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HomeMy WebLinkAbout2019 Board of Ethics Annual Report City of Bozeman Board of Ethics Report 2019 December 2019 Board of Ethics Report, 2019 Page 2 of 8 Table of Contents Board of Ethics Summary ………………………………………………………………. Page 3 Members…..……………………………….……………………………………… Page 3 Support Staff……..………………………………………………………...…… Page 3 Membership Details………………………………………………………….. Page 3 Creation……..……………..……………………………………………………… Page 4 Duties and Responsibilities…………………………………………………Page 4 Requirement of Annual Report ………….………………………………Page 5 2019 Report………………………….…………………………………………………..……Page 7 2019 Ethics Training …………………………………………………………. Page 7 Summary of the Board’s Decisions and Opinions ……….…….. Page 7 Upcoming Recommendations………………….………………………….Page 7 Board of Ethics Report, 2019 Page 3 of 8 Board of Ethics Summary Current Board Members: Melissa Frost - Chair Appointed August, 2019 Term expires July, 2021 mfrost@bozeman.net Carson Taylor Appointed September, 2018 Term expires July, 2020 ctaylor@bozeman.net Sara Rushing Appointed August, 2019 Term expires July, 2021 srushing@bozeman.net Support Staff: Julie Hunter – Executive Assistant Administrative and Recording Services jhunter@bozeman.net Brenda Sweeney – Deputy City Clerk Administrative and Recording Services dsweeney@bozeman.net Greg Sullivan – City Attorney Legal and Procedural Recommendations gsullivan@bozeman.net Membership Details The Board of Ethics is made up of three members appointed by the City Commission to two year terms. Members cannot be city elected officials, city employees, or currently serving on any other city board or commission. ` Board of Ethics Report, 2019 Page 4 of 8 Creation of the Board of Ethics 2008 Bozeman City Charter The Bozeman City Charter (the “Charter”) was proposed by the City of Bozeman’s 2004-2006 Local Government Study Commission and was approved by the voters at the November 7, 2006 general election. The Charter became effective on January 1, 2008. The Charter confers certain powers and restrictions, prescribing procedures and governmental structure. The Charter was created …to secure the benefits of local self-government and to provide for an honest and accountable commission-manager government. (Preamble, City of Bozeman Charter) Section 7.01 (b) of the Charter called for the establishment of an independent Board of Ethics as well as the requirement for annual training and education of city officials, city board members and employees regarding the state and city ethics codes. Ordinance No. 1726, Creation of the Board of Ethics To establish a Board of Ethics (the “Board”) as required in the voter approved Charter, the City Commission adopted Ordinance No. 1726 which provide guidelines for the creation of the board and other ethics related content required in the Charter. These provisions are codified in the Bozeman Municipal Code at Chapter 2, Article 3, Division 4 (Sect. 2.03.460 et seq., BMC). Duties and powers of the Board, who may request board action and the limitations of the board’s power, are included. In May of 2009, the City Commission adopted Ordinance No. 1759 which amended the original Ordinance. Changes made relating to the board itself were minor. Board Duties and Responsibilities Bozeman Municipal Code, Chapter 2, Article 3, Division 4 – Code of Ethics The Code of Ethics is an important piece of City law. As the declaration of policy section 2.03.460 states, The purpose of this code of ethics is to set forth standards of ethical conduct, to assist public officials and employees in establishing guidelines for their conduct, to foster the development and maintenance of a tradition of responsible, accountable and effective public service, and to prohibit conflict between public duty and private interest. Following are sections within the Code of Ethics directly related to the Board and a brief summary of each. Other sections within the Code of Ethics provide additional direction to the Board and the public in addressing ethical issues and violations. Board of Ethics Report, 2019 Page 5 of 8 Sec. 2.03.580 - Board of Ethics. This section defines the composition and terms of the Board, requirements for membership, and lists the support City staff will provide. Sec. 2.03.600 - Duties and powers of the board. This section provides details about Board procedures related to meetings, conducting hearings, and reporting and establishing procedures for administration and implementation of the Code of Ethics. These duties include: • Evaluating all aspects of the Code of Ethics to ensure the public and all public servants have a reasonable opportunity and are encouraged to participate; • Developing a plan to educate public servants about their rights, duties and responsibilities; • Submit an annual report of summary decisions, opinions and recommended actions regarding ethical practices or policies; • Arrange for an annual workshop or training program for all employees, elected officials and board and committee members; and • Conduct hearings as needed. Sec. 2.03.610 - Who may request board action. This section outlines that any person may file a complaint with the Board and further explains who may request of the Board an ethics opinion. Sec. 2.03.620 – Limitations on board’s power. This section explains in detail what limitations are placed on the Board and that the Board may refer a matter to the city attorney for review. In addition to the City’s Code of Ethics, the Board has jurisdiction over State of Montana Ethics laws. These provisions are codified in Title 2, Chapter 2, Part 1, MCA (Sect. 2-2-101, et seq., MCA). Requirement of Annual Report The annual report of the Board is a way to inform the public, officials and city employees of what the Board has accomplished in the past year and report any decisions or opinions. The Bozeman Municipal Code Sec. 2.03.600 specifically states that the board shall: Board of Ethics Report, 2019 Page 6 of 8 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, 2019 Page 7 of 8 2019 Year-End Report 2019 Ethics Training This year’s employee ethics training was designed by City Manager Andrea Surratt with support from City Attorney Greg Sullivan and Executive Assistant Julie Hunter. An Ethics Team was formed of City department representatives and tasked to create realistic ethics scenarios with resolutions that could be used for training and instruction. Variations of the training provided customization for employees and boards. The Board of Ethics approved the curriculum and it was provided to the Ethics Trainers, made up of HPO Members and Board Liaisons. A Train the Trainers session was held to teach how to facilitate the training sessions among their teams and/or boards. Trainers were walked through each scenario carefully to assure they were comfortable with the resolutions. They were given multiple resources from which to draw from including how-to documents, Municipal Code citations and City personnel who could guide them at any time. The Trainers completed the Ethics Training sessions by the end of October, 2019. The city continues to ask new employees and board members to complete ethics training shortly after hiring/appointment to help familiarize them with the Code and to meet the yearly training requirement even when joining the organization after the yearly training. Summary of the Board’s Decisions and Opinions In December, 2018 Roger Koopman brought an Ethics Complaint alleging that city public officials or City public employees violated the Montana Code of Ethics or violated Bozeman’s Code of Ethics while engaging in acts connected to the recently concluded bond issue election. The Board of Ethics held public meetings in January and February, 2019 to address Mr. Koopmans’s Ethics Complaint. Upon review of the complaint, and with the findings of the Office of the Commissioner of Political Practices (COPP) (which issued a Dismissal of Mr. Koopman’s complaint) the Board of Ethics accordingly dismissed the entirety of the allegations of Mr. Koopman’s Ethics Complaint. Please see COPP decision, Board of Ethics Decision and District Court Decision here. Upcoming Recommendations City Attorney Greg Sullivan has asked the board to clarify whether benefits received by employees in their status as members of a collective bargaining unit are considered gifts under the City’s ethics code. Under state and federal regulations for state and federal employees, federally applicable benefits to an employee through their union are not gifts. Mr. Sullivan is asking the Board of Ethics to clarify this is also Board of Ethics Report, 2019 Page 8 of 8 the case for Bozeman. The same consideration was asked of discounts for professional affiliations. Recommendations were put forth in a memo shared at the 10-09-2019 Board of Ethics meeting.