HomeMy WebLinkAbout10-03-22 Board of Ethics Agenda and Packet Materials - Meeting AA.Call meeting to order - 3 p.m.
B.Disclosures
C.Changes to the Agenda
D.Approval of Minutes
D.1 Approve the Minutes from the February 7, 2022 Board of Ethics meetings (Maas)
E.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.
F.Action Items
F.1 Review the City's Annual Staff Ethics Training Curriculum (Giuttari)
THE BOARD OF ETHICS OF BOZEMAN, MONTANA
BAB AGENDA
Monday, October 3, 2022
This meeting will be held both in-person and also using Webex, an online videoconferencing system.
You can join this meeting:
Via Webex:
Click the Register link, enter the required information, and click submit.
Click Join Now to enter the meeting.
Via Phone: This is for listening only if you cannot watch the stream, channel 190, or attend in-person
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+1-650-479-3208
Access code: 2553 810 6175
If you are interested in commenting in writing on items on the agenda please send an email to
agenda@bozeman.net prior to 12:00pm on the day of the meeting.
Public comments will be accepted in-person during the appropriate agenda items.
You may also comment by visiting the Commission's comment page.
You can also comment by joining the Webex meeting. If you do join the Webex meeting, we ask you
please be patient in helping us work through this hybrid meeting.
As always, the meeting will be streamed through the Commission's video page and available in the City
on cable channel 190.
1
F.2 Review the City's Annual Boards' Ethics Training Curriculum (Chambers)
G.FYI/Discussion
G.1 City Attorney Update
H.Adjournment
For more information please contact City Attorney, Greg Sullivan, gsullivan@bozeman.net
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:Mike Maas, City Clerk
SUBJECT:Approve the Minutes from the February 7, 2022 Board of Ethics meetings
MEETING DATE:October 3, 2022
AGENDA ITEM TYPE:Administration
RECOMMENDATION:I move to approve the Minutes from the February 7, 2022 Board of Ethics
meetings
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 the February 7, 2022 Board of Ethics Meeting are
presented for approval.
UNRESOLVED ISSUES:None
ALTERNATIVES:None.
FISCAL EFFECTS:None
Attachments:
02-07-22 Board of Ethics Meeting Minutes.pdf
Report compiled on: September 23, 2022
3
Bozeman Board of Ethics Meeting Minutes, February 7, 2022
Page 1 of 3
THE BOARD OF ETHICS MEETING OF BOZEMAN, MONTANA
MINUTES
February 7, 2022
Present: Melissa Frost, Sara Rushing, Kristin Taylor
Absent: None
Staff Present in the WebEx: City Clerk (CC) Mike Maas, Special Counsel (SC) Jordan Crosby
A) 00:00:05 Call meeting to order - 4pm
B) 00:02:38 Disclosures
C) 00:03:36 Changes to the Agenda
D) 00:03:50 Public Comment
There were no public comments.
E) 00:06:15 Action Items
E.1 00:06:16 Review of the Daniel Zyvoloski Ethics Complaint Filed on December 8,
2021
Preliminary Written Analysis.pdf
Bozeman Ethics Complaint Letter 12.8.21.pdf
Enclosures for Ethics Complaint Letter (12.8.21).pdf
Bozeman Supplemental Ethics Complaint Letter 12.20.2021 (Relevant Information to
12.8.21 Ethics Complaint Letter).pdf
Supplemental Ethics Complaint_Enclosures.pdf
2022-01-07 City's Response to Ethics Complaint.pdf
00:06:45 Staff Presentation
Jordan Crosby, retained counsel, presented the December 8, 2021 complaint by Daniel Zyvoloski and
subsequent written analysis. Counsellor Crosby presented the options before the board, provided the
applicable statute in Montana Code Annotated (MCA) and Bozeman Municipal Code (BMC), the Board
cannot reverse the decision of the City Commission, and presented a summary of the written analysis
and the recommendation of dismissal with prejudice.
4
Bozeman Board of Ethics Meeting Minutes, February 7, 2022
Page 2 of 3
00:10:47 Questions of Special Counsel
00:12:25 Presentation of Complainant
Lara Guercio, Crowley Fleck Law, presented the complaint, their disagreement with the written analysis,
requested the Board schedule a hearing to identify additional material fact, and disagreement with the
handling of the appeal by the City Commission as a remedy for the initial unethical actions. Daniel
Zyvoloski presented that misconduct took place during an Executive Session on December 14, 2021,
specifically that the written analysis does not include a response of the violation of Open Meetings Laws
related to the Executive Session, and recommended that the Board conduct a hearing or determine
whether further information is necessary to make a determination of whether a violation occurred.
