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02-26-25 BoE Agenda and Packet Materials
A. Call meeting to order B. Disclosures C. Changes to the Agenda D. Public Comments on Non-agenda Items Falling within the Purview and Jurisdiction of the Board E. Action Items THE BOARD OF ETHICS OF BOZEMAN, MONTANA BOE AGENDA Wednesday, February 26, 2025 General information about the Board of Ethics is available our Board of Ethics webpage. If you are interested in commenting in writing on items on the agenda please send an email to comments@bozeman.net or visit the Public Comment Page prior to 12:00pm on the day of the meeting. Anonymous public comments are not distributed to the board or staff. Public comments will also be accepted in-person and through Video Conference during the appropriate agenda items. As always, the meeting will be streamed through the Commission's video page and available in the City on cable channel 190. For more information please contact Greg Sullivan, gsullivan@bozeman.net This meeting will be held both in-person and also using an online video conferencing system. You can join this meeting: Via Video Conference: 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 United States Toll +1 646 558 8656 Access code: 963 6417 3487 This is the time to comment on any non-agenda matter falling within the scope of the Board of Ethics. There will also be time in conjunction with each agenda item for public comment relating to that item but you may only speak once per topic. Please note, the Board cannot take action on any item which does not appear on the agenda. All persons addressing the Board shall speak in a civil and courteous manner and members of the audience shall be respectful of others. Please state your name, and state whether you are a resident of the city or a property owner within the city in an audible tone of voice for the record and limit your comments to three minutes. 1 E.1 Recommend the City Commission adopt the revised City of Bozeman Ethics Handbook(Giuttari) E.2 Work Session on Substantive Provisions of the Code of Ethics.(Sullivan) F. FYI/Discussion G. Adjournment Having reviewed and considered the updates made to the Bozeman Ethics Handbook, I move to recommend the City Commission approve the updated Bozeman Ethics Handbook. This board meets as needed. Board of Ethics meetings are open to all members of the public. If you have a disability that requires assistance, please contact our Acting ADA Coordinator, Max Ziegler, at 406.582.2439 2 Memorandum REPORT TO:Board of Ethics FROM:Greg Sullivan, City Attorney Jennifer A. Giuttari, Assistant City Attorney SUBJECT:Recommend the City Commission adopt the revised City of Bozeman Ethics Handbook MEETING DATE:February 26, 2025 AGENDA ITEM TYPE:Administration RECOMMENDATION:Having reviewed and considered the updates made to the Bozeman Ethics Handbook, I move to recommend the City Commission approve the updated Bozeman Ethics Handbook. 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:In June 2024, the Board of Ethics established a work plan. The Board's work plan contains five areas: 1. Revise the City's Ethics Handbook; 2. Adopt an ordinance on procedural changes for ethics complaints and procedures (completed Feb. 2025); 3. Conduct a mock trial; 4. Perform a substantive review of the Code of Ethics; and 5. Meet with board chairs regarding changes. Pursuant to 2.03.600, BMC, the Board of Ethics must develop and submit to the City Commission for its approval and ethics handbook for the use of all public servants and the public. The Ethics Handbook revision is part of the Board's above-listed work plan. Changes to the Handbook include edits for clarity and style, updating citations to the Bozeman Municipal Code in light of revisions to the Code of Ethics since the last publication of the Handbook. The City Attorney's Office worked with the City Clerk's Office and the Human Resources Department to complete the draft Handbook. During this agenda item we will present the Handbook. The Board may make changes. We recognize also that the Handbook will be adjusted in format and presentation prior to it being presented to the City Commission for approval and publication on the City's website and to all employees and officials. 3 UNRESOLVED ISSUES:None. ALTERNATIVES:Provide additional edits or changes to the Ethics Handbook. FISCAL EFFECTS:None. Attachments: Ethics Handbook 2025 FINAL for EB 2 21 25 CLEAN.pdf Report compiled on: February 13, 2025 4 City of Bozeman Ethics Handbook 5th edition Approved by the Board of Ethics on February 26, 2025 Approved by the City Commission on DATE 5 Page | 2 City of Bozeman Ethics Handbook By: Bozeman City Commission Bozeman Board of Ethics Bozeman City Atorney’s Office Bozeman City Clerk’s Office Bozeman Human Resources Department City of Bozeman P.O. Box 1230 121 North Rouse Bozeman, MT 59771 www.bozeman.net Copyright © 2025 6 Page | 3 Preface This Ethics Handbook is produced by the Bozeman Board of Ethics to educate ci�zens and train employees and public officials in ethical best prac�ces and legal requirements. In addi�on, this Handbook details specific ethical requirements and provides guidance on obtaining informa�on and filing ethics complaints. The City Code of Ethics required by Sec�on 7.01 of the Bozeman Charter and is codified in Chapter 2 Ar�cle 3, Division 4 of the Bozeman Municipal Code. City of Bozeman’s Core Values Integrity Be honest, hardworking, reliable, and accountable to the public. Leadership Take ini�a�ve, lead by example, and be open to innova�ve ideas. Service Work unselfishly for our community and its ci�zens. Teamwork Respect others, welcome ci�zen involvement, and work together to achieve the best result. Disclaimer: This Handbook is not meant to serve as an authoritative legal guide for municipal and state ethics laws. For specific legal direction regarding the City of Bozeman Code of Ethics and the Montana Code of Ethics, see the full state statutes, the City’s municipal code, and consult with the City Attorney’s Office or the City’s Human Resources Department. 