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HomeMy WebLinkAboutEthics Handbook version 5 May 2025 Ethics Handbook 5th edition Approved by the Board of Ethics on February 26, 2025 Approved by the City Commission on May 13, 2025 Page | 2 By: Bozeman City Commission Bozeman Board of Ethics Bozeman City Attorney’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 Page | 3 This Ethics Handbook is produced by the Bozeman Board of Ethics to educate citizens and train employees and public officials in ethical best practices and legal requirements. In addition, this Handbook details specific ethical requirements and provides guidance on obtaining information and filing ethics complaints. The City Code of Ethics required by Section 7.01 of the Bozeman Charter and is codified in Chapter 2 Article 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 initiative, lead by example, and be open to innovative ideas. Service Work unselfishly for our community and its citizens. Teamwork Respect others, welcome citizen 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. 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 Written For? ................................................... 6 4. What is the Board of Ethics and What are its Responsibilities? .............. 6 5. Why are Employees and Officials Required to take an Annual Ethics Training? ............................................................................................. 7 6. What are the Standards of Conduct? ................................................. 8 7. Can Employees or Officials Use City Resources for Personal Gain? ......... 8 8. What if an Employee or Official has a Conflict of Interest? .................... 9 9. Can Employees or Officials Disclose Confidential Information? .............. 9 10. Can Employees or Officials Accept Gifts? ....................................... 10 11. Do Employees or Officials Have to File Financial Disclosure Statements? ...................................................................................... 15 12. What Are the Post-Employment Policies for Employees or Officials? .. 15 13. Are there Restrictions on Ex Parte Communications? ....................... 16 14. What is the City Whistle Blower Policy? ......................................... 17 15. What State Laws Apply to Ethics in Local Government? ................... 18 16. What are the Penalties for Violating the Code of Ethics? .................. 20 17. Are there Additional Resources on Ethics in Local Government? ........ 20 18. What is the Process to Seek Advice About the City Code of Ethics? ... 22 19. How Can an Ethics Complaint be Filed? ......................................... 22 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 differentiates between good and bad, and between right and wrong. In practice, ethics guide individuals in identifying the correct course of action in how decisions are made. For Bozeman, the role of ethics is significant for maintaining public trust and ensuring fairness. A goal of the 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. Additionally, an ethics code, as is the case for Bozeman, is designed to guarantee that procedural requirements are followed so all government actions are not only fair, but also appear fair. 2. Why Have an Ethics Handbook? This Handbook was created as a result of the citizen established Bozeman City Charter (effective Jan. 1, 2008), and through ordinances adopted by the City Commission to establish the Code of Ethics. Section 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 matters such as conflict of interest, accepting gifts, use of confidential information, and public disclosure. The Charter also requires the City to establish a Board of Ethics. Among the many responsibilities 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 supportive of the Charter and the Code of Ethics. The City Commission Resolution 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,” (Resolution No. 3832). In addition to the City Code of Ethics, Article XIII, Part XII, Section 4 of the Montana Constitution requires the Montana Legislature to adopt a code of Page | 6 ethics prohibiting conduct between public duty and private interest and which applies to local government officials and employees. The Legislature has done so in adopting 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 information about the State Code of Ethics is detailed in Section 14 of this Handbook. 3. Who Is This Handbook Written For? This Handbook is written for all persons interested in the operation of Bozeman City government including Bozeman citizens, City employees, and elected and appointed City officials. This Handbook addresses legal requirements and best practices for the ethical conduct of City employees and officials as they undertake their public duties. For specific ethics questions, City employees and officials should contact their immediate supervisor or department director, the Human Resources Department, or the City Attorney. 4. What is the Board of Ethics and What are its Responsibilities? 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). Page | 7 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 Section 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 education programs to help employees and officials understand the State and City ethics codes and their ethical responsibilities. The long- term goal of the Board is to continually evolve the ethics training program so participants can expand their understanding year after year. The curriculum for the training varies each year and is generally based in discussion regarding real and fictious 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 action, up to and including termination. There are also consequences if appointed and elected officials, including board and committee members, fail to attend the required annual ethics training. In September of 2012, with the City Commission’s adoption 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 attend the training. In addition, the City Charter at Section 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. Page | 8 Additional ethics resources in addition to the annual training are available to City employees and officials and can be obtained via the City’s ethics website or by contacting the City Clerk’s office (see Section 19 of this Handbook for details on contacting the Clerk’s office and Section 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 duties. This section of the City Code of Ethics states, among other rules, that officials and employees must: • Act morally and honestly in discharging their responsibilities; • Discharge their duties impartially and fairly; • Devote necessary time and effort to the successful functioning of their agency; and • Not use their position to secure any financial interest or personal interest, improperly influence any other official or employee in the performance of official duties, or act in a private capacity on matters they are directly responsible for (2.03.490, BMC). Standards of conduct are necessarily broad as they are general principles for behavior. Application of these principles to every day circumstances is the duty of each employee