00:20:36 Questions of Complainant
00:21:16 Presentation of Representative of City Staff
Natasha Jones, Boone Karlberg, representing City Staff, presented that facts are lacking to assert an
ethical violation, presented the actions taken by staff as a matter of the allowable responses, that
process was afforded to the complainant citing the appeal heard by the City Commission on December
14, 2021, recommended dismissal of the complaint, and presented a refutation of claims within the
complaint.
00:29:41 Questions of Staff Representative
00:35:06 Rebuttal of Complainant
Mr. Zyvoloski clarified the allegation related to the Executive Session that improper action was taken,
commented that his process request was to present public comment through the Special Use Permit
process and that the City Attorney took steps to sideline his appeal, improperly contacted the business
owner subject to his appeal and provided legal advice to the business owner, further alleged special
efforts to provide a personal favor for a single business owner, and alleged a violation of the BMC and
City Charter.
00:40:55 Public Comment
There were no public comments on this item.
00:43:08 Questions from the Board
01:06:50 Technical Issues
Counsellor Crosby experienced technical difficulties and the meeting briefly paused.
01:10:14 Rejoined
Counsellor Crosby returned to the meeting.
01:10:35 Questions of the Board continued
01:37:03 Motion that it should be our determination that within the purview of the Board, no violation
of the Bozeman Code of Ethics or the Montana Code of Ethics has occurred.
Kristin Taylor: Motion
Melissa Frost: 2nd
5
Bozeman Board of Ethics Meeting Minutes, February 7, 2022
Page 3 of 3
01:37:14 Discussion
01:37:55 Clarification on Procedures
Chairperson Rushing requested clarification on the change of status of non-board members within the
meeting.
CC Maas stated that procedurally, once a motion is before the Board, non-board members are lowered
to attendee status within the WebEx meeting.
01:38:30 Discussion continued
01:44:20 Vote on the Motion that it should be our determination that within the purview of the Board, no
violation of the Bozeman Code of Ethics or the Montana Code of Ethics has occurred. The Motion failed 0
– 3.
Approve:
None
Disapprove:
Melissa Frost
Sara Rushing
Kristin Taylor
01:44:42 Motion that the Board dismiss Mr. Zyvoloski's December 8, 2021 ethics complaint pursuant to
sections 2.03.640(M)(1)(a) BMC with prejudice for failure to allege facts sufficient to constitute a
violation of the Bozeman Code of Ethics or violation of the Montana Code of Ethics.
Melissa Frost: Motion
Kristin Taylor: 2nd
01:45:30 Discussion
01:46:55 Vote on the Motion that the Board dismiss Mr. Zyvoloski's December 8, 2021 ethics complaint
pursuant to sections 2.03.640(M)(1)(a) BMC with prejudice for failure to allege facts sufficient to constitute
a violation of the Bozeman Code of Ethics or violation of the Montana Code of Ethics. The Motion carried
3 – 0.
Approve:
Melissa Frost
Sara Rushing
Kristin Taylor
Disapprove:
None
F) 01:47:46 FYI/Discussion
G) 01:48:01 Adjournment
6
Memorandum
REPORT TO:Board of Ethics
FROM:Taylor Chambers, Deputy City Clerk
Mike Maas, City Clerk
Jennifer Giuttari, Assistant City Attorney
Greg Sullivan, City Attorney
SUBJECT:Review the City's Annual Staff Ethics Training Curriculum
MEETING DATE:October 3, 2022
AGENDA ITEM TYPE:Administration
RECOMMENDATION:I move to approve the City's annual staff 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 will be utilizing 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 one-way presentation in a
prescriptive manner.
UNRESOLVED ISSUES:None identified.
ALTERNATIVES:None suggested.
FISCAL EFFECTS:None
Attachments:
2022 STAFF ETHICS TRAINING PPT.PPTX
Report compiled on: September 27, 2022
7
2022EthicsProgram
City of Bozeman
Staff Training
2022
8
EMBRACETHEGRAYÐICALLENS
9
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.”
10
EthicsTrainingPurposeandExpectations
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
11
Overview
•The City of Bozeman Code of Ethics is a best practice for local government in Montana
•The Charter requires all employees, elected officials, appointed board members, and certain volunteers participate in the annual training – attending the training
implements the will of the voters
•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
12
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 may 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
13
Resources
Code of Ethics (Municipal Code)
Montana Code Annotated (MCA)
Administrative Orders (IT Policies, purchasing policies, etc.)