7 Page | 4 Table of Contents 1. What Are Ethics and Why Are They Important for Local Governments? .......... 5 2. Why Have an Ethics Handbook? ...................................................................... 5 3. Who Is This Handbook Writen For? ................................................................ 6 4. What is the Board of Ethics and What are its Responsibili�es? ....................... 6 5. Why are Employees and Officials Required to take an Annual Ethics Training? 6 6. What are the Standards of Conduct? .............................................................. 7 7. Can Employees or Officials Use City Resources for Personal Gain? .................. 8 8. What if an Employee or Official has a Conflict of Interest? .............................. 8 9. Can Employees or Officials Disclose Confiden�al Informa�on? ....................... 9 10. Can Employees or Officials Accept Gi�s? ..................................................... 9 11. Do Employees or Officials Have to File Financial Disclosure Statements? ... 13 12. What Are the Post-Employment Policies for Employees or Officials? ......... 14 13. Are there Restric�ons on Ex Parte Communica�ons? ................................ 15 14. What is the City Whistle Blower Policy? ..................................................... 15 15. What State Laws Apply to Ethics in Local Government? ............................. 16 16. What are the Penal�es for Viola�ng the Code of Ethics? ........................... 17 17. Are there Addi�onal Resources on Ethics in Local Government? ............... 18 18. What is the Process to Seek Advice About the City Code of Ethics? ........... 19 19. How Can an Ethics Complaint be Filed? ..................................................... 20 8 Page | 5 1. What Are Ethics and Why Are They Important for Local Governments? Ethics are commonly defined as the rules of conduct that govern how a society differen�ates between good and bad, and between right and wrong. In prac�ce, ethics guide individuals in iden�fying the correct course of ac�on in how decisions are made. For Bozeman, the role of ethics is significant for maintaining public trust and ensuring fairness. A goal of City’s ethics program is to preserve the public’s confidence that government policies and decisions are made in the proper channels of the government structure and that the public has confidence in the integrity of its city government. (2.03.460, BMC). Many local governments, including the City of Bozeman, have created laws that outline a code of ethics specifying the conduct of all government employees and officials. Addi�onally, an ethics code, as is the case for Bozeman, is designed to guarantee that procedural requirements are followed so all government ac�ons are not only fair, but also appear fair. 2. Why Have an Ethics Handbook? This Handbook was created as a result of the ci�zen established Bozeman City Charter (effec�ve Jan. 1, 2008), and through ordinances adopted by the City Commission to establish the Code of Ethics. Sec�on 7.01(a) of the Bozeman Charter states, “the use of public office for private gain is prohibited” and the Charter requires the City to implement an ordinance addressing ethical maters such as conflict of interest, accep�ng gi�s, use of confiden�al informa�on, and public disclosure. The Charter also requires the City to establish a Board of Ethics. Among the many responsibili�es of the Board, it must create an “ethics handbook for the use of all public servants and the public” (2.03.600.A.13, BMC). Although not part of the Code of Ethics, the Core Values of the City can also be considered suppor�ve of the Charter and the Code of Ethics. The City Commission Resolu�on establishing the core values states: “Integrity, leadership, service, and teamwork are the core values of our organization and provide a framework for our employees, community volunteers, and citizens,” (Resolu�on No. 3832). In addi�on to the City Code of Ethics, Ar�cle XIII, Part XII, Sec�on 4 of the Montana Cons�tu�on requires the Montana Legislature to adopt a code of ethics prohibi�ng conduct between public duty and private interest and which applies to local government officials and employees. The Legislature has done so in adop�ng the Montana Code of Ethics (2-2-101, et seq., Montana Code Annotated). The Legislature has declared “The holding of public office or employment is a public trust, created by the confidence that the electorate reposes in the integrity of judicial officers, public officers, legislators, and public employees.” (2-2-103(1), MCA). More specific informa�on about the State Code of Ethics is detailed in Sec�on 14 of this Handbook. 