and 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 confidential information. The temptation 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 permitted the use of City-owned vehicles, equipment, material, or the use of other City resources for personal use. In addition, 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 related policies and procedures that are available to Page | 9 all City employees and public officials, including a specific vehicle use policy (see Administrative Order 2007-03), and an IT use policy (see Administrative 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 employees and officials while others provide specific direction. The conflict of interest section provides both specific rules required of an employee or official when confronted with a potential conflict, and general principles which can provide guidance if a situation 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 action if they have a financial or personal interest in any transaction or matter with the City without full public disclosure (further detailed in Section 11 of this handbook). (2.03.520.C, BMC). A financial interest is defined as any interest (such as ownership, a contractual relationship, or a business relationship), which will result in a monetary or other material benefit that has a value of more than fifteen dollars, other than an employee’s or official’s salary or compensation. (2.03.470.A.6, BMC). A personal interest is any interest that would affect the action of the individual other than a financial interest. (2.03.470.A.10, BMC). Clearly, it is better to avoid conflicts of interest than determine how to manage one after 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 direction, the employee or official should speak with their supervisor, the Human Resources Department, or the City Attorney (see Section 17 of this handbook). 9. Can Employees or Officials Disclose Confidential Information? Article II, Section 10 of the Montana Constitution provides an express right to privacy: “The right of individual privacy is essential to the well-being of a free society and shall not be infringed without the showing of a compelling state interest.” Confidential information held by the City is broader than information private to an individual. Page | 10 Considering this constitutional right, and while balancing open government laws in Montana, the protection of confidential information is a public duty. To fulfill this obligation, City officials or employees are not, without legal authority, permitted to disclose confidential information concerning personnel, property, government, or affairs of the City. (2.03.530.A, BMC). Confidential information is defined as any information which is not available to the general public and which is obtained only by reason of an individual’s position with the City. (2.03.470.A.3, BMC). City officials and employees are also not permitted to use confidential information 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 information is confidential. If so, employees and officials are under obligation to protect those confidences. If an employee or official is uncertain whether information is confidential, the employee or official must contact their supervisor, the Human Resources Department, or the City Attorney. 10. Can Employees or Officials Accept Gifts? The purpose of an ethics provision on the acceptance of gifts is to ensure that public office is not used for private gain or to influence or reward a person for taking official action. There are times, however, when the acceptance of gifts, gratuities, or favors are in the public interest, such as when the acceptance of a gift assists in establishing effective relationships between the City and the public, acceptance of awards for public service, and attending 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 gift provision in the City Code of Ethics. This was done because, in limited circumstances, there are legitimate governmental interests that allow an employee or official to accept a gift without such acceptance being considered the use of public office for private gain or to influence or reward. (2.03.540, BMC). In addition, in 2021, the City Commission adopted Ordinance 2092 recognizing certain items provided an employee or official because of their position as employees or officials do not constitute gifts. These include benefits provided by the City as an employer, discounts on good or services provided by a labor union or professional organization, and certain educational scholarships. (2.03.540.F.5-8, BMC). Page | 11 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; Page | 12 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. Page | 13 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? Page | 14 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. 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. Page | 15 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? Section 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 matters…”. 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 of individuals subject to the disclosure requirements are notified. (2.03.550.A.1, BMC). The City Clerk manages all the submitted disclosures. In addition, 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 relationship 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 actions 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 considerations, City employees and officials are subject to specific rules that apply to post-employment activities. 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 negotiate with any decision maker regarding a transaction or matter which was under the public servant’s direct Page | 16 responsibility or which the former public servant participated personally and substantially; without filing a public notice. (2.03.560.A.1, BMC). Public noticing requirements can be found in 2.03.570, BMC. In addition, during the first 12 months after separation from the City, no former official or employee may, without filing a proper disclosure, represent, act or appear on behalf of an individual or entity other than the City in connection with any transaction or matter which was under the former public servant’s direct responsibility or which the former public servant participated personally and substantially as a public servant. (2.03.560.A.2, BMC). Public noticing 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 addition, City employees and officials may not use their former City title following separation from employment with the City unless the former public servant indicates the employment with the City was prior to the current employment. (2.03.560.B, BMC). 