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HomeMy WebLinkAbout10-14-25 - Board of Ethics - Agendas & Packet MaterialsA. Call meeting to order B. Changes to the Agenda C. Approval of Minutes C.1 Approve the minutes from September 16, 2024, December 9, 2024, and February 26, 2025(Maas) D. Public Comments on Non-agenda Items Falling within the Purview and Jurisdiction of the Board THE BOARD OF ETHICS OF BOZEMAN, MONTANA BOE AGENDA Tuesday, October 14, 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 +1 669 444 9171 Access code: 942 8266 5114 Consider the Motion: I move to approve the minutes as submitted. 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 1 E. Special Presentation F. Action Items F.1 Review the City's Annual Staff Ethics Training Curriculum (2025)(Giuttari) F.2 Review the City's Annual Boards' Ethics Training Curriculum (Maas) G. FYI/Discussion G.1 Review and Discuss the Board of Ethics Workplan and Schedule Future Meetings H. Adjournment and limit your comments to three minutes. I move to approve the City's annual staff ethics training curriculum in accordance with the City's Charter. Consider the Motion: I move to approve the City's annual boards' ethics training curriculum in accordance with the City's Charter. 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:Mike Maas, City Clerk SUBJECT:Approve the minutes from September 16, 2024, December 9, 2024, and February 26, 2025 MEETING DATE:October 14, 2025 AGENDA ITEM TYPE:Minutes RECOMMENDATION:Consider the Motion: I move to approve the minutes as submitted. STRATEGIC PLAN:1.1 Outreach: Continue to strengthen and innovate in how we deliver information to the community and our partners. BACKGROUND:The September 16, 2024, December 9, 2024, and February 26, 2025, meeting minutes are attached for review. UNRESOLVED ISSUES:none ALTERNATIVES:none FISCAL EFFECTS:none Attachments: 02-26-25 Board of Ethics Minutes.docx 09-16-24 Board of Ethics Minutes.docx 12-09-24 Board of Ethics Minutes.docx Report compiled on: October 10, 2025 3 Bozeman Board of Ethics Meeting Minutes, February 26, 2025 Page 1 of 2 THE CITY COMMMISSION MEETING OF BOZEMAN, MONTANA MINUTES February 26, 2025 Present: Sara Rushing, Mark Bond, Jim Drummond Absent: None Excused: None Staff Preset at the Dais: City Attorney (CA) Greg Sullivan, Deputy City Clerk (DCC) Alex Newby A) 00:13:53 Call meeting to order B) 00:14:13 Disclosures C) 00:14:22 Changes to the Agenda D) 00:14:25 Public Comments on Non-agenda Items Falling within the Purview and Jurisdiction of the Board There was no Public Comment E) 00:15:17 Action Items E.1 00:15:19 Recommend the City Commission adopt the revised City of Bozeman Ethics Handbook Ethics Handbook 2025 FINAL for EB 2 21 25 CLEAN.pdf 00:15:31 Action Item Introduction 00:15:57 Staff Presentation Assistant City Attorney (ACA) Jen Guittiari presented the Review of the City's Ethics Handbook, Overview, Summary of Key Revisions, Next Steps. 00:22:04 Questions of Staff 00:28:08 Public Comment 4 Bozeman Board of Ethics Meeting Minutes, February 26, 2025 Page 2 of 2 There was no Public Comment 00:28:38 Motion to recommend 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. Jim Drummond: Motion Sara Rushing: 2nd 00:28:41 Vote on the Motion to recommend 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. The Motion carried 3 - 0. Approve: Sara Rushing Mark Bond Jim Drummond Disapprove: None E.2 00:28:57 Work Session on Substantive Provisions of the Code of Ethics. F) 00:29:39 FYI/Discussion G) 00:30:52 Adjournment This board meets as needed. 5 Bozeman Board of Ethics Meeting Minutes, September 16, 2024 Page 1 of 3 THE CITY COMMMISSION MEETING OF BOZEMAN, MONTANA MINUTES September 16, 2024 Roll Call: Chair Sarah Rushing, Board Member Kristin Taylor, Board Member Mark Bond Staff Present at the Dias: City Attorney (CA) Greg Sullivan, Deputy City Clerk (DCC) Alex Newby A) 00:16:42 Call meeting to order B) 00:17:50 Disclosures C) 00:18:07 Changes to the Agenda D) 00:18:16 Public Service Announcements E) 00:18:48 Approval of Minutes E.1 Approve the minutes from June 6, 2024 06-06-24 Board of Ethics Minutes.docx F) 00:19:24 Action Items Board Chair Sarah Rushing introduced Action Items. F.1 Review the City's Annual Staff Ethics Training Curriculum 2024 Staff Ethics Scenarios-Citations.final.docx 00:19:57 Staff Presentation City Clerk Mike Maas presented the Review of the City's Annual Staff Ethics Training Curriculum. Introduction. Role of Trainers, Group Discussion if Scenario, New ways of providing feedback/scenarios. Explanation of how scenarios will be used. 00:22:45 Questions of Staff 00:29:48 Public Comment 6 Bozeman Board of Ethics Meeting Minutes, September 16, 2024 Page 2 of 3 There was no public comment 00:32:10 Motion to approve the City's annual staff ethics training curriculum in accordance with the City's Charter. Mark Bond: Motion Kristin Taylor: 2nd 00:32:22 Vote on the Motion to approve the City's annual staff ethics training curriculum in accordance with the City's Charter. The Motion carried 3 - 0. Approve: Sara Rushing Kristin Taylor Mark Bond Disapprove: None F.2 00:32:32 Review the City's Annual Boards' Ethics Training Curriculum 2024 board scenarios with citations.docx 00:32:40 Staff Presentation City Clerk Mike Maas presented the Review of the City's Annual Boards' Ethics Training Curriculum. Challenges with this training. Majority of big five boards have had training. This training will be scheduled during regular meeting times. Questions of Staff 00:37:22 Public Comment There was no public comment F.3 00:38:51 Revise the Bozeman Code of Ethics Board of Ethics Prop. Rev. Complaint Process.pdf 00:42:00 Staff Presentation Assistant City Attorney Jennifer Giuttari presented the Revision of the Bozeman Code of Ethics. Overview, Purpose of Work Session, Sec. 2.03.610 - Who May Request Board Action, Sec. 2.03.630(A) - City Attorney Opinions, Sec. 2.03.630* - City Attorney Ethics Opinions Proposed Revisions, Requests from the Public, Requests from Public Officials and Employees, Sec. 2.03.640 - Ethics Complaints, PROPOSED Board of Ethics Complaint Process (Flow Chart), and the Next Steps. 