Employee Handbook
Core Values (Resolution 3832) (August 2005)
Supervisor, colleagues, Human Resources, and the City Attorney’s Office
14
Let’sGetStarted!
15
Chuck works at the public facing counter for the
Finance Department and interacts with the public
daily. He also sells high-end hair products on the side.
Occasionally, Chuck brings samples in to work and
hands them out to co-workers.
One day while helping a customer, they comment on
his luscious locks and Chuck mentions that he sells
the products that he uses daily. Chuck then proceeds
to hand them his hair-care business card and tells
them to check out his website or shoot him a text
sometime and they can discuss hair goals.
Later in the month, Chuck knows that the same
customer is coming in to the office and brings their
order with him to work. When the customer comes
in Chuck hands them their order over the counter
and they hand him cash for the products.
What are the ethical considerations in this scenario?
16
BMC Sec. 2.03.490
Standards of conduct.
Chuck works at the public facing counter for the Finance Department and interacts with the public daily. He also sells high-end hair products on the side. Occasionally, Chuck brings samples in to work and hands them out to co-workers.
One day while helping a customer, they comment on his luscious locks and Chuck mentions that he sells the products that he uses daily. Chuck then proceeds to hand them his hair-care business card and tells them to check out his website or shoot him a text sometime and they can discuss hair goals.
Later in the month, Chuck knows that the same customer is coming in to the office and brings their order with him to work. When the customer comes in Chuck hands them their order over the counter and they hand him cash for the products.
What are the ethical considerations in this scenario?
17
Jeff has a city cell phone that he
carries with him at all times
when he is on the clock.
Sometimes when he forgets to
bring his personal cell phone to
an off-site meeting, Jeff uses his
city phone to text his friends
where to meet him for drinks
when his meeting is over.
Is there an issue with this?
18
BMC Sec. 2.03.500
Use of City Resources.
Administrative Order
2020-04 City IT Policy.
Jeff has a city cell phone that he
carries with him at all times
when he is on the clock.
Sometimes when he forgets to
bring his personal cell phone to
an off-site meeting, Jeff uses his
city phone to text his friends
where to meet him for drinks
when his meeting is over.
Is there an issue with this?
19
Tom Brady works at a public facing counter for the City where requests are fulfilled in the order they are received. In addition to being on his feet all day working the counter, Tom leads a very active lifestyle so he is always looking for food to fuel him. Some of the customers that regularly visit the office bring treats for the front counter team to enjoy. He finds himself favoring those customers’ requests and often lets them skip steps or even fills in missing information for them that he would be regularly rejected for incompleteness.
No one knows that Tom provides these advantages to the treat-bringing customers over a customer that he doesn’t know. Tom will likely get to the other customer in the same day, or early the following day.
Does it make a difference that no one but Tom Brady knows that one customer is getting preferential treatment over the other?
20
BMC Sec. 2.03.490
Standards of
Conduct
BMC Sec. 2.03.510
Treatment of the
Public
Tom Brady works at a public facing counter for the City where requests are fulfilled in the order they are received. In addition to being on his feet all day working the counter, Tom leads a very active lifestyle so he is always looking for food to fuel him. Some of the customers that regularly visit the office bring treats for the front counter team to enjoy. He finds himself favoring those customers’ requests and often lets them skip steps or even fills in missing information for them that he would be regularly rejected for incompleteness.
No one knows that Tom provides these advantages to the treat-bringing customers over a customer that he doesn’t know. Tom will likely get to the other customer in the same day, or early the following day.
Does it make a difference that no one but Tom Brady knows that one customer is getting preferential treatment over the other?
21
The Chief Building Official for the City is
personal friends with Will Farrell, a well-known
general contractor in town. They often do
karate in the garage after hanging out. Will
invites the Chief to dinner, as they regularly do,
and Will asks about the project that has been in
the review process with the Community
Development Department for several years and
is now approaching the time when building
permits can be issued. Will asks whether there is
any way the Chief can speed up the process and
get building permits issued quickly. The Chief
says he’ll have a look at Will’s application
tomorrow.
How should the Chief Building Official handle
this situation?
What things could the Chief do that are
inappropriate?
22
The Chief Building Official for the City is personal friends with Will Farrell, a well-known general contractor in town. They often do karate in the garage after hanging out. Will invites the Chief to dinner, as they regularly do, and Will asks about the project that has been in the review process with the Community Development Department for several years and is now approaching the time when building permits can be issued. Will asks whether there is any way the Chief can speed up the process and get building permits issued quickly. The Chief says he’ll have a look at Will’s application tomorrow.
