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HomeMy WebLinkAbout2022 Board of Ethics Annual Report City of Bozeman Board of Ethics Report 2022 January 2023 Board of Ethics Report, 2023 Page 2 of 9 Table of Contents Board of Ethics Summary ………………………………………………………………. Page 3 Members…..……………………………….……………………………………… Page 3 Support Staff……..………………………………………………………...…… Page 3 Membership Details………………………………………………………….. Page 3 Creation of the Board..……………………………………………………… Page 4 Duties and Responsibilities…………………………………………………Page 4 Requirement of Annual Report ………….………………………………Page 6 2022 Report………………………….…………………………………………………..……Page 7 2022 Ethics Training …………………………………………………………. Page 7 Summary of the Board’s Decisions and Opinions ……….…….. Page 7 Upcoming Recommendations..…………………………………………. Page 9 Board of Ethics Report, 2023 Page 3 of 9 Board of Ethics Summary Current Board Members: Sara Rushing – Chair Term expires July, 2023 srushing@bozeman.net Melissa Frost Term expires July, 2023 mfrost@bozeman.net Kristin Taylor Term expires July, 2024 ktaylor@bozeman.net Support Staff: Julie Hunter – Executive Assistant Administrative and Recording Services jhunter@bozeman.net Mike Maas – City Clerk Administrative and Recording Services mmaas@bozeman.net Taylor Chambers – Deputy City Clerk Administrative and Recording Services tchambers@bozeman.net Greg Sullivan – City Attorney Legal and Procedural Recommendations gsullivan@bozeman.net Membership Details The Board of Ethics is made up of three members appointed by the City Commission to two- year terms. Members cannot be city elected officials, city employees, or currently serving on any other city board or commission. Board of Ethics Report, 2023 Page 4 of 9 Creation of the Board of Ethics 2008 Bozeman City Charter The Bozeman City Charter (the “Charter”) was proposed by the City of Bozeman’s 2004-2006 Local Government Study Commission and was approved by the voters at the November 7, 2006 general election. The Charter became effective on January 1, 2008. The Charter confers certain powers and restrictions, and prescribes procedures and the City’s governmental structure. The Charter was created …to secure the benefits of local self-government and to provide for an honest and accountable commission-manager government. (Preamble, City of Bozeman Charter) Section 7.01 (b) of the Charter calls for the establishment of an independent Board of Ethics as well as the requirement for annual training and education of city officials, board members, and employees regarding the state and city ethics codes. Ordinance No. 1726, Creation of the Board of Ethics To establish a Board of Ethics (the “Board”) as required in the voter approved Charter, the City Commission adopted Ordinance No. 1726 which provide guidelines for the creation of the board and other ethics related content required in the Charter. These provisions are codified in the Bozeman Municipal Code at Chapter 2, Article 3, Division 4 (Sect. 2.03.460 et seq., BMC). Duties and powers of the Board, who may request board action and the limitations of the board’s power, are included. In May of 2009, the City Commission adopted Ordinance No. 1759 which amended the original Ordinance. Changes made relating to the board itself were minor. Board Duties and Responsibilities Bozeman Municipal Code, Chapter 2, Article 3, Division 4 – Code of Ethics The Code of Ethics is an important piece of City law. As the declaration of policy section 2.03.460 states, The purpose of this code of ethics is to set forth standards of ethical conduct, to assist public officials and employees in establishing guidelines for their conduct, to foster the development and maintenance of a tradition of responsible, accountable and effective public service, and to prohibit conflict between public duty and private interest. Following are sections within the Code of Ethics directly related to the Board and a brief summary of each. Other sections within the Code of Ethics provide additional direction to the Board and the public in addressing ethical issues and violations. Board of Ethics Report, 2023 Page 5 of 9 Sec. 2.03.580 - Board of Ethics. This section defines the composition and terms of the Board, requirements for membership, and lists the support City staff will provide. Sec. 2.03.600 - Duties and powers of the board. This section provides details about Board procedures related to meetings, conducting hearings, and reporting and establishing procedures for administration and implementation of the Code of Ethics. These duties include: • Evaluating all aspects of the Code of Ethics to ensure the public and all public servants have a reasonable opportunity and are encouraged to participate; • Developing a plan to educate public servants about their rights, duties and responsibilities; • Submit an annual report of summary decisions, opinions and recommended actions regarding ethical practices or policies; • Arrange for an annual workshop or training program for all employees, elected officials and board and committee members; and • Conduct hearings as needed. Sec. 2.03.610 - Who may request board action. This section outlines that any person may file a complaint with the Board and further explains who may request of the Board an ethics opinion. Sec. 