9 Page | 6 3. Who Is This Handbook Writen For? This Handbook is writen for all persons interested in the opera�on of Bozeman City government including Bozeman ci�zens, City employees, and elected and appointed City officials. This Handbook addresses legal requirements and best prac�ces for the ethical conduct of City employees and officials as they undertake their public du�es. For specific ethics ques�ons, City employees and officials should contact their immediate supervisor or department director, the Human Resources Department, or the City Atorney. 4. What is the Board of Ethics and What are its Responsibili�es? The City Code of Ethics details the responsibilities of a three-member Board of Ethics (“The Board”). The Board is made up of individuals who are residents of Bozeman but not “elected officials of the City, full-time appointed City officials whether exempt or nonexempt, or City employees” (2.03.580.A, BMC). Board members are appointed by the City Commission to staggered terms and do not receive compensation. Some responsibilities of the Board include but are not limited to: • Evaluate all aspects of the City Code of Ethics to ensure the public and all public servants have a reasonable opportunity and are encouraged to participate in the process; • Develop a plan to educate public servants and the public about their rights, duties, and responsibilities; • Submit an annual report of summary decisions and recommended actions regarding ethical practices or policies; and • Arrange for annual training and education for all board members; and Conduct hearings as needed (2.03.600, BMC). The Board does not have authority to reverse or modify a prior action, or to proscribe a future action of the mayor, city commission, or an officer or employee of the City. (2.03.620, BMC). This includes budgetary, personnel, contractual, administrative, and legislative matters. The Board was created to ensure the public and all public servants have a reasonable opportunity and are encouraged to participate in any process for regularly evaluating the City Code of Ethics. 5. Why are Employees and Officials Required to take an Annual Ethics Training? According to Sec�on 7.01(b) of the City Charter, City officials, board members, and employees must take an annual training on both the state and City ethics codes. To meet this requirement, the Board works with the City’s Ethics Team (a diverse group of City employees) to develop ongoing training and educa�on programs to help employees and officials understand the State 10 Page | 7 and City ethics codes and their ethical responsibili�es. The long-term goal of the Board is to con�nually evolve the ethics training program so par�cipants can expand their understanding year a�er year. The curriculum for the training varies each year and is generally based in discussion regarding real and fic�ous scenarios. The annual ethics training is mandatory for all public officials and City employees. If an employee does not comply with the annual ethics training, they may be subject to disciplinary ac�on, up to and including termina�on. There are also consequences if appointed and elected officials, including board and commitee members, fail to atend the required annual ethics training. In September of 2012, with the City Commission’s adop�on of Ordinance No. 1833, the Ethics Code was amended to include a statement that the City Clerk must forward to the Commission annually a list of appointed officials who fail to take the required training (2.03.600.A.12(b), BMC and the Charter). The Commission may remove an appointed official for failing to atend the training. In addi�on, the City Charter at Sec�on 7.01(b) states, “City officials, board members, and employees shall take an oath to uphold the state and city ethics codes.” A signed statement verifying that the employee or official has received this Handbook and will not knowingly violate the Ethics Code is required for all employees and board members and serves as the required oath. Addi�onal ethics resources in addi�on to the annual training are available to City employees and officials and can be obtained via the City of Bozeman ethics website or by contac�ng the City Clerk’s office (see Sec�on 19 of this Handbook for details on contac�ng the Clerk’s office and Sec�on 17 for further resources). 6. What are the Standards of Conduct? Standards of conduct consist of ethics rules that apply to all City employees and officials. These rules are designed to provide specific guidance for City employees and officials as they fulfill their public du�es. This sec�on of the City Code of Ethics states, among other rules, that officials or employees must: • Act morally and honestly in discharging their responsibili�es; • Discharge their du�es impar�ally and fairly; • Devote necessary �me and effort to the successful func�oning of their agency; and • Not use their posi�on to secure any financial interest or personal interest, improperly influence any other official or employee in the performance of official du�es, or act in a private capacity on maters they are directly responsible for (2.03.490, BMC). 