally available throughout the state or the country to the
same category of union member; and
ii. the benefit is not offered to influence an employee to depart from the
faithful and impartial discharge of person’s public duties or to reward the person for
official action taken; and
8. Educational scholarships provided by a private entity affiliated with the City or with an
employee’s labor union or professional organization, including but not limited to
private a corporation, foundation, and non-profit organization, to an employee because
of their professional status or category if:
i. the benefit is not offered to influence an employee to depart from the
faithful and impartial discharge of person’s public duties or to reward the person for
official action taken; and
ii. the City does not purchase goods or services from the private entity.
11
Ordinance No. 2092, (Amending the Gifts, Gratuities, and Favors Subsection in the Code of
Ethics)
Page 4 of 5
Section 2
Repealer.
All provisions of the ordinances of the City of Bozeman in conflict with the provisions of
this ordinance are, and the same are hereby, repealed and all other provisions of the ordinances of
the City of Bozeman not in conflict with the provisions of this ordinance shall remain in full force
and effect.
Section 3
Savings Provision.
This ordinance does not affect the rights and duties that matured, penalties that were
incurred or proceedings that were begun before the effective date of this ordinance. All other
provisions of the Bozeman Municipal Code not amended by this Ordinance shall remain in full
force and effect.
Section 4
Severability.
That should any sentence, paragraph, subdivision, clause, phrase or section of this
ordinance be adjudged or held to be unconstitutional, illegal, or invalid, the same shall not affect
the validity of this ordinance as a whole, or any part or provision thereof, other than the part so
decided to be invalid, illegal or unconstitutional, and shall not affect the validity of the Bozeman
Municipal Code as a whole.
Section 5
Codification.
This Ordinance shall be codified as indicated in Section 1.
Section 6
Effective Date.
This ordinance shall be in full force and effect thirty (30) days after final adoption.
12
Ordinance No. 2092, (Amending the Gifts, Gratuities, and Favors Subsection in the Code of
Ethics)
Page 5 of 5
PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman,
Montana, on first reading at a regular session held on the _____ day of ________________, 20__.
____________________________________
CYNTHIA L. ANDRUS
Mayor
ATTEST:
____________________________________
MIKE MAAS
City Clerk
FINALLY PASSED, ADOPTED AND APPROVED by the City Commission of the
City of Bozeman, Montana on second reading at a regular session thereof held on the ___ of
____________________, 20__. The effective date of this ordinance is __________, __, 20__.
_________________________________
CYNTHIA L. ANDRUS
Mayor
ATTEST:
_______________________________
MIKE MAAS
City Clerk
APPROVED AS TO FORM:
_________________________________
GREG SULLIVAN
City Attorney
13
Memorandum
REPORT TO:Board of Ethics
FROM:Jesse DiTommaso, Deputy City Clerk
Mike Maas, City Clerk
Greg Sullivan, City Attorney
SUBJECT:Review the City's Annual Ethics Training Curricul
MEETING DATE:September 29, 2021
AGENDA ITEM TYPE:Citizen Advisory Board/Commission
RECOMMENDATION:I move to approve the City's annual ethics training curriculum in accordance
with the City's Charter.
STRATEGIC PLAN:1.2 Community Engagement: Broaden and deepen engagement of the
community in city government, innovating methods for inviting input from
the community and stakeholders.
BACKGROUND:The City of Bozeman is returning to the discussion format for employee
ethics training. To create the curriculum, a team of volunteer staff from
multiple departments and multiple levels within the organization was
gathered to propose, discuss, and craft the scenarios for staff training. This
same group of volunteers will also act as the leaders in the discussion
sessions. The goal is to make the material more familiar by using scenarios
similar to what arises in day-to-day work. Engaging in conversation helps
staff learn as a group and group discussion assists in thinking of ethics
holistically, rather than a lecture format that is a one-way presentation in a
prescriptive manner.
For Citizen Advisory Boards, the City Clerk's Office will incorporate the
included scenarios as part of the standardized onboarding and annual
training materials with the seating of the new consolidated boards.
Additional boards outside the consolidated structure will receive the training
separate from onboarding, as the members are already seated for these
boards. The Clerk's Office will arrange an item to be placed on an upcoming
agenda to receive the same materials as presented to the consolidated
boards.
UNRESOLVED ISSUES:None identified.
ALTERNATIVES:None.