00:49:42 Questions of Staff 01:00:42 Staff Presentation continued 7 Bozeman Board of Ethics Meeting Minutes, September 16, 2024 Page 3 of 3 01:16:00 Further questions of staff 01:44:26 Public Comment There was no Public Comment G) 01:45:09 Public Comments on Non-agenda Items Falling within the Purview and Jurisdiction of the Board There was no Public Comment H) 01:46:40 FYI/Discussion Thank you to Kristin Taylor for serving on the Board of Ethics I) 01:48:14 Adjournment 8 Bozeman Board of Ethics Meeting Minutes, December 9, 2024 Page 1 of 3 THE CITY COMMMISSION MEETING OF BOZEMAN, MONTANA MINUTES December 9, 2024 A) 00:08:42 Call meeting to order Present: Sara Rushing, Mark Bond, Jim Drummond Absent: None Excused: None B) 00:10:07 Disclosures C) 00:10:16 Changes to the Agenda D) 00:10:25 Action Items D.1 00:10:26 Review of and Recommendation to the City Commission Regarding Proposed Ordinance Amending Ethics Opinions and Complaint Procedures, and Adoption of Board of Ethics Resolution 2024-01 Establishing Hearing Rules of Procedures Ex. A. Ethics Code Revisions Ord.pdf Ex. B. BOE Complaint Process flowchart.pdf Ex. C. BOE Resolution 2024-01-Appx A final.pdf 00:11:52 Staff Presentation Assistant City Attorney (ACA) Jen Giuttari presented the sections of recommended changes in a proposed ordinance. 00:20:50 Questions of Staff 00:21:33 Presentation continued ACA Giuttari presented the rules of procedure proposed by Board of Ethics Resolution 2024-01. 00:30:59 Questions of Staff 9 Bozeman Board of Ethics Meeting Minutes, December 9, 2024 Page 2 of 3 00:32:54 ACA Giuttari concluded her presentation and provided the next steps. CA Sullivan provided additional clarity on the unresolved issues portion of the Staff memo. 00:34:30 Questions of Staff 00:44:53 Public Comment There were no public comments on this item. 00:45:35 Motion to approve Having reviewed and considered the draft ordinance amending ethics opinions and complaint procedures, I hereby move to recommend the City Commission approve said draft ordinance. Sara Rushing: Motion Mark Bond: 2nd 00:45:49 Discussion 00:49:00 Vote on the Motion to approve Having reviewed and considered the draft ordinance amending ethics opinions and complaint procedures, I hereby move to recommend the City Commission approve said draft ordinance. The Motion carried 3 - 0. Approve: Sara Rushing Mark Bond Jim Drummond Disapprove: None 00:50:26 Public comment 00:49:21 Motion to approve Having reviewed and considered Resolution 2024-01 which establishes Board of Ethics Hearing Rules of Procedure, I move to approve Board Resolution 2024-01. Sara Rushing: Motion Jim Drummond: 2nd 00:50:56 Discussion 00:51:06 Vote on the Motion to approve Having reviewed and considered Resolution 2024-01 which establishes Board of Ethics Hearing Rules of Procedure, I move to approve Board Resolution 2024-01. The Motion carried 3 - 0. 10 Bozeman Board of Ethics Meeting Minutes, December 9, 2024 Page 3 of 3 Approve: Sara Rushing Mark Bond Jim Drummond Disapprove: None E) 00:51:20 Public Comments on Non-agenda Items Falling within the Purview and Jurisdiction of the Board F) 00:51:55 FYI/Discussion G) 01:02:45 Adjournment This board meets as needed. 11 Memorandum REPORT TO:Board of Ethics FROM:Greg Sullivan, City Attorney Jennifer Giuttari, Assistant City Attorney SUBJECT:Review the City's Annual Staff Ethics Training Curriculum (2025) MEETING DATE:October 14, 2025 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:7.1 Values-Driven Culture: Promote a values-driven organizational culture that reinforces ethical behavior, exercises transparency and maintains the community's trust. BACKGROUND:The City's Charter requires an annual ethics training of all city employees regarding the state and city ethics codes. The 2025 staff ethics training will take place from from October 20 - 30, 2025. Prior to the training, the Board of Ethics must approve the ethics curriculum. This year's training will be conducted in small groups. Each group will be given one to two scenarios to discuss. This is the same format as last year, and it was observed that the small group method allowed for a more detailed discussion of the scenarios. Prior to concluding the hour long training, each small group will be asked to summarize to the entire group their scenario and discussion. UNRESOLVED ISSUES:None identified. ALTERNATIVES:None suggested. FISCAL EFFECTS:None Attachments: 2025 Staff Ethics Training Curriculum.pdf Report compiled on: October 8, 2025 12 Greg Sullivan, City Attorney Bekki McLean, Chief Prosecutor Anna Saverud, Chief Civil Attorney Bjorn Boyer, Assistant City Attorney Ashley Carroll, Assistant City Attorney Kaity Cuellar, Assistant