Loading...
HomeMy WebLinkAbout24 - Board of Ethics - Resolutions - 2024-01Version April 2020 Resolution 2024-01 Page 1 of 6 RESOLUTION 2024-01 A RESOLUTION OF THE BOARD OF ETHICS OF THE CITY OF BOZEMAN, MONTANA, ESTABLISHING PROCEDURAL RULES FOR ETHICS HEARINGS WHEREAS, Section 4.07 of the Bozeman Charter permits the City Commission to create boards, commissions, or committees as determined necessary and required by statute; and WHEREAS, 2.03.580, BMC, creates a three member board of ethics; and WHEREAS, 2.03.600, BMC, establishes the duties and power of the board; and WHEREAS, the board of ethics’ duties and powers includes “[c]onduct[ing] hearings as needed to hear and decide specific cases in which a violation of [Chapter 2, Article 3, Division 5 of the Bozeman Municipal Code] or a violation of title 2, chapter 2, part 1, of Montana Code Annotated (MCA 2-2-101 et seq.) is alleged, whether such cases arise from a complaint or are brought on the board's own motion;” and WHEREAS, MCA 2-2-144(5)(a) mandates a local government board of ethics to establish procedures and rules for the board; and WHEREAS, in June 2024, the board of ethics established a work plan focusing on five areas: revising the City’s Ethics Handbook, adopting an ordinance on procedural changes for ethics complaints and opinions, conduct a mock trial, perform a substantive review of the Code of Ethics, and meet with board chairs regarding code changes; and WHEREAS, in alignment with its work plan, in September 2024, the board of ethics held a work session to consider what changes to the Code of Ethics are needed; and WHEREAS, adopting Ethics Hearing Rules will increase the efficiency of ethics hearings, provide guidance to the parties and the public, and ensure that hearings are fair, impartial, and objective; and Docusign Envelope ID: 0E9AD610-E0AB-40C3-AC22-D2F05F6DBB61 Version April 2020 Resolution 2024-01 Page 2 of 6 WHEREAS, given the suggested amendments to the Code of Ethics, the board now wishes to establish rules for the conduct of hearings. NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman, Montana, to wit: Section 1. The Board of Ethics adopts Hearing Rules of Procedure, attached as Appendix A. Section 2. The Hearing Rules of Procedure are effective upon adoption by the Board. PASSED, ADOPTED, AND APPROVED by the Board of Ethics of the City of Bozeman, Montana, at a regular session thereof held on the ____th day of _________, 2024. ___________________________________ Sara Rushing Board Chair ATTEST: ___________________________________ MIKE MAAS City Clerk APPROVED AS TO FORM: ___________________________________ GREG SULLIVAN City Attorney Docusign Envelope ID: 0E9AD610-E0AB-40C3-AC22-D2F05F6DBB61 December9th Version April 2020 Resolution 2024-01 Page 3 of 6 APPENDIX A Board of Ethics Hearing Rules of Procedure Section 1. General Provisions. Section 1.01. Purpose. The purpose of the Board of Ethics (“Board”) Hearing Rules of Procedure (“Rules”) is to establish rules of procedure for ethics hearings. The Rules provide a structure for the conduct of ethics hearings to ensure a hearing is fair and objective, simple in process, and eliminates unnecessary delay. Section 1.02. Authority. The Board adopts these Rules pursuant to 2.03.600.A.1, BMC and MCA 2-2-144(5)(a). Section 1.03. Special Procedures. The Board may adopt special procedures for a hearing, pursuant to 2.03.600.A.1, BMC and MCA 2-2-144(5)(a), not inconsistent with these Rules. Section 2. Hearing Panel or Hearing Officer. Section 2.01. Hearing Panel and Hearing Officer. Pursuant to MCA 2-2-144, the Board must preside over an ethics hearing as a three (3) member hearing panel. Unless otherwise decided by a vote of the Board, the Board Chair must be the presiding hearing officer. The Board, in accordance with 2.03.600.B.3, BMC, may appoint a hearing officer. Section 2.02. Duties and Powers. The hearing panel or hearing officer retains all the duties and powers established under Chapter 2, Article 3, Division 5 of the Bozeman Municipal Code, and title 2, chapter 2, part 1, of the Montana Code Annotated. The hearing panel or hearing officer must conduct a fair and impartial hearing and take all action necessary to avoid delay in the proceedings. The provisions of 2.02.120, BMC (decorum), are applicable to Board hearings. In furtherance of these duties, the hearing panel or hearing officer has powers including but not limited to: A. Administering oaths and swearing of witnesses; B. Ruling upon and receiving evidence; C. Overseeing pre-hearing and hearing proceedings, including scheduling and continuing deadlines and hearings; D. Examining witnesses; E. Issuing written factual findings and conclusions; and F. Exercising any power necessary