How should the Chief Building Official handle this situation?
What things could the Chief do that are inappropriate?
BMC Sec. 2.03.510
Treatment of the
Public
BMC Sec. 2.03.530
Confidential
information
23
Steve, who works for the building
department, knows his best friend
Conner is looking to grow his business
and expand his building. Recently a plan
for demolition was executed for the
property next to Conner’s business, but is
not yet public information. Steve quickly
gives his friend a call so he can contact
the current owner directly to see if he
can get in quickly and purchase this
property, as he knows it will not last long
once the property sale information is
made public.
What is the ethical issue here?
24
Steve, who works for the building
department, knows his best friend
Conner is looking to grow his business
and expand his building. Recently a plan
for demolition was executed for the
property next to Conner’s business, but is
not yet public information. Steve quickly
gives his friend a call so he can contact
the current owner directly to see if he
can get in quickly and purchase this
property, as he knows it will not last long
once the property sale information is
made public.
What is the ethical issue here?
BMC Sec. 2.03.530
Confidential
Information
BMC Sec. 2.03.520
Conflict of
Interest
25
Samantha and Justine both work in the
Streets department and have CDLs.
Justine got her CDL from a previous
employer before starting with the City
while the City trained and paid for
Samantha to get her CDL. Both work at a
beer delivery company on their
scheduled days off in positions that
require them to have a CDL.
Are there any ethical considerations
here?
26
Samantha and Justine both work in the
Streets department and have CDLs.
Justine got her CDL from a previous
employer before starting with the City
while the City trained and paid for
Samantha to get her CDL. Both work at a
beer delivery company on their
scheduled days off in positions that
require them to have a CDL.
Are there any ethical considerations
here?
BMC Sec. 2.03.520
Conflict of
Interest
27
Shania Twain had a career change
and works in the Building
Department. During the December
holiday season, while walking to her
City truck after an inspection,
Shania discovers a fly rod resting on
her windshield. The note attached to
the rod reveals that it’s a gift from a
local contractor. In order to return
the fly rod she will have to drive 20
minutes out of her way.
Can Shania Twain keep the fly rod?
28
Shania Twain had a career change
and works in the Building
Department. During the December
holiday season, while walking to her
City truck after an inspection,
Shania discovers a fly rod resting on
her windshield. The note attached to
the rod reveals that it’s a gift from a
local contractor. In order to return
the fly rod she will have to drive 20
minutes out of her way.
Can Shania Twain keep the fly rod?
BMC Sec. 2.03.540
Gifts, Gratuities
and Favors
29
InConclusion
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
30
CONGRATULATIONS!
YOU HAVE COMPLETED THE 2022 ETHICS
TRAINING FOR THE CITY OF BOZEMAN
PLEASE MAKE SURE YOU SIGNED THE
ATTENDANCE SHEET.
31
Memorandum
REPORT TO:Board of Ethics
FROM:Taylor Chambers, Deputy City Clerk
Mike Maas, City Clerk
SUBJECT:Review the City's Annual Boards' Ethics Training Curriculum
MEETING DATE:October 3, 2022
AGENDA ITEM TYPE:Administration
RECOMMENDATION:I move to approve the City's annual boards' 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:For the City Commission and Citizen Boards, the City Clerks' Office has
created the included scenarios for the annual training. The City Clerks' Office
will arrange an item to be placed on an upcoming agenda to receive the
training.
The City of Bozeman will be utilizing the discussion format for board ethics
training. To create the curriculum, the City Clerk and Deputy City Clerk
collaborated on issues or questions from the Code of Ethics that generally
align with questions that have arisen through the last year surrounding
Board operations. The goal is to make the material more familiar by using
scenarios similar to what arises. 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 one-way presentation in a prescriptive manner.
UNRESOLVED ISSUES:None identified.
ALTERNATIVES:None suggested.
FISCAL EFFECTS:None
Attachments:
2022 BOARD ETHICS TRAINING PPT.PPTX
Report compiled on: September 27, 2022
32
2022EthicsProgram
City of Bozeman
Advisory Board Training
2022
33
EMBRACETHEGRAYÐICALLENS
34
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.”
35
EthicsTrainingPurposeandExpectations
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
36
Overview
•The City of Bozeman Code of Ethics is a best practice for local government in Montana
•The Charter requires all employees, elected officials, appointed board members, and certain volunteers participate in the annual training – attending the training
implements the will of the voters
•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
37
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 may 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
38
Resources
Code of Ethics (Municipal Code)
Montana Code Annotated (MCA)
Administrative Orders (IT Policies, purchasing policies, etc.)