City Attorney Jennifer Giuttari, Assistant City Attorney Sarah Kiser, Assistant City Attorney Erin Murphy, Assistant City Attorney Kelley Rischke, Assistant City Attorney TDD: 406-582-2301 THE MOST LIVABLE PLACE A 121 NORTH ROUSE AVENUE F P.O. BOX 1230 BOZEMAN, MT 59771-1230 P 406-582-2309 F 406-582-2302 WWW.BOZEMAN.NET TO: Bozeman Board of Ethics FROM: Greg Sullivan, City Attorney Jennifer Giuttari, Assistant City Attorney DATE: October 8, 2025 RE: 2025 Staff Ethics Training Curriculum Scenario 1: A City employee is tired of dating sites. One day, an applicant comes into the employee’s department to drop off information for a City project. The information was labeled for one of the employee’s colleagues. The employee was immediately interested in the applicant, but had no idea who the applicant was. Curious, they looked over the information packet and got the applicant’s name, date of birth, and work information. They then went online to find more personal information about the applicant. What are the ethical considerations? • Citations: 1. Sec. 2.03.490. Standards of conduct. A. Officials and employees shall conduct themselves with propriety, discharge their duties impartially and fairly, and make continuing efforts toward attaining and maintaining high standards of conduct. B. No official or employee shall improperly use, directly or indirectly, the official or employee's city position to secure any financial interest or personal interest for said official employee, or others. ➢ "Personal interest" means any interest in the matter which would affect the action of the official or employee other than a financial interest, and other than an interest because of membership in, or affiliation with, but not employment by a social, fraternal, charitable, service, educational, religious, governmental, health service, philanthropic, cultural, or similar nonprofit institution or organization. 2. Montana Code Annotated § 2-2-103. Public trust -- public duty. (1) 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. A judicial officer, public officer, judge, legislator, or public employee shall carry out the individual's duties for the benefit of the people of the state. 13 2025 Staff Ethics Curriculum 2 of 11 3. Sec. 2.03.530. Confidential information. A. No official or employee shall, without legal authority, disclose confidential information concerning the personnel, property, government, or affairs of the city. B. No official or employee shall use confidential information to advance such official or employee's own financial or personal interest or the financial or personal interests of any other person. ➢ Sec. 2.03.470. Definitions. “Confidential information" means any information which is not available to the general public and which is obtained only by reason of an official's or employee's position. 4. Sec. 2.03.510. Treatment of the public. City officials and employees represent the city government to the public. In their contact with the public, officials and employees must bear in mind their role as public servants. Each member of the public shall be treated courteously, impartially, and fairly. All employees and officials shall, in the exercise of their official duties, refrain from taking any action, making of any statement, or authoring any document that is intended to harass, intimidate, or retaliate against any member of the public. 5. Admin. Order 2020-04 – Internet & Cell phone usage policy. A. Sec. 5.1: …limited personal use of City’s network that does not interfere with City work is authorized. However, all users agree they have no expectation of privacy in the contents or search histories of such internet use. B. Sec. 6.4 – Personal Use: Employees who are assigned to carry a city-provided phone or data device may use the device for limited personal use. When an employee or official uses a cell phone for personal use the employee or official specifically recognizes any privacy interests in the contents, the sender, or the recipients of any data transferred via the device is greatly reduced. This includes text messages or other messaging. Employees wishing to maintain complete privacy in their personal communications must use a personal device for those communications. C. Sec. 8.1: Allegations of misuse must be promptly reported to supervisor, and supervisor must report the allegation to the IT Director. • Follow-up discussion questions: 1. What if the employee used their work phone versus their personal phone to document the information? 2. The application process – including the application itself & at what stage an application is in – is public information. So, when does confidentiality become an issue? Can an employee release PII of an applicant? 14 2025 Staff Ethics Curriculum 3 of 11 Scenario 2: It is a beautiful fall day, and a Parks and Rec employee wakes up to see leaves all over their neighborhood’s road. The employee remembers that there are leaf blowers in one of the City buildings they have access to. They realize they can use a city leaf blower to help their elderly neighbors by cleaning up the street. Knowing the Parks and Rec crew will be gone after 4 pm, the employee confidently borrows a leaf blower. In appreciation, a neighbor gives them a home baked pie. What are the ethical considerations? • Citations: 1. Sec. 2.03.500 Use of City Resources. No official or employee shall use, or permit the use of, city-owned vehicles, equipment, material, or city personnel for personal use of the employee or official or anyone else or to be used in any manner prohibited by state statutes or city ordinance. 