to fulfill its duties as a hearing panel or officer. Section 3. Hearing Rules. Section 3.01. Open Hearing. All ethics hearings are open to the public and subject to open meeting laws. The presiding hearing officer may close the hearing during the time the discussion relates to a matter of individual privacy, and then if and only if the presiding hearing officer Docusign Envelope ID: 0E9AD610-E0AB-40C3-AC22-D2F05F6DBB61 Version April 2020 Resolution 2024-01 Page 4 of 6 determines that the demands of individual privacy clearly exceed the merits of public disclosure. The right of individual privacy may be waived by the individual about whom the discussion pertains, and, in that event, the meeting must remain open. Section 3.02. Notice. The Board must provide the parties timely notice of an ethics hearing. The notice must include the time and place of the ethics hearing. Pursuant to MCA 7-1-4135, the official posting place for ethics hearing notices is on the posting board in the lobby of City Hall located at 121 North Rouse Avenue, Bozeman, Montana. Section 3.03. Recording of Meetings. Pursuant to MCA 2-3-212, all ethics hearings must be recorded. The recordings and hearing minutes must be available to the public. If a hearing is closed pursuant to Sec. 3.01 of these Rules, the recording and minutes from the closed hearing are only publicly available pursuant to a court order. The State of Montana records retention policy applies to all recordings and minutes of ethics hearings. Section 3.04. Conducting the Hearing. All hearings must be conducted in a fair and impartial manner. Legal counsel for the hearing panel or hearing officer must be present at the hearing to advise on procedural matters. Section 3.05. Continuances. A hearing may be continued upon the Board’s own motion, or by the request of either party when the Board determines reasonable cause exists to justify a continuance. The Board retains discretion in deciding to continue and re-scheduling a hearing. If a continuance is granted, unless the hearing has been continued at the scheduled hearing to a date certain, a new notice must be issued pursuant to Sec. 3.02 of these Rules. Section 3.06. Hearing Format. The hearing panel or hearing officer has discretion to establish the hearing format. At a minimum, the ethics hearing must include a total of ten (10) minutes for each party to present both its case and response. The hearing panel or hearing officer must provide the parties with notice of the hearing format. This notice must be provided to the parties no later than ten (10) working days before the scheduled hearing. Section 3.07. Principles of Evidence during an Ethics Hearing. The following principles apply to evidence in a formal ethics hearing: A. Except for the rules governing privilege, the Montana Rules of Evidence do not apply during an ethics hearing. B. Only the complainant, respondent, and the hearing panel or hearing officer are permitted to present evidence. C. Only the complainant, respondent, and the hearing panel or hearing officer are permitted to call and confront witnesses. All witnesses must be sworn in before giving testimony. D. Only the complainant and respondent are permitted to make objections during a hearing. The hearing panel or hearing officer retains full discretion in deciding on the admissibility of evidence. If evidence is admitted, the hearing panel or hearing officer must include it in the official hearing record. Docusign Envelope ID: 0E9AD610-E0AB-40C3-AC22-D2F05F6DBB61 Version April 2020 Resolution 2024-01 Page 5 of 6 E. The hearing panel or hearing officer must only rely on credible and relevant evidence. Physical evidence must be admitted to the hearing record. F. The complainant must prove the allegations in the complaint by clear and convincing evidence. “Clear and convincing” means evidence in which there is no serious or substantial doubt about the correctness of the conclusions drawn from the evidence. It is more than a preponderance of evidence, but less than beyond a reasonable doubt. It may be proved by direct or circumstantial evidence. G. The hearing panel or hearing officer may, at any time during the pre-hearing and hearing procedures, take official notice of relevant laws, regulations, judicially recognizable facts, generally recognized facts of common knowledge to the public and physical, technical, or scientific facts within its specialized knowledge. H. When issuing its written findings and conclusions the hearing panel or hearing officer retains full discretion to accept or reject evidence offered by either party at the ethics hearing. I. To ensure the hearing is fair and impartial, the hearing panel or hearing officer is not permitted to consider public