Employee Handbook
Core Values (Resolution 3832) (August 2005)
Supervisor, colleagues, Human Resources, and the City Attorney’s Office
39
Whatthisisn’t
The considerations of when there is a quorum/gathering outside of scheduled meetings. While there is an ethical component to that behavior, that is not a code of ethics issue.
40
Let’sGetStarted!
41
Barbie is a member of the Community
Development Board. Recently Barbie and
her husband Ken decided they wanted to
annex a parcel of property they own.
Barbie has decided that she would like to
act as the owner and representative for
the annexation project. Can Barbie
present her application to the board that
she is a member of?
42
BMC Sec. 2.03.520
Conflict of Interest
Barbie is a member of the Community
Development Board. Recently Barbie and
her husband Ken decided they wanted to
annex a parcel of property they own.
Barbie has decided that she would like to
act as the owner and representative for
the annexation project. Can Barbie
present her application to the board that
she is a member of?
43
The chair of a board is a member of a
local non-profit that is requesting action
of the city that will be heard by the board
they are the chair of. The chair is not the
applicant of the project, nor an officer of
the non-profit. In the week leading up to
the meeting, the chair calls all of the
members of their board personally to
encourage them to vote favorably for the
action the non-profit he is a member of is
requesting.
44
BMC Sec. 2.03.490
Standards of Conduct.
The chair of a board is a member of
a local non-profit that is requesting
action of the city that will be heard
by the board they are the chair of.
The chair is not the applicant of the
project, nor an officer of the non-
profit. In the week leading up to the
meeting, the chair calls all of the
members of their board personally
to encourage them to vote favorably
for the action the non-profit he is a
member of is requesting.
45
The Sustainability Board voted in
favor of the city increasing the
turf replacement grant through
water conservation. A member of
the board then applies for that
additional grant funding.
46
BMC Sec. 2.03.490
Standards of
Conduct
The Sustainability Board voted in favor of the
city increasing the turf replacement grant
through water conservation. A member of the
board then applies for that additional grant
funding.
47
Joe is a member of a City board and is out to
dinner with his family. He is approached by a
random member of the public who identifies
him as a member of the City board. The
member of the public then attempts to engage
Joe in a debate regarding an action item that
was voted on in a previous board meeting. Joe
attempts to politely dissuade the public
member so that he may return to dinner with
his family. His attempts are futile and Joe finally
reacts in an aggressive and confrontational
manner to get the member of the public to
leave him alone.
48
Joe is a member of a City board and is out to
dinner with his family. He is approached by a
random member of the public who identifies
him as a member of the City board. The
member of the public then attempts to engage
Joe in a debate regarding an action item that
was voted on in a previous board meeting. Joe
attempts to politely dissuade the public
member so that he may return to dinner with
his family. His attempts are futile and Joe finally
reacts in an aggressive and confrontational
manner to get the member of the public to
leave him alone.
BMC Sec. 2.03.510
Treatment of the
Public
49
John Wayne was a board member on the
Community Development board that
participated in the UDC rewrite work sessions.
Two months after his term expires, he sees an
agenda published on Thursday for the following
week’s Tuesday Commission meeting bringing
the ordinance to adopt the new UDC. John
wanted to comment in opposition to the
ordinance because he does not like the
direction in which it went. At the beginning of
his public comment, he announces his former
service on the Community Development Board.
50
John Wayne was a board member on the
Community Development board that
participated in the UDC rewrite work sessions.
Two months after his term expires, he sees an
agenda published on Thursday for the following
week’s Tuesday Commission meeting bringing
the ordinance to adopt the new UDC. John
wanted to comment in opposition to the
ordinance because he does not like the
direction in which it went. At the beginning of
his public comment, he announces his former
service on the Community Development Board.
BMC Sec. 2.03.560
Post employment/
service activities
51
InConclusion
What steps should an individual take when ethical questions arise?
Review the Code
Ask the City Attorney’s Office:
Greg Sullivan 406.582.2311 gsullivan@bozeman.net
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CONGRATULATIONS!
YOU HAVE COMPLETED THE 2022 ETHICS
TRAINING FOR THE CITY OF BOZEMAN
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Memorandum
REPORT TO:Board of Ethics
SUBJECT:City Attorney Update
MEETING DATE:October 3, 2022
AGENDA ITEM TYPE:Administration
RECOMMENDATION:Receive an update from City Attorney Greg Sullivan
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