11 Page | 8 Standards of conduct are necessarily broad as they are general principles for behavior. Applica�on of these principles to every day circumstances is the duty of each employee or official. 7. Can Employees or Officials Use City Resources for Personal Gain? City officials and employees are entrusted with public resources such as money, purchasing authority, equipment, and access to confiden�al informa�on. The tempta�on to use resources and knowledge for personal gain can be significant, especially when equipment, such as a vehicle, is entrusted to an employee. As the Charter prohibits the use of public office for private gain, the City Code of Ethics clearly states employees and officials are not permited the use of City-owned vehicles, equipment, material, or the use of other City resources for personal use. In addi�on, a City employee or official is prohibited from using a City automobile to travel to or from home, except when such use is for the benefit of the City, as in the case of an employee on-call outside of the employee’s working hours (2.03.500, BMC). The City also has a specific vehicle use policy (See Administra�ve Order 2007-03), and an IT use policy (See Administra�ve Order 2020-04). 8. What if an Employee or Official has a Conflict of Interest? The Code of Ethics contains several provisions related to conflicts of interest. (2.03.520, BMC). Many of the ethics rules established in the City Code of Ethics provide general principles required of an employee or official while others provide specific direc�on. The conflict of interest sec�on provides both specific rules required of an employee or official when confronted with a poten�al conflict, and general principles which can provide guidance if a situa�on is not covered by a specific rule. A conflict of interest can be either financial or personal. In general, no City official or employee shall take or influence official ac�on if they have a financial or personal interest in any transac�on or mater with the City without full public disclosure (further detailed in Sec�on 11 of this handbook) (2.03.520.C, BMC). A financial interest is defined as any interest (such as ownership, a contractual rela�onship, or a business rela�onship), which will result in a monetary or other material benefit that has a value of more than fi�een dollars, other than an employee’s or official’s salary or compensa�on (2.03.470.A.6, BMC). A personal interest is any interest that would affect the ac�on of the individual other than a financial interest (2.03.470.A.10, BMC). Clearly, it is beter to avoid conflicts of interest than determine how to manage one a�er it arises. If a City official or employee has a conflict of interest, the individual should first review the specific language in the Code. If the Code does not provide specific direc�on, the employee 12 Page | 9 or official should speak with their supervisor, the Human Resources Department, or the City Atorney (see Sec�on 17 of this handbook). 9. Can Employees or Officials Disclose Confiden�al Informa�on? Ar�cle II, Sec�on 10 of the Montana Cons�tu�on provides an express right to privacy: “The right of individual privacy is essen�al to the well-being of a free society and shall not be infringed without the showing of a compelling state interest.” Confiden�al informa�on held by the City is broader than informa�on private to an individual. Considering this cons�tu�onal right, and while balancing open government laws in Montana, the protec�on of confiden�al informa�on is a public duty. To fulfill this obliga�on, City officials or employees are not, without legal authority, permited to disclose confiden�al informa�on concerning personnel, property, government, or affairs of the City (2.03.530.A, BMC). Confiden�al informa�on is defined as any informa�on which is not available to the general public and which is obtained only by reason of an individual’s posi�on with the City (2.03.470.A.3, BMC). City officials or employees are also not permited to use confiden�al informa�on to advance their own financial or personal interest or the financial or personal interests of another person (2.03.530.B, BMC). Finally, city employees and officials must use their best judgment to determine if informa�on is confiden�al. If so, employees and officials are under obliga�on to protect those confidences. If an employee or official is uncertain whether informa�on is confiden�al, the employee or official must contact their supervisor, Human Resources, or the City Atorney. 10. Can Employees or Officials Accept Gi�s? The purpose of an ethics provision on the acceptance of gi�s is to ensure that public office is not used for private gain or to influence or reward a person for taking official ac�on. There are �mes, however, when the acceptance of gi�s, gratui�es, or favors are in the public interest, such as when the acceptance of a gi� assists in establishing effec�ve rela�onships between the City and the public, acceptance of awards for public service, and atending public events in an official capacity. To address these concerns, in 2012, the Board of Ethics and City Commission adopted Ordinance 1833, which revised the gi� provision in the City Code of Ethics. this was done because, in limited circumstances, there are legi�mate governmental interests that allow an employee or official to accept a