HomeMy WebLinkAbout12-27-24 Public Comment - P. McGown - Another concernFrom:Nicholas Ross
To:Patty McGown
Cc:Bozeman Public Comment; Chuck Winn; Erin George
Subject:RE: [EXTERNAL]Another concern
Date:Monday, December 23, 2024 5:10:15 PM
Attachments:image001.png
Ms. McGown, good afternoon.
Thank you for bringing your concern to our attention. For reference, the attached email specifically
addresses the City code regarding ethics in contracting.
Regarding your reference below to 2-2-201, MCA, your concern specifically asks whether under
subsection 2(c) Mr. Egge is “directly involved” with the contract in his role as a member of the
Community Development Board thus creating the conflict. 2-2-201(1) states, “[] City [] officers may
not be interested in any contract made by them in their official capacity or by any body, agency, or
board of which they are members [] if they are directly involved with the contract.” Subsection 2(c)
provides, “directly involved means the person directly monitors a contract, extends or amends a
contract, audits a contractor, is responsible for conducting the procurement or for evaluating
proposals or vendor responsibility, or renders legal advice concerning the contract.” Regarding your
focus on the phrase “evaluating proposals.”, this appears to question whether land development
applications that come before the Community Development Board are “proposals” under the
statute defining an official’s direct involvement in a contract.
In response to this concern, the Community Development Board has no role in the review of the
bike/ped analysis including no role in formulating the project, creating the scope of the project,
reviewing submissions under the RFP, or in commenting on the contract.
The statutory phrase “evaluate proposals” is in reference to the proposals that are submitted in
response to the City’s solicitation (i.e. the City’s RFP). This phrase cannot be read to encompass
anything other than the contracting process. As such, land use applications that are reviewed
independent of the contract are not “proposals”. Given the above, the City’s contracting with High
Street does not establish a conflict of interest for Mr. Egge nor does it establish a prohibition on
contracting with High Street for this project.
Please note that the City Attorney’s determination is specific only to this contract. As with all
employees and appointed/elected officials, each circumstance may require its own evaluation.
Thank you again for your concern, we hope this explanation helps clarify the situation.
-Nick
Nicholas Ross, P.E.
Director | Transportation and Engineering
City of Bozeman
From: Patty McGown <pmcgown23@gmail.com>
Sent: Sunday, December 15, 2024 8:42 PM
To: Bozeman Public Comment <comments@BOZEMAN.NET>; Chuck Winn
<CWinn@BOZEMAN.NET>; Erin George <egeorge@BOZEMAN.NET>; Nicholas Ross
<nross@BOZEMAN.NET>
Subject: [EXTERNAL]Another concern
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Dear City Commissioners and planners;
Thank you for your continued work here in Bozeman.
Patty McGown
222 S 13th Ave
At the April 16, 2024 Commission Meeting, the commission voted in favor of:
https://d2kbkoa27fdvtw.cloudfront.net/bozeman/385e78d64b30ac71b034272f46dbf7e50.pdf
For a contract with High Street Consulting.
Mark Egge is a consultant with High Street Consulting on this contract with the city of Bozeman. He’s
a paid consultant on that contract for the pedestrian gap analysis, ($230/hr).
On Tuesday, 12/18/2024, Egge is being considered for reappointment to the Community
Development Board.
In Montana Annotated Code 2-2-201
2-2-201. Public officers, employees, and
former employees not to have interest in
contracts, MCA
archive.legmt.gov
letter C includes “evaluate proposals”.
Can an employee of a contracted consulting company be appointed to a Bozeman committee where
the committee may evaluate proposals?
Does the Community Developmnet Board evaluate proposals? If I’m not mistaken, this board is part
of the zoning commission, where they evaluate proposals on annexations, subdivisions, and
preliminary plat maps.
This is concerning. That Egge, is a paid consultant on a contract signed with the City of Bozeman,
while also serving on the Community Development board, where the board may be tasked with
evaluating proposals.
Please re-consider reappointing Egge to the Community Development Board.
Patty McGown