2. Sec. 2.03.490. Standards of conduct. (D) Standards of conduct. No official or employee shall improperly use, directly or indirectly, the official or employee's city position to secure any financial interest or personal interest for said official, employee, or others. A. "Personal interest" means any interest in the matter which would affect the action of the official or employee other than a financial interest, and other than an interest because of membership in, or affiliation with, but not employment by a social, fraternal, charitable, service, educational, religious, governmental, health service, philanthropic, cultural, or similar nonprofit institution or organization. B. Sec. 2.03.540. Gifts, gratuities, and favors. A. Legislative intent. “… this section ensures city employees are not influenced in the performance of their work by outside persons or entities in a manner that entices the employee or public officers to shift their commitment and dedication away from public service to their own personal interests or the interests of an outside entity or person.” B. No official or employee shall accept a gift, gratuity, or favor from any person or entity: 1. That would tend improperly to influence a reasonable person in the person's position to depart from the faithful and impartial discharge of the person's public duties; 2. That the person knows or that a reasonable person in that position should know under the circumstances is primarily for the purpose of rewarding the person for official action taken; or 3. Has a value of $100.00 or more for an individual. C. An employee or official may accept a gift, gratuity, or favor that has a value greater than $25.00 but less than $100.00 for an individual only if such gift, gratuity or favor: 15 2025 Staff Ethics Curriculum 4 of 11 1. Complies with 2.03.540.B.1 and 2; and 2. Is provided incidental to and in conjunction with a public event where the official or employee's attendance is in fulfillment of their official duties. D. 1. An employee or official may accept a gift, gratuity, or favor that has a value greater than $25.00 but less than $100.00 for an individual only if such gift, gratuity or favor that complies with 2.03.540.B.1 and 2 and is provided incidental to and in conjunction with a public event where the official or employee's attendance is in fulfillment of their official duties. 2. An employee or official may accept payment or reimbursement from a person or entity for necessary expenses such as travel, lodging, meals, and registration fees in excess of $100.00 if the expense is incurred while representing the city and the reimbursement would not violate 2.03.540.B.1 and 2. Reimbursement or payment for educational activities in excess of $100.00 is permissible if the payment or reimbursement does not place or appear to place the official or employee under obligation, clearly serves the public good, and is not lavish or extravagant. • Follow-up discussion questions: 1. Does it matter that it is a City street that will be cleaned on the City’s street cleaning schedule? 16 2025 Staff Ethics Curriculum 5 of 11 Scenario 3: A City Employee is a music lover. Their favorite band, the Flaming Squirrels, is playing Music on Main this Thursday. This year the City is one of the sponsors of this event. The employee goes directly to Music on Main from work wearing a City branded shirt. Knowing they have a safe server certificate, the employee’s friend enlists them to serve beer because they are short staffed. A citizen that the employee has had problems with at work is in line at the beer garden. This citizen has filed complaints about the employee with the employee’s supervisor and has also submitted public comments to the Commission questioning employee’s motivation and ethics during their interactions. When it is the citizen’s turn in line, the employee refuses to serve them. What are the ethical considerations? • Citations: 1. Sec. 2.03.490. Standards of conduct. A. Officials and employees have an obligation to act morally and honestly in discharging their responsibilities. B. Officials and employees shall conduct themselves with propriety, discharge their duties impartially and fairly, and make continuing efforts toward attaining and maintaining high standards of conduct. C. No official or employee shall retaliate against any employee, official, or member of the public regarding an allegation of improper governmental action because that employee, official, or member of the public proceeded or is proceeding in good faith under this division including acting under section 2.03.580.D. 2. Sec. 2.03.510. Treatment of the public. City officials and employees represent the city government to the public. In their contact with the public, officials and employees must bear in mind their role as public servants. Each member of the public shall be treated courteously, impartially, and fairly. All employees and officials shall, in the exercise of their official duties, refrain from taking any action, making of any statement, or authoring any document that is intended to- harass, intimidate, or retaliate against any member of the public. 