gi� without such acceptance being considered the use of public office for private gain or to influence or reward. (2.03.540, BMC). In addi�on, in 2021, the City 13 Page | 10 Commission adopted Ordinance 2092 recognizing certain items provided an employee or official because of their posi�on as employees or officials do not cons�tute gi�s. These include benefits provided by the City as an employer, discounts on good or services provided by a labor union or professional organiza�on, and certain educa�onal scholarships. (2.03.540.F.5-8, BMC). Asking the following questions step by step may help you determine whether a gift can be accepted under the City Code of Ethics and if so, whether a public disclosure statement must be filed: 1. Does the gift, gratuity, or favor fall within any of the following categories? (2.03.540(F), BMC). a. Items or services provided to an employee or official in their private capacity and without relationship to their employment or official position; b. 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; c. An award publicly presented to an employee or official in recognition of public service; d. Compensation for officiating at a ceremony; e. Benefits provided by the City as an employer beyond salary and employment-related benefits, and which are available to all City employees; f. Discounts on goods or services, or other benefits provided by a labor union to its members who are employees of the City if: • The benefits are generally available throughout the state or the country to the same category of union member; and • The benefit is not offered to influence an employee to depart from the faithful and impartial discharge of a person’s public duties or to reward the person for official action taken; 14 Page | 11 g. Discounts on goods or services or other benefits provided by an employee’s professional organization if: • The benefit is generally available throughout the state or the country to the same category of professional organization member; and • The benefit is not offered to influence an employee to depart from the faithful and impartial discharge of a person’s public duties or to reward the person for official action taken; h. 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 a private corporation, foundation, and non-profit organization, to an employee because of their professional status or category if: • The benefit is not offered to influence an employee to depart from the faithful and impartial discharge of a person’s public duties or to reward the person for official action taken; and • The City does not purchase goods or services from the private entity. YES – The above items are NOT considered gifts. This item is not a gift, gratuity or favor according to city code. NO – Go on to step 2. 2. Would the gift, gratuity or favor tend to improperly influence (or appear to others to improperly influence) a reasonable person in the person’s position to depart from the faithful and impartial discharge of the person’s public duties? YES – STOP –It is unlawful to accept the gift regardless of its value. NO – it would not improperly influence or appear to influence. Go on to step 3. 15 Page | 12 3. Do you know or would a reasonable person in that position know the gift, gratuity, or favor is primarily for the purpose of rewarding for official action taken (or appear to others as a reward for official action taken)? YES – STOP – It is unlawful to accept something as a reward for an official action. NO – It is not and would not appear to be a reward for official action taken. Go on to step 4. 4. Does the gift, gratuity or favor have a value of $100 or more? YES – the value is less than $100 and would not tend to influence or reward. Go ahead and accept. NO – the value is more than $100. Go on to step 5. 5. Does the gift, gratuity, or favor have a value greater than $25 but less than $100 for an individual and is it provided incidental to and in conjunction with a public event where the official or employee’s attendance is in fulfillment of their official duties or is an educational or travel related expense incurred while representing the City? YES – the value is greater than $25 but less than $100 and is provided incidental to and in conjunction with a public event in fulfillment of duties or is an educational or travel related expense incurred while representing the City, and would not tend to influence or reward. Go ahead and accept but only after filing a *public disclosure statement with the Board of Ethics that indicates 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. NO – the value is $100 or more. Go on to step 6. 