13. Are there Restrictions on Ex Parte Communications? Favoritism and bias in decision-making has the potential to negatively 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 communications are defined as private, one-sided communication 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 communications for employees and officials, these individuals must comply with established principles regarding Page | 17 such communications, particularly for those individuals acting in a quasi- judicial capacity. The first principle regarding ex parte communication is to avoid it. If, however, an individual feels that they are involved in an ex parte communication that may negatively impact their ability to perform official duties, the individual must disclose the communication on the record, recuse themselves from participating in the discussion and action on the subject, and step away from their official seat on the board or committee. If the communication does not affect an official’s ability to impartially perform their duties, the official must still disclose the existence of the ex parte communication 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 communication. Employees and officials should seek the advice of the City Attorney for general information on ex parte communication and when such communications occur. 14. What is the City Whistle Blower Policy? Transparent and fair practices 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 actively report violations. 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 “reporting of improper governmental action.” As such, the City has established Code of Ethics provisions that define and provide a procedure for reporting improper governmental conduct. (2.03.590, BMC). Every official and employee must refrain from improper governmental action. An improper governmental action includes any action taken by an official or employee during the performance of their duties that violates the standards of conduct in the Code of Ethics or Montana state law, or is intended to harass, intimidate, or retaliate against any other employee, official, or any member of the public. This principle is critical: No official or employee shall retaliate against any employee, official, or member of the public regarding an allegation of improper governmental action. (2.03.490.I, BMC). An improper governmental action also includes any action that violates a fiduciary duty to the City or its citizens or creates a danger to the public’s Page | 18 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, information concerning improper governmental action. (2.03.590.B, BMC). The City Code of Ethics further states that “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.” (2.03.510, BMC). It is important to note that “improper governmental action” excludes personnel actions, including but not limited to: employee grievances, complaints, appointments, promotions, transfers, assignments, reassignments, reinstatements, restorations, reemployments, performance evaluations, reductions in pay, dismissals, suspensions, demotions, reprimands, violations of collective bargaining or civil service laws, or alleged violations of agreements with labor organizations under collective bargaining. (2.03.470.A.8.b, BMC). Finally, a properly authorized City program or budgetary expenditure does not become an improper governmental action because a person disagrees with the City’s policy or decision. (2.03.470.A.8.c, BMC). Members of the public who may want to discuss a potential whistle blowing action are encouraged to contact the City Attorney. One last note: reporting 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 addition 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 Constitution of Montana. (2-2-101, MCA). Montana law provides a number of rules of conduct for public officers and employees. (2-2-121, MCA Page | 19 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 positions that overlap for the hours being compensated. Employees and officials should familiarize themselves with other specific provisions and exceptions of State law that are detailed in the Montana Code Annotated. (2-2-104 (3)(a), MCA). Employees and officials must also disclose in writing the nature of any private interest that creates a conflict to the Commissioner of Political Practices at the address below. (2-2- 131, MCA): Montana Commissioner of Political Practices 1205 8th Ave P.O. Box 202401 Helena, MT 59620-2401 https://politicalpractices.mt.gov/ According to State law, a public employee (as defined by 2-2-102(8), MCA) may not within six months following the termination of employment, contract with or be employed by an employer who contracts with the State or any of its subdivisions involving matters with which the former employee was directly involved during employment. This provision does not absolve an employee from complying with the post-employment activities of the City Code of Ethics (see Section 11 of this Handbook). The prohibition on post- employment activity 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 nepotism. Nepotism is defined as the “bestowal of political patronage by reason of relationship 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 position of “trust or emolument” (meaning any office or employment that results in compensation or privilege) within certain degrees of relationship. While State law related to nepotism applies only to these relationships, the appearance of favoritism with regards to friends or acquaintances of employees or officials can also be a hindrance to the public’s trust in Bozeman’s government. Page | 20 State law also addresses the receipt of gifts. The City’s gift provision in the Code of Ethics is more stringent than State law so employees and officials must consult and comply with the City’s gift provision keeping in mind they are also required to comply with the State’s gift provision. (2-2-104(1)(b), MCA). Employees and officials should consult with the City Attorney for additional information on potential conflicts or exceptions to State requirements. 16. What are the Penalties for Violating 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 violation of the City or State Code of Ethics may lead to disciplinary action, up to and including termination, removal from office, or even criminal sanctions. While there are provisions in State code for violations of state law, (2-2-144, MCA), a violation of the City Code of Ethics, in addition to termination or removal from office, could be prosecuted for official misconduct under 45-7-401, MCA. 17. Are there Additional Resources on Ethics in Local Government? The following is a partial list of additional resources for information 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 Page | 21 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 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 Page | 22 18. What is the Process to Seek Advice About the City Code of Ethics? If a City employee or official has a question about a potential ethics issue, depending on the employee’s or official’s position and the nature of the issue, they should consult with their supervisor, the Human Resources Department, or seek the advice of the City Attorney. Any member of the public may also request a City Attorney opinion with respect to potential conflicts of interest of an employee or official. (2.03.630.A, BMC). Contact information is available below. Bozeman City Attorney’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 The public can also ask questions 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). Written 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 Page | 23 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.