3. HR Policy on Outside Employment. Employees must complete an Outside Employment Request form, which is available on the intranet. The request must be approved by the employee’s supervisor, the dept. director, the Human Resources Director, and the City Manager. • Follow-up discussion questions: 1. What if the employee forgot they were wearing logo wear and it was a sincere mistake? 2. What if they are not wearing logo wear, but still refuse to serve the citizen? 3. What if they don’t clock out before attending? Is there a difference with being on the clock? 4. If paid, and still on the clock, are they “double-dipping?” If so, what’s the issue? What if they took PTO to work at the beer garden? 17 2025 Staff Ethics Curriculum 6 of 11 5. What if they are being paid to serve in the beer garden or accepting tips? Does this count as secondary employment? 18 2025 Staff Ethics Curriculum 7 of 11 Scenario 4: Taylor Swift announces a surprise intimate show at a small, local venue. The City’s HR Director and a longtime fan is thrilled to snag a ticket. When the night arrives, the HR Director shows up, hoping for a spot near the stage. To their frustration, the line is already extended several blocks down the street. Word spread quickly that the venue’s ticketing system over sold the show and that many people with tickets will be turned away at the door. Worried they might not get in, the HR Director heads straight to the front to speak with a staff member. The staff person hesitates but then directs them toward the back of the line anyway. The venue’s manager comes out and recognizes the HR Director. Knowing its business license is up for renewal, the manager ushers the HR Director into the show. What are the ethical considerations? • Citations: 1. Sec. 2.03.460. Declaration of policy. (prohibition of public office for private gain) The proper operation of the city government requires that public officials and employees be independent, impartial, accountable, and responsible; that governmental policies and decisions be made in the proper channels of the governmental structure; that public office and employment not be used for personal gain nor be used to harass, intimidate, or retaliate against citizens and other employees and officials; and that the public have confidence in the integrity of its government. 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. Nothing herein shall be construed to relieve any employee or official of the responsibilities set forth in MCA 2-2-104, 2-2-105, 2-2-121, 2- 2-131, and 7-5-4109. 2. Sec. 2.03.540. Gifts, gratuities, and favors. Legislative intent. “… this section ensures city employees are not influenced in the performance of their work by outside persons or entities in a manner that entices the employee or public officers to shift their commitment and dedication away from public service to their own personal interests or the interests of an outside entity or person.” A. No official or employee shall accept a gift, gratuity, or favor from any person or entity: i. That would tend improperly to influence a reasonable person in the person's position to depart from the faithful and impartial discharge of the person's public duties; 19 2025 Staff Ethics Curriculum 8 of 11 ii. That the person knows or that a reasonable person in that position should know under the circumstances is primarily for the purpose of rewarding the person for official action taken; or iii. Has a value of $100.00 or more for an individual. C. An employee or official may accept a gift, gratuity, or favor that has a value greater than $25.00 but less than $100.00 for an individual only if such gift, gratuity or favor: 1. Complies with 2.03.540.B.1 and 2; and 2. Is provided incidental to and in conjunction with a public event where the official or employee's attendance is in fulfillment of their official duties. • Follow-up questions for discussion: 1. Is this a gift if the HR Director already purchased a ticket ~ use to discuss perception since others observing may not know they had purchased a ticket 20 2025 Staff Ethics Curriculum 9 of 11 Scenario 5: A City employee is fed up with a software vendor and has been complaining about it for years. At a conference, a competitor to the current vendor overhears this and offers to take the employee out to dinner to discuss their product offerings and how it could benefit the City. The employee makes no commitment to change vendors, but hears the vendor out. After returning from the conference, the employee receives a couple copper mugs and some specialty spirits from the vendor’s hometown, and tells their supervisor what a great alternative the competitor would be. What are the ethical considerations? • Citations: 1. Sec. 2.03.520. Conflict of interest. No official or employee shall take or influence official action if the official or employee has a financial or personal interest in a transaction or matter with the city. 2. Sec. 2.03.490. Standards of conduct. Officials and employees shall conduct themselves with propriety, discharge their duties impartially and fairly, and make continuing efforts toward attaining and maintaining high standards of conduct. 