16 Page | 13 6. Does the gift, gratuity or favor involve accepting payment or reimbursement from a person or entity for necessary expenses such as travel, lodging, meals, and registration fees incurred while representing the City and does not place or appear to place the official or employee under obligation, clearly serves the public good, and is not lavish or extravagant? YES – it involves expenses incurred while representing the City, does not place me under obligation, serves the public good, is not lavish or extravagant and does not tend to influence or reward. Go ahead and accept but only after filing a *public disclosure statement with the Board of Ethics that indicates 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. NO – STOP – It is unlawful to accept a gift with a value of $100 or more that does not involve necessary expenses incurred while representing the City or that places one under obligation or does not serve the public good or is lavish or extravagant. * The City Clerk has gift disclosure forms available. Please note that Montana State Law (2-2-104, MCA) also has guidelines related to accepting gifts but since the City of Bozeman has narrower criteria, employees and officials must look to the City’s Code of Ethics for guidance. If you are unsure whether you have interpreted the steps correctly or would like to verify whether or not you can lawfully accept a gift, gratuity, or favor, please check with your supervisor, the Human Resources Department, or the City Attorney. The City Attorney routinely advises employees and officials on a case-by-case basis regarding whether acceptance of a gift is lawful (for more information on contacting the City Attorney, see Handbook Section 17. 11. Do Employees or Officials Have to File Financial Disclosure Statements? Sec�on 7.01(a) of the City Charter requires the “reasonable public disclosure of finances by officials with major decision-making authority over monetary expenditures and contractual and regulatory maters…”. The purpose behind the disclosure requirement is to ensure accountability and transparency in the management of public resources. The annual filing of a Financial Disclosure Statement is required for officials and employees who are determined to be “major financial decision makers.” Annually, the City Finance Director creates a list and 17 Page | 14 individuals subject to the disclosure requirements are no�fied (2.03.550.A.1, BMC). The City Clerk manages all the submited disclosures. In addi�on, the Finance Department creates a list of vendors and service providers for each department who contract for services or materials greater than $2,500 each month or more than $10,000 per year. Each member of a department must disclose if they have an economic rela�onship with that vendor (2.03.550.A.4, BMC). The Finance Department maintains this list of vendors. 12. What Are the Post-Employment Policies for Employees or Officials? The public may distrust ac�ons taken by individuals who once worked for or represented the City when the knowledge gained in service to the City directly benefits the former employee or official. To balance these considera�ons, City employees and officials are subject to specific rules that apply to post-employment ac�vi�es. As a rule, City employees and officials may not, for 12 months following the date they cease to be a public servant, make any formal or informal appearance before or nego�ate with any decision maker regarding a transac�on or mater which was under the public servant’s direct responsibility or which the former public servant par�cipated personally and substan�ally; without filing a public notice (2.03.560.A.1, BMC). Public no�cing requirements can be found in 2.03.570, BMC. In addi�on, during the first 12 months a�er separa�on from the City, no former official or employee may, without filing a proper disclosure, represent, act or appear on behalf of an individual or en�ty other than the City in connec�on with any transac�on or mater which was under the former public servant’s direct responsibility or which the former public servant par�cipated personally and substan�ally as a public servant.(2.03.560.A.2, BMC). Public no�cing requirements can be found in 2.03.570, BMC. However, there may be times when, after a proper disclosure is made, involvement by the former employee or official would not be prohibited. The disclosure shall be made with the City Clerk and with the City Attorney (2.03.570, BMC). In some instances, the public may not understand or be privy to these disclosures prior to a lawful action taking place. As a result, employees and officials who leave the City should be mindful of the long-term implications for the public trust when considering engaging in an activity subject to the Code of Ethics. In addi�on, City employees and officials may not use their former City �tle following termina�on of employment with the City unless the former public servant indicates the employment with the City was former to the current employment (2.03.560.B, BMC). 18 Page | 15 13. Are there Restric�ons on Ex Parte Communica�ons? Favori�sm and bias in decision-making has the poten�al to nega�vely impact the public’s trust. When an official engages in discussions with individuals outside of the official public process, the public may view decisions involving those individuals with distrust. Ex parte communica�ons are defined as private, one-sided communica�on between a decision- maker and a party or person while an issue involving the person is pending before that decision- maker. While the City Code of Ethics does not specifically address ex parte communica�ons for employees and officials, these individuals must comply with established principles regarding such communica�ons, par�cularly for those individuals ac�ng in a quasi-judicial capacity. The first principle regarding ex parte communica�on is to avoid it. If, however, an individual feels that they are involved in an ex parte communica�on that may nega�vely impact their ability to perform official du�es, the individual must disclose the communica�on on the record, recuse themselves from par�cipa�ng in the discussion and ac�on on the subject, and step away from their official seat on the board or commitee. If the communica�on does not affect an official’s ability to impar�ally perform their du�es, the official must s�ll disclose the existence of the ex parte communica�on and state on the record that their decision will be based solely on the public record and not on the substance of the ex parte communica�on. Employees and officials should seek the advice of the City Atorney for general informa�on on ex parte communica�on and when such communica�ons occur. 