2.03.620 – Limitations on board’s power. This section explains in detail what limitations are placed on the Board and that the Board may refer a matter to the city attorney for review. In addition to the City’s Code of Ethics, the Board has jurisdiction over State of Montana Ethics laws. These provisions are codified in Title 2, Chapter 2, Part 1, MCA (Sect. 2-2-101, et seq., MCA). Board of Ethics Report, 2023 Page 6 of 9 Requirement of Annual Report The annual report of the Board is a way to inform the public, officials and city employees of what the Board has accomplished in the past year and report any decisions or opinions. The Bozeman Municipal Code Sec. 2.03.600 specifically states that the board shall: 4. No later than December of each year, submit an annual report to the city commission concerning its action in the preceding year. The report shall contain: a. A summary of its decisions and opinions, both open and confidential; the board shall make any alterations in the summaries necessary to prevent disclosure of any confidential information pertaining to any individual or to any organization if the disclosure could lead to the disclosure of the identity of a person who is entitled to confidentiality; and b. Recommend any legislative or administrative actions regarding the city’s policies and practices which the board believes would or could enhance the ethical environment in which public servants work. Board of Ethics Report, 2023 Page 7 of 9 2022 Year-End Report 2022 Ethics Training This year’s employee and elected and appointed officials ethics training curriculum was designed by a Steering Committee made up of City Attorney Greg Sullivan, Executive Assistant Julie Hunter, City Clerk Mike Maas, Deputy Clerk Taylor Chambers, Human Resources Director Cassandra Tozer, Human Resources Specialist Eilis Gehle, chief Building Official Ben Abbey, Streets Operator Andy Caldwell, Fire Captain Josh Charles, Librarian II Sarah Creech, Police Information Coordinator Wendy Elgin, Urban Renewal Program Manager David Fine, Community Development Technician Jonathan Fuller, Assistant City Attorney Jen Giuttari, Assistant City Attorney Kelley Rischke, and Municipal Court Clerk Josie Warren. This team created realistic ethics scenarios for ethics training. Variations of the training provided customization for employees and boards. The Board of Ethics approved the curriculum and it was provided to a team of Ethics Trainers, employees from across the organization, who taught the course to City employees and Advisory Boards. The City continues to require new employees and board members to complete ethics training shortly after hiring/appointment to help familiarize them with the Code and to meet the yearly training requirement even when joining the organization after the yearly training. Summary of the Board’s Decisions and Opinions The Board of Ethics received a formal complaint from Daniel Zyvoloski regarding the City’s actions related to a group daycare in Bozeman. The complaint was that members of the City Attorney’s Office acted improperly in their actions regarding compliance of the day care operation with City regulations. Please see February 7, 2022 Board of Ethics Agenda and the October 3, 2022 Board of Ethics Agenda. In response to Mr. Zyvoloski’s ethics complaint the Board of Ethics determined employees of the City Attorney’s office did not deviate from Standards of Conduct, did not create Conflicts of Interest, or engage in Improper Government Actions. See the Board’s Findings and Conclusions dated 3/31/22. Then, in August of 2022, the Board of Ethics received a request from Daniel Zyvoloski to “issue a formal opinion” on whether: Board of Ethics Report, 2023 Page 8 of 9 [l]t is ethically improper for the Mayor of Bozeman to initiate a closed meeting to influence a forthcoming vote by the City Commissioners, by stating the purpose 'Issue of Privacy' with a quorum of City Commissioners and then moving on to discussing no- related topics with regards to a forthcoming vote that was not within the scope of the statutorily authorized purpose for which the closed meeting was initially called? The Board of Ethics again referred the matter to their outside attorney whose analysis determined the Board should decline to consider Mr. Zyvoloski’s August 11 request for formal opinion because the matter had previously been addressed by the Board with their decision from earlier in the year. At the Board’s October 3, 2022 meeting, the Board declined to render an advisory opinion in response to Mr. Zyvoloski’s August 11 request. Also, on October 3, 2022, Nick Hamilton submitted a request for a formal opinion similar to the August request submitted by Mr. Zyvoloski. On October 31, the Board sent Mr. Hamilton a letter declining to issue a formal opinion. Video links to the Board’s meetings can be found on the City’s website under Commission Meeting Video (Past Meetings/Board of Ethics). Board of Ethics Report, 2023 Page 9 of 9 Upcoming Recommendations The Board will work with the City Attorney’s Office and City staff to develop additional training opportunities for the Board; specifically, the Board requests the development of a mock hearing to refresh and develop the Board’s management of hearings on complaints.