comment when deciding if an ethics violation has occurred under the provisions of Chapter 2, Article 3, Division 5 of the Bozeman Municipal Code, and/or provisions of title 2, chapter 2, part 1 of Montana Code Annotated (MCA 2-2-101 et seq.). Section 3.08. Conduct of the Parties. At an ethics hearing, each party may be: A. Represented by counsel of their own choosing; B. Present evidence in support of or against the allegations; C. Examine all documents and records obtained or prepared by the hearing panel or hearing officer in response to the allegations; D. Call witnesses; E. Confront any witnesses called by the other party or the hearing panel or hearing officer; and F. Notified of any exculpatory evidence the hearing panel or hearing officer obtains. Neither party is permitted to call the other party as part of their presentation of evidence but both parties are permitted to cross-examine should the other party testify. Section 3.09. Ex Parte Communications. Ethics hearings are subject to the rules of Ex parte communications found in 2.03.660, BMC. Section 4. Conclusion of the Ethics Hearing. Section 4.01. At the close of the ethics hearing, no other evidence or testimony is permitted into the record unless authorized by the hearing panel or hearing officer. Section 4.02. At the close of the ethics hearing but before a final decision is issued, the hearing panel or hearing officer may reopen the record to obtain additional information. The additional Docusign Envelope ID: 0E9AD610-E0AB-40C3-AC22-D2F05F6DBB61 Version April 2020 Resolution 2024-01 Page 6 of 6 information may include filing proposed findings of fact with the city clerk for the hearing panel or hearing officer’s review. Section 4.03. The hearing panel or hearing officer must issue its written factual findings and conclusions as soon as possible after closing the record. Docusign Envelope ID: 0E9AD610-E0AB-40C3-AC22-D2F05F6DBB61 Certificate Of Completion Envelope Id: 0E9AD610-E0AB-40C3-AC22-D2F05F6DBB61 Status: Completed Subject: Complete with Docusign: BOE_Resolution_2024-01-Appx_A_final.pdf Source Envelope: Document Pages: 6 Signatures: 3 Envelope Originator: Certificate Pages: 5 Initials: 0 Mike Maas AutoNav: Enabled EnvelopeId Stamping: Enabled Time Zone: (UTC-07:00) Mountain Time (US & Canada) Stamps: 1 PO Box 1230 Bozeman, MT 59771 Mmaas@bozeman.net IP Address: 208.94.236.114 Record Tracking Status: Original 2/4/2025 12:04:48 PM Holder: Mike Maas Mmaas@bozeman.net Location: DocuSign Security Appliance Status: Connected Pool: StateLocal Storage Appliance Status: Connected Pool: City of Bozeman Location: DocuSign Signer Events Signature Timestamp Sara Rushing sararushing@hotmail.com Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 69.145.57.51 Sent: 2/4/2025 12:07:19 PM Viewed: 2/4/2025 1:14:29 PM Signed: 2/4/2025 1:14:48 PM Electronic Record and Signature Disclosure: Accepted: 2/4/2025 1:14:29 PM ID: 74e2d92c-c92c-4f37-be89-d01daa380a47 Greg Sullivan gsullivan@bozeman.net Bozeman City Attorney City of Bozeman, Montana Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 208.94.236.113 Sent: 2/4/2025 1:14:50 PM Viewed: 2/4/2025 1:20:11 PM Signed: 2/4/2025 1:20:22 PM Electronic Record and Signature Disclosure: Accepted: 2/4/2025 1:20:11 PM ID: f2e25757-b7be-4764-8d79-9867acd6961f Mike Maas mmaas@bozeman.net City Clerk City of Bozeman Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 208.94.236.114 Sent: 2/4/2025 1:20:23 PM Viewed: 2/4/2025 2:19:46 PM Signed: 2/4/2025 2:21:04 PM Electronic Record and Signature Disclosure: Accepted: 1/6/2020 4:08:14 PM ID: 79370d6f-72a4-4837-866f-9ec31f00062f In Person Signer Events Signature Timestamp Editor Delivery Events Status Timestamp Agent Delivery Events Status Timestamp Intermediary Delivery Events Status Timestamp Certified Delivery Events Status Timestamp Carbon Copy Events Status Timestamp Sara Rushing srushing@bozeman.net Security Level: Email, Account Authentication (None) Sent: 2/4/2025 2:21:06 PM Electronic Record and Signature Disclosure: Accepted: 5/20/2024 7:54:51 AM ID: c2cd48b1-e50a-48a8-9f29-c28cda9754ba Jen Giuttari jgiuttari@bozeman.net Security Level: Email, Account Authentication (None) Sent: 2/4/2025 2:21:06 PM Electronic Record and Signature Disclosure: Accepted: 4/1/2022 11:34:09 AM ID: 9c6ad80e-2dad-4900-8b88-b835f41c4777 Witness Events Signature Timestamp Notary Events Signature Timestamp Envelope Summary Events Status Timestamps Envelope Sent Hashed/Encrypted 2/4/2025 12:07:19 PM Certified Delivered Security Checked 2/4/2025 2:19:46 PM Signing Complete Security Checked 2/4/2025 2:21:04 PM Completed Security Checked 2/4/2025 2:21:06 PM Payment Events Status Timestamps Electronic Record and Signature Disclosure CONSUMER DISCLOSURE