FISCAL EFFECTS:None
14
Attachments:
2021 STAFF ETHICS TRAINING PPT.pdf
Board Ethics Scenarios 2021.pdf
Report compiled on: September 24, 2021
15
2021 Ethics Program
City of Bozeman
Staff Training
2021
16
Sec. 7.01. -Conflicts of Interest; Board of Ethics.
“(a) Conflicts of Interest.The use of public office for private gain is prohibited…
the terms of which shall include, but not be limited to: acting in an official
capacity on matters in which the official has a private financial interest clearly
separate from that of the general public, the acceptance of gifts and other
things of value, acting in a private capacity on matters dealt with as a public
official, the use of confidential information, and appearances by city officials
before other city agencies on behalf of private interests… and shall provide for
reasonable public disclosure of finances by officials with major decision-making
authority over monetary expenditures and contractual and regulatory
matters…
(b) Board of Ethics.…the city manager to provide annual training and education
of city officials, city boards, and employees regarding the state and city ethics
codes. City officials, board members, and employees shall take an oath to
uphold the state and city ethics codes.”
17
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.
–Sec. 2.03.460
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 (14)
In short:
The City is required to establish standards and guidelines for conduct, provide annual
trainings, for all representatives of the City to avoid the use of their public position for
private benefit
18
Overview
•The City of Bozeman Code of Ethics is a best practice for local government in Montana
•The goal is to have all employees, board members, and commission volunteers complete the training
•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
•The City of Bozeman’s Code of Ethics is in addition to the requirements of Title 2,
Chapter 2, Part 1, MCA
19
Why Facilitate Ethics Training In-person 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
Group discussion of the challenges is essential to high ethical conduct
Highlights that ethics questions rarely have an easy black and white or one-size-fits-all
answer
20
Resources
Code of Ethics
Purchasing Policy
Montana Code Annotated (MCA)
Administrative Orders
A Copy of the Employee Handbook
Supervisor, colleagues, Human Resources, and the City Attorney’s Office
Sign In Sheet for Documentation of Participants
Flip Chart for Possible Future Questions or Other Concerns (putting items in the
“Parking Lot”)
21
Let’s Get Started!
22
?
Part of Ted’s job at the city is fielding phone
calls . One day he answers a call from Betty, a
resident asking for help with a broken tree in
her yard. Ted confirms the tree is not a City-
maintained tree and explains she will have to
hire an arbor company to handle the broken
tree. Hearing this, Betty asks Ted whom she
should call; she isn’t familiar with any tree
companies in town and doesn’t have internet
access to do a search. Ted performs a quick
internet search for local arborists and gives
Betty the first three phone numbers that
appear in the search.
What is the primary issue here?
23
Sec. 2.03.490. -
Standards of conduct.
Sec. 2.03.510. -
Treatment of the
public.
Sec. 2.03.520. -Conflict of
interest.
Part of Ted’s job at the city is fielding phone
calls . One day he answers a call from Betty, a
resident asking for help with a broken tree in
her yard. Ted confirms the tree is not a City-
maintained tree and explains she will have to
hire an arbor company to handle the broken
tree. Hearing this, Betty asks Ted whom she
should call; she isn’t familiar with any tree
companies in town and doesn’t have internet
access to do a search. Ted performs a quick
internet search for local arborists and gives
Betty the first three phone numbers that
appear in the search.
24
?
Lucky, Ned, and Dusty have finished their shift
and have decided to stop by their favorite
watering hole for post work drinks. Lucky
remembers they are wearing their City of
Bozeman logo wear and turns their shirt inside
out before going into the bar. Ned and Dusty
both agree that since it is after their shift they
do not need to cover their logos as they are off
the clock.
What is the primary issue here?
25
Sec. 2.03.490. -
Standards of conduct.
Sec. 2.03.510. -
Treatment of the
public.
Lucky, Ned, and Dusty have finished
their shift and have decided to stop
by their favorite watering hole for
post work drinks. Lucky remembers
they are wearing their City of
Bozeman logo wear and turns their
shirt inside out before going into the
bar. Ned and Dusty both agree that
since it is after their shift they do not
need to cover their logos as they are
off the clock.
26
?
Serena is an employee who works for the Water
Treatment Plant. She goes to a large national
conference in Austin, Texas (YETI headquarters.)
While walking through the booths she is
approached by the vendor who supplies the plant
with one of its key chemical’s for water treatment.