14. What is the City Whistle Blower Policy? Transparent and fair prac�ces are at the heart of the public’s trust in Bozeman’s government. When officials and employees violate this trust, the public should have the opportunity to ac�vely report viola�ons. Without such opportunity, the very premise upon which the Charter and City Code of Ethics are built will not be fulfilled. The Code of Ethics refers to “whistle blowing” as the “repor�ng of improper governmental ac�on.” As such, the City has established Code of Ethics provisions that define and provide a procedure for repor�ng improper governmental conduct. (2.03.590, BMC). Every official or employee must refrain from improper governmental ac�on. An improper governmental ac�on includes any ac�on taken by an official or employee during the performance of their du�es that violates the standards of conduct in the Code of Ethics or Montana state law, or is intended to harass, in�midate, or retaliate against any other employee, official, or any member of the public. This principle is cri�cal: No official or employee shall retaliate against any employee, official or member of the public regarding an allega�on of improper governmental ac�on (2.03.490.I, BMC). 19 Page | 16 An improper governmental ac�on also includes any ac�on that violates a fiduciary duty to the City or its ci�zens or creates a danger to the public health or safety (2.03.470.A.8.a, BMC). To ensure the public is afforded the ability to “whistle blow,” the Code of Ethics specifically states that every city employee, official or member of the public has the right to report in good faith, informa�on concerning improper governmental ac�on (2.03.590.B, BMC). The City Code of Ethics further states that “each member of the public shall be treated courteously, impar�ally, and fairly. All employees and officials shall in the exercise of their official du�es refrain from taking any ac�on, making of any statement, or authoring any document that is intended to harass, in�midate, or retaliate against any member of the public” (2.03.510, BMC). It is important to note that “improper governmental ac�on” excludes personnel ac�ons, including but not limited to: employee grievances, complaints, appointments, promo�ons, transfers, assignments, reassignments, reinstatements, restora�ons, reemployments, performance evalua�ons, reduc�ons in pay, dismissals, suspensions, demo�ons, reprimands, viola�ons of collec�ve bargaining or civil service laws, or alleged viola�ons of agreements with labor organiza�ons under collec�ve bargaining (2.03.470.A.8.b, BMC). Finally, a properly authorized city program or budgetary expenditure does not become an improper governmental ac�on because a person disagrees with the city policy or decision (2.03.470.A.8.c, BMC). Members of the public who may want to discuss a poten�al whistle blowing ac�on are encouraged to contact the City Atorney. One last note: repor�ng of improper governmental conduct does not require the filing of a formal ethics complaint. 15. What State Laws Apply to Ethics in Local Government? Montana ethics laws apply to local government officials and employees. Because of this, employees and officials must understand there are provisions of State law in addi�on to the City Code of Ethics that apply to employees and officials. For example, both State law and the City Code of Ethics prohibit conflict between public duty and private interest as required by the Cons�tu�on of Montana (2-2-101, MCA). Montana law provides a number of rules of conduct for public officers and employees. (2-2-121, MCA and 2-2-104, MCA). Employees and officials should familiarize themselves with these rules. Another important provision of State law applicable to employees and officials is the requirement that they may not receive a salary from two separate public employment posi�ons that overlap for the hours being compensated. Employees and officials should familiarize themselves with other specific provisions and excep�ons of State law that are detailed in the 20 Page | 17 Montana Code Annotated (2-2-104 (3)(a), MCA). Employees and officials must also disclose in wri�ng the nature of any private interest that creates a conflict to the Commissioner of Poli�cal Prac�ces at the address below (2-2-131, MCA): Montana Commissioner of Poli�cal Prac�ces 1205 8th Ave P.O. Box 202401 Helena, MT 59620-2401 htps://poli�calprac�ces.mt.gov/ According to State law, a public employee (as defined by 2-2-102(8), MCA) may not within six months following the termina�on of employment, contract with or be employed by an employer who contracts