From time to time, City of Bozeman (we, us or Company) may be required by law to provide to you certain written notices or disclosures. Described below are the terms and conditions for providing to you such notices and disclosures electronically through the DocuSign, Inc. (DocuSign) electronic signing system. Please read the information below carefully and thoroughly, and if you can access this information electronically to your satisfaction and agree to these terms and conditions, please confirm your agreement by clicking the ‘I agree’ button at the bottom of this document. Getting paper copies At any time, you may request from us a paper copy of any record provided or made available electronically to you by us. You will have the ability to download and print documents we send to you through the DocuSign system during and immediately after signing session and, if you elect to create a DocuSign signer account, you may access them for a limited period of time (usually 30 days) after such documents are first sent to you. After such time, if you wish for us to send you paper copies of any such documents from our office to you, you will be charged a $0.00 per-page fee. You may request delivery of such paper copies from us by following the procedure described below. Withdrawing your consent If you decide to receive notices and disclosures from us electronically, you may at any time change your mind and tell us that thereafter you want to receive required notices and disclosures only in paper format. How you must inform us of your decision to receive future notices and disclosure in paper format and withdraw your consent to receive notices and disclosures electronically is described below. Consequences of changing your mind If you elect to receive required notices and disclosures only in paper format, it will slow the speed at which we can complete certain steps in transactions with you and delivering services to you because we will need first to send the required notices or disclosures to you in paper format, and then wait until we receive back from you your acknowledgment of your receipt of such paper notices or disclosures. To indicate to us that you are changing your mind, you must withdraw your consent using the DocuSign ‘Withdraw Consent’ form on the signing page of a DocuSign envelope instead of signing it. This will indicate to us that you have withdrawn your consent to receive required notices and disclosures electronically from us and you will no longer be able to use the DocuSign system to receive required notices and consents electronically from us or to sign electronically documents from us. All notices and disclosures will be sent to you electronically Unless you tell us otherwise in accordance with the procedures described herein, we will provide electronically to you through the DocuSign system all required notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you during the course of our relationship with you. To reduce the chance of you inadvertently not receiving any notice or disclosure, we prefer to provide all of the required notices and disclosures to you by the same method and to the same address that you have given us. Thus, you can receive all the disclosures and notices electronically or in paper format through the paper mail delivery system. If you do not agree with this process, please let us know as described below. Please also see the paragraph immediately above that describes the consequences of your electing not to receive delivery of the notices and disclosures electronically from us. Electronic Record and Signature Disclosure created on: 7/9/2018 4:06:02 PM Parties agreed to: Sara Rushing, Greg Sullivan, Mike Maas, Sara Rushing, Jen Giuttari How to contact City of Bozeman: You may contact us to let us know of your changes as to how we may contact you electronically, to request paper copies of certain information from us, and to withdraw your prior consent to receive notices and disclosures electronically as follows: To contact us by email send messages to: jolson@bozeman.net To advise City of Bozeman of your new e-mail address To let us know of a change in your e-mail address where we should send notices and disclosures electronically to you, you must send an email message to us at jolson@bozeman.net and in the body of such request you must state: your previous e-mail address, your new e-mail address. We do not require any other information from you to change your email address.. In addition, you must notify DocuSign, Inc. to arrange for your new email address to be reflected in your DocuSign account by following the process for changing e-mail in the DocuSign system. To request paper copies from City of Bozeman To request delivery from us of