3. Sec. 2.03.540. Gifts, gratuities, and favors. Legislative intent. “… this section ensures city employees are not influenced in the performance of their work by outside persons or entities in a manner that entices the employee or public officers to shift their commitment and dedication away from public service to their own personal interests or the interests of an outside entity or person.” A. No official or employee shall accept a gift, gratuity, or favor from any person or entity: i. That would tend improperly to influence a reasonable person in the person's position to depart from the faithful and impartial discharge of the person's public duties; ii. That the person knows or that a reasonable person in that position should know under the circumstances is primarily for the purpose of rewarding the person for official action taken; or iii. Has a value of $100.00 or more for an individual. B. An employee or official may accept a gift, gratuity, or favor that has a value greater than $25.00 but less than $100.00 for an individual only if such gift, gratuity or favor: i. Complies with 2.03.540.B.1 and 2; and 21 2025 Staff Ethics Curriculum 10 of 11 ii. Is provided incidental to and in conjunction with a public event where the official or employee's attendance is in fulfillment of their official duties. • Follow-up questions for discussion: 1. Would there still be an ethical consideration, and if so what, if the employee had separate meetings with all of the vendor’s competitors and not just one competitor? 2. What would be some appropriate responses for the employee after receiving the gift? 3. Follow-up: Would it be ok to accept if the employee filled out a gift disclosure form? ➢ Disclosures statements are public record. ➢ Disclosure statements must be filed for items that have a value greater than $25.00 but less than $100.00 for an individual only if such gift, gratuity or favor: i. Is not for the purpose of tending to improperly to influence a reasonable person in the person's position to depart from the faithful and impartial discharge of the person's public duties, or that the person knows or that a reasonable person in that position should know under the circumstances is primarily for the purpose of rewarding the person for official action taken; and ii. Is provided incidental to and in conjunction with a public event where the official or employee's attendance is in fulfillment of their official duties. 22 2025 Staff Ethics Curriculum 11 of 11 Scenario 6: A long-time City employee has received numerous complaints over the years about a specific business in town. One day, the employee’s neighbor comes into the office stating they are looking at using the known business and requests the employee’s opinion. The City employee responds that their neighbor should avoid that business. They go on to say that their cousin recently started their own business in the same specialty after spending months living on their couch. The employee has no financial interest in their cousin’s business, so they felt confident in sharing the business as an alternative for their neighbor. What are the ethical considerations? • Citations: 1. Sec. 2.03.510. Treatment of the public. City officials and employees represent the city government to the public. In their contact with the public, officials and employees must bear in mind their role as public servants. Each member of the public shall be treated courteously, impartially, and fairly. All employees and officials shall, in the exercise of their official duties, refrain from taking any action, making of any statement, or authoring any document that is intended to harass, intimidate, or retaliate against any member of the public. 2. Sec. 2.03.520. Conflict of interest. No official or employee shall take or influence official action if the official or employee has a financial or personal interest in a transaction or matter with the city. See also Sec. 2.03.470. Definitions: A. "Financial interest" means any ownership interest, contractual relationship, business relationship, or other interest which will result in a monetary or other material benefit to an official or employee, either tangibly or intangibly, which has a value of more than $15.00, other than the official or employee's duly authorized salary or compensation for the official or employee's services to the city, and which interest is not common to the interest of all other citizens of the city. The following financial interest shall be imputed to be those of an official or an employee of the city: that of a spouse or child of an official or employee; that of any prime contractor or subcontractor of the city, in which the official or employee or any member of the official or employee's immediate family has any direct or indirect interest as the proprietor, by ownership of stock or partnership interest. i. "Immediate family" means spouse and children. • Follow-up questions for discussion: 1. What if employee previously had an ownership interest in the business? (discuss financial conflict of interest) 2. How is this, or is this not, “influencing official action” under the conflict of interest provision? 