with the State or any of its subdivisions involving maters with which the former employee was directly involved during employment. This provision does not absolve an employee from complying with the post-employment ac�vi�es of the City Code of Ethics (see Sec�on 11 of this Handbook). The prohibi�on on post-employment ac�vity in the City Code of Ethics lasts for twelve months. Employees and officials are encouraged to familiarize themselves with 2-2-201, MCA and 2-2-105(3), MCA. City employees and officials are also subject to State law regarding nepo�sm. Nepo�sm is defined as the “bestowal of poli�cal patronage by reason of rela�onship rather than of merit” (2-2-301, MCA). It is unlawful to appoint a person who is related by blood (consanguinity) or marriage (affinity) to any posi�on of “trust or emolument” (meaning any office or employment that results in compensa�on or privilege) within certain degrees of rela�onship. While State law related to nepo�sm applies only to these rela�onships, the appearance of favori�sm with regards to friends or acquaintances of employees or officials can also be a hindrance to the public’s trust in Bozeman’s government. State law also addresses the receipt of gi�s. The City’s gi� provision in the Code of Ethics is more stringent than State law so employees and officials must consult and comply with the City’s gi� provision keeping in mind they are also required to comply with the State’s gi� provision. (2-2-104(1)(b), MCA). Employees and officials should consult with the City Atorney for addi�onal informa�on on poten�al conflicts or excep�ons to State requirements. 16. What are the Penal�es for Viola�ng the Code of Ethics? The rules of the State and City Codes of Ethics are enforced in a way that ensures public trust in City officials and employees. All employees and officials must understand that a viola�on of the City or State Code of Ethics may lead to disciplinary ac�on, up to and including termina�on, 21 Page | 18 removal from office, or even criminal sanc�ons. While there are provisions in State code for viola�ons of state law (2-2-144, MCA), a viola�on of the City Code of Ethics, in addi�on to termina�on or removal from office, could be prosecuted for official misconduct under 45-7-401, MCA. 17. Are there Addi�onal Resources on Ethics in Local Government? The following is a par�al list of addi�onal resources for informa�on on ethics in local government: City of Bozeman Board of Ethics c/o Office of the City Clerk 121 North Rouse P.O. Box 1230 Bozeman, MT 59771-1230 Tel: (406) 582-2320 agenda@bozeman.net Individual Board members can also be reached via bozeman.net email addresses. For current board member names and email addresses please see: bozeman.net/government/city- commission/ethics Local Government Center Montana State University P.O. Box 172240 Bozeman, MT 59717 Tel: (406) 994-6694 msulocalgov@montana.edu www.msulocalgov.org Ethics Resource Center 2345 Crystal Drive, Suite 201 Arlington, VA 22202 Tel: (703) 647-2185 ethics@ethics.org www.ethics.org 22 Page | 19 City Ethics, Inc. 4417 Beach Blvd., Suite 300 Jacksonville, FL 32207 info@cityethics.org www.cityethics.org Council on Governmental Ethics Laws P.O. Box 81237 Athens, GA 30608 Tel: (706) 548-7758 director@cogel.org www.cogel.org 18. What is the Process to Seek Advice About the City Code of Ethics? If a City employee or official has a ques�on about a poten�al ethics issue, depending on the employee’s or official’s posi�on and the nature of the issue, they should consult with their supervisor, the Human Resources Department, or seek the advice of the City Atorney. Any member of the public may also request a City Atorney opinion with respect to poten�al conflicts of interest of an employee or official (2.03.630.A, BMC). Contact informa�on is available below. Bozeman City Atorney’s Office Bozeman City Hall 121 North Rouse Ave. P.O. Box 1230 Bozeman, MT 59771-1230 Tel: (406) 582-2309 City of Bozeman Human Resource Department Bozeman City Hall 121 North Rouse Ave. P.O. Box 1230 Bozeman, MT 59771-1230 Tel: (406) 582-2300 humanresources@bozeman.net 23 Page | 20 The public can also ask a ques�on through the ASK BZN portal on the City’s website. 19. How Can an Ethics Complaint be Filed? Any member of the public may file a complaint with the Board of Ethics (2.03.640, BMC). Writen complaints must be filed with the City Clerk at the address below. City of Bozeman Board of Ethics C/o Office of the City Clerk 121 North Rouse P.O. Box 1230 Bozeman, MT 59771-1230 Tel: (406) 582-2320 comments@bozeman.net City of Bozeman - Ethics Individual Board members can also be reached via their bozeman.net email address. 24 Memorandum REPORT TO:Board of Ethics FROM:Greg Sullivan SUBJECT:Work Session on Substantive Provisions of the Code of Ethics. MEETING DATE:February 26, 2025 AGENDA ITEM TYPE:Policy Discussion RECOMMENDATION:None required. 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:During this agenda item, and as part of the Board's work plan, the Board will have an opportunity, if time allows, to continue its discussions regarding a substantive review of the Code of Ethics. The City Attorney will be available to facilitate the Board's discussion. UNRESOLVED ISSUES:None. ALTERNATIVES:N/A FISCAL EFFECTS:N/A Report compiled on: February 20, 2025 25