At the end of the conference Serena walks away
with a sweet prize package which contains items
like YETI mugs, water bottles, a backpack, jerky,
freeze dried meals, and among them a large YETI
rolling cooler. Serena is very excited since she loves
camping and tailgating and does not own any Yeti
items and the prize package would come in handy.
The value of the total prize package is roughly
$500.
What is the primary issue here?
27
Sec. 2.03.540. -
Gifts, gratuities
and favors.
Charter Sec. 7.01 –
“The use of public
office for private
gain is prohibited.”
Serena is an employee who works for the Water
Treatment Plant. She goes to a large national
conference in Austin, Texas (YETI headquarters.)
While walking through the booths she is
approached by the vendor who supplies the plant
with one of its key chemical’s for water treatment.
At the end of the conference Serena walks away
with a sweet prize package which contains items
like YETI mugs, water bottles, a backpack, jerky,
freeze dried meals, and among them a large YETI
rolling cooler. Serena is very excited since she loves
camping and tailgating and does not own any Yeti
items and the prize package would come in handy.
The value of the total prize package is roughly
$500.
What is the primary issue here?
28
?
James worked in the Bozeman Water
Reclamation Facility for 20 years.He had
gained a lot of knowledge about how the facility
worked and the people involved in managing
the facility.During his last few years of
employment with the City of Bozeman it
became clear that there was going to be an
upgrade in the water reclamation facility. The
RFP was released two days before James
retired.PQS Engineering approached him to
hire him as a consultant with their team to
develop the PQS proposal for the upgrade.
What is the primary issue here?
29
James worked in the Bozeman Water
Reclamation Facility for 20 years.He had
gained a lot of knowledge about how the facility
worked and the people involved in managing
the facility.During his last few years of
employment with the City of Bozeman it
became clear that there was going to be an
upgrade in the water reclamation facility. The
RFP was released 2 days before James
retired.PQS Engineering approached him to
hire him as a consultant with their team to
develop the PQS proposal for the upgrade.
2-2-105(3), MCA
Post employment
30
?
Sally is a paralegal for the City Attorney’s office.
Every year she attends an annual training
conference organized by the National
Association of Paralegals. To encourage
attendance at future conferences, the
association held a drawing for the registration
fee, airfare and hotel to the next conference in
San Diego, California. Much to Sally’s surprise,
she wins! Sally cannot wait to attend next
year’s conference. Her joy carries over into the
work place and she is motivated to work even
harder.
What is the primary issue here?
31
Sally is a paralegal for the City Attorney’s office.
Every year she attends an annual training
conference organized by the National
Association of Paralegals. To encourage
attendance at future conferences, the
association held a drawing for the registration
fee, airfare and hotel to the next conference in
San Diego, California. Much to Sally’s surprise,
she wins! Sally cannot wait to attend next
year’s conference. Her joy carries over into the
work place and she is motivated to work even
harder.
Sec. 2.03.540. -
Gifts, gratuities
and favors.
32
?
Stevie is a City Planner and serves as a member
of their HOA board. At the meeting, rumors
are flying about a vacant property down the
street that an alleged out of state developer is
going to turn it into a mixed-use, 8-story
laboratory for genetic modification of sweet
peas with apartments and no parking on site.
Stevie is aware that it was recently purchased
by a developer who has done multi-use projects
in Bozeman in the past, but they have not yet
submitted any plans to the City. A neighbor
turns to Stevie and asks what the latest news is
on this property.
What is the primary issue here?
33
Stevie is a City Planner and serves as a member
of their HOA board. At the meeting, rumors
are flying about a vacant property down the
street that an alleged out of state developer is
going to turn it into a mixed-use, 8-story
laboratory for genetic modification of sweet
peas with apartments and no parking on site.
Stevie is aware that it was recently purchased
by a developer who has done multi-use projects
in Bozeman in the past, but they have not yet
submitted any plans to the City. A neighbor
turns to Stevie and asks what the latest news is
on this property.
Sec. 2.03.490 -
Duties and
Obligations
Sec. 2.03.530 –
Confidential
Information
34
?
While working on the city’s new Safety
Center, a city project. Homer, a city
Building Inspector is approached by Duffy,
a private contractor hired to complete
work on the project. Duffy states, ‘We’re
desperate for employees. Do you know
anyone looking for a job?” Homer replies,
“Yes. My kid over there, Bart is looking
for work.”Duffy says, “Great! Bring him
to work tomorrow!”
What is the primary issue here?