23 Memorandum REPORT TO:Board of Ethics FROM:Mike Maas, City Clerk Jen Giuttari, Assistant City Attorney Greg Sullivan, City Attorney SUBJECT:Review the City's Annual Boards' Ethics Training Curriculum MEETING DATE:October 14, 2025 AGENDA ITEM TYPE:Administration RECOMMENDATION:Consider the Motion: 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 Clerks' Office with assistance from the City Attorney's office, 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 everyone 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: Ethics Scenarios with Answers.docx Report compiled on: October 9, 2025 24 25 1. A member of the Tax Increment Financing Board owns a restaurant in a district and is very invested in improving the district for both their business and Bozeman in general. They are diligent about filling out their Financial Disclosure Form each year and notes the business and property interests on the form. A developer recently brought before the board a proposal for a hotel in the adjacent unused lot. The board member very excited about the hotel, as they had some conversations with the owners and expects the two to share some parking facilities. The hotel will bring in customers for them. They don’t mention this at the Board meeting because there is no direct business interest in the project, and since their form is on file staff can bring it up if they think it’s a conflict. The board member enthusiastically approves the hotel. What are the ethical considerations? Main Issues:  Financial Interests and Disclosure – The board member should disclose their interests in the project on the record (at the meeting). Section 6 of the City Code of Ethics states that officials must discharge their duties impartially and fairly, and they certainly have financial interests and have even made efforts to discuss such, so they are not acting impartially. Pursuant to BMC 2.03.520, officials are not to use their position to secure any financial interest or personal interest. They should disclose their interests and recuse themself from the vote. Many boards require members with knowledge and investment in certain areas, so conflicts are expected and should not be assumed uncommon. This is managed through thoughtful disclosures and recusals when appropriate.  Financial Disclosure Form – While the Financial Disclosure Form is a public record, staff members typically do not have direct access to these documents and will not necessarily know of potential conflicts of board members. It is the responsibility of the board member to recognize and disclose any potential conflicts on the record. Financial Disclosure Forms are not required for all boards, so if a board has this requirement pursuant to BMC 2.03.550, it has been determined board members are major financial decision makers and need to take this requirement seriously. 2. An active member of the Urban Parks and Forestry Board and vehemently opposes a proposed change to the Tree Maintenance District. The subject has been discussed at the board a number of times, and while a few members agree with them, the majority of the board supports the changes to the district. The board member feels like their voice isn’t being heard, so they submit a public comment to the City Commission, and writes a letter to the Chronicle expressing their concerns about the district, acknowledging the experience with the project given their membership on the UPF Board. They make sure to include “on behalf of UPF” in the letters to reinforce their legitimate opinion and so that others will take their opinion seriously. What are the ethical considerations? Main Issues:  Representation as an Individual – BMC 2.03.470.A.9 classifies board members as “officials” as they are appointed by the City Commission. Board members are appointed by the City Commission to advise the City Commission. All City officials must act within the course and scope of their position and must act on behalf of the municipality. City Commission liaisons sit on almost every board and hear conflicting viewpoints during meetings. Voicing their 26 concerns to the board and City Commission is appropriate, but the member goes further by writing to the Chronicle, as they are no longer acting on behalf of the municipality but instead on their own interests. They can absolutely do this as a private citizen, but using their position as advocacy of their own interests is not appropriate.  Representation as the Board – Board members (and all officials and staff for that matter) have free speech rights and can express opinions as private citizens. However, individual members cannot write “on behalf of UPF” on any of their communications unless said communications were expressly approved by the board at a public meeting. They do not speak on behalf of the board unless given that permission, and should not represent themself as such. Resolution 5323 – “one body, one voice” 3. The Chair of the Downtown Urban Renewal Board handles setting the agendas. They also own a hotel in the district. Recently the agendas have been pretty full of new activity in the district, so they want to prioritize retail and food service projects as they view that as a gap to fill with new development. A proposed hotel has asked the board to be considered for financial in incentives. The Chair knows that this level of request needs to be approved by the DURD and does not go before the City Commission but doesn’t want to put it on an agenda as their hotel is covering the needs of the district at the moment. They didn’t get any incentives when building their hotel, so if they are in a time crunch they can proceed without the incentives. The Chair informed the applicant the board is focusing on other priorities and that the request will not be considered at this time. What are the ethical considerations? Main Issues:  Misuse of Position – Pursuant to MCA 2-2-105.5, a public official may not perform an official act directly and substantially affecting a business or other undertaking to its