35
While working on the city’s new
Safety Center, a city project. Homer,
a city Building Inspector is
approached by Duffy, a private
contractor hired to complete work
on the project. Duffy states, ‘We’re
desperate for employees. Do you
know anyone looking for a job?”
Homer replies, “Yes. My kid over
there, Bart is looking for
work.”Duffy says, “Great! Bring him
to work tomorrow!”
Sec. 2.03.520 -
Conflict of
Interest
36
?
Bozeman is experiencing an infestation of
radioactive lizards. It requires specialized
training and certification to remove the lizard
nests from building basements. The City of
Bozeman paid for Jeff to receive the specialized
training and certification needed to identify and
remove the lizard nests so that he could take
care of the lizard nests in the city buildings. Jeff
did a short presentation for a private business
on the city’s response to the current lizard
problem. The property owner approached Jeff
and confessed there was a lizard nest in the
basement of the business. He offered to pay Jeff
$300.00 to remove the nest on Jeff’s off hours.
What is the primary issue here?37
Bozeman is experiencing an infestation of
radioactive lizards. It requires specialized
training and certification to remove the lizard
nests from building basements. The City of
Bozeman paid for Jeff to receive the specialized
training and certification needed to identify and
remove the lizard nests so that he could take
care of the lizard nests in the city buildings. Jeff
did a short presentation for a private business
on the city’s response to the current lizard
problem. The property owner approached Jeff
and confessed there was a lizard nest in the
basement of the business. He offered to pay Jeff
$300.00 to remove the nest on Jeff’s off hours.
Sec. 2.03.490 -
Duties and
Obligations
Sec. 2.03.520 -
Conflict of
Interest
38
In Conclusion
What steps should an individual take when ethical questions arise?
Ask supervisor and/or colleagues
Review the Code
Ask the City Attorney’s Office:
Greg Sullivan 406.582.2311 gsullivan@bozeman.net
39
CONGRATULATIONS!
YOU HAVE COMPLETED THE 2021 ETHICS
TRAINING FOR THE CITY OF BOZEMAN
PLEASE MAKE SURE YOU SIGNED THE
ATTENDANCE SHEET.
40
Board Ethics Scenarios:
1. Cliff is the Staff Liaison and sends the upcoming meeting agenda to the Urban Parks and
Forestry Board on Friday via email. Sam, a board member, uses the reply all button to
send his thoughts on Item G2, a recommendation about the Cemetery. Diane disagrees
with Sam, and responds with her opinion on the item.
a. What is the primary issue here?
b. Are these communications considered a public meeting?
c. Why can the staff liaison email the board the agenda?
2. Dorothy is on the Transportation Board and on the board of Free Wheeling, a non-profit
that provides free bicycles for kids. Jacquie, the Executive Director of Free Wheeling will
be presenting a request to the Transportation Board for a recommendation on a grant
program administered by the City Commission.
a. What is the primary issue here?
b. Is this a conflict of interest?
c. Does Dorothy need to do anything when her non-profit presents to the
Transportation Board?
3. Bob’s development application was recommended for approval by the Community
Development Board. He sends a fruit basket to each member of the board as a thank
you. Each basket contains a note that reads “Thank you very much for approving my
application. I look forward to working with you again soon.”
a. What is the primary issue here?
b. Is this considered a gift?
c. Does it matter if the application has already been approved?
d. What is the perception of accepting a gift with a note that reads “see you again
soon”?
4. Jack is on the Economic Vitality Board. His neighbor Ralph is considering an application
for a new community housing grant from the Economic Vitality Board, but he isn’t sure
yet. Ralph reaches out to Jack for advice on his application. Jack encourages Ralph to
wait, mentioning he had a conversation with Chrissy, the Board’s Chair, about additional
funding coming from an outside entity in the next few months.
a. What is the primary issue here?
b. Is Jack allowed to coach a potential applicant?
c. Was the information about more potential funding public knowledge?
d. Will Jack need to disclose anything if his neighbor decides to present?
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5. Woodsy was a member of the Sustainability Board. While on the board, he worked on
creating a recommendation to the City Commission to begin a grant program for the
installation of electric vehicle charging stations. When his term expired he did not
reapply and a few months later accepted a job with EV MT, a company that installs
electric vehicle charging stations in Montana.
a. What is the primary issue here?
b. Are there restrictions on Woodsy accepting this job if they begin work in
Bozeman?
c. Can Woodsy use her knowledge of the grant criteria to help her in her new job?
d. What if Woodsy’s new job began 18 months after her term expired?
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