economic detriment when the official or employee has a substantial personal interest in a competing firm or undertaking. While the chair has the authority to set the agenda, they have already made the call that the new hotel doesn’t need the incentives at this time, which they then use to justify keeping the item off the agenda. They may even be retaliating against the new applicant if the Chair views it unfair that this person could get incentives they didn’t. The definition of “improper governmental action” in BMC 2.03.470.8 includes action taken by an official that is intended to retaliate against a member of the public. If the new applicant chooses to come back later when he can get the incentives, the actions of the Chair have directly resulting in delaying a project, which will lead to less competition for them. The Chair needs to act on behalf of the City in this decision.  Financial Interest – Pursuant to BMC 2.03.470.6, “financial interest” does not need to be tangible. Regardless of whether the Chair is intentionally creating a barrier for the new hotel, if the hotel is delayed due to their actions, they stand to keep business that the new hotel may have taken away. They need to be aware of this level of financial interest, and even if motivations are in the right place, the perception of a conflict may still exist. They need to take this into account in their decision making when setting the agenda. 27 4. A member of the Community Development Board also works for a local non-profit that helps to coordinate placement of low-income individuals in affordable housing. They are happy that their involvement on the board can help facilitate a community need their job also addresses. Since they are an expert in the area, they make sure that developers coming before the CDB are fully aware of the different resources in the community and gets frustrated when someone asks for an incentive when they haven’t gone through all the steps to minimize development costs. They vote no on these projects since there are so many local organizations that could also benefit from a developer utilizing their resources and only votes yes on projects that maximize these resources. What are the ethical considerations? Main Issues:  Financial Interest – Again, pursuant to BMC 2.03.470.6, “financial interest” does not need to be tangible. While the board member may have good intentions, they are using their position to build up business for local non-profits, which benefits their directly in job security and community relationships. This is just not the role of a board member, who as a city official needs to put on a different hat to advise the City Commission and act on behalf of the municipality.  Impartiality – Section 6 of the Ethics Handbook states that officials must “discharge their duties impartially and fairly.” As a decision-maker all board members must consider the information before them with each application, and not apply standards not expressly given to her by law. 5. The Transportation Board is working to coordinate an expansion to the downtown parking garage. This week the Board is considering the construction contract for the garage, which includes as a sub- contractor an architecture firm for which a member of the board’s daughter works. The member wasn’t sure if approving the contract would show favoritism to a relative, so they emailed the Chair of the Board to let them know of the relationship. The chair thanked the member for letting them know. When the Board got to the item the member did not disclose the conflict since they already did; since the relation was once-removed from the contract before them, they voted to approve the contract. What are the ethical considerations? Main Issues:  Disclosure – Pursuant to BMC 2.03.520.D.1, disclosure must be on the record. It is a board member’s responsibility to disclose the conflict at the public meeting. Knowing of the conflict, the chair should also bring it up since the member failed to do so.  Nepotism – MCA 2-2-201 states officials are not to have interest in contracts if they are directly involved, defined as a person who directly monitors, extends, amends, audits, or is responsible for procurement of the contract, of which the member certainly is. Whether their daughter is a sub-contractor is irrelevant as she may directly stand to benefit from this contract if approved. If a member knows their relation will or may work on this project they should disclose that and recuse themself from the vote. If the board member knows their 28 daughter will NOT work on that project, they should still disclose that information prior to the vote to avoid any misperceptions of favoritism later down the road. SUMMARY: These are complicated scenarios, and there can be fine lines between disclosing vs. recusing, speaking as an individual vs. board member, etc. There may also be more nuanced ethical issues with any of these scenarios, so only the main ones are highlighted. But these situations come up frequently, so please never hesitate to contact the City Attorney’s office for assistance prior to any decision-making. 29 Memorandum REPORT TO:Board of Ethics SUBJECT:Review and Discuss the Board of Ethics Workplan and Schedule Future Meetings MEETING DATE:October 14, 2025 AGENDA ITEM TYPE:Citizen Advisory Board/Commission RECOMMENDATION:Review and Discuss the Board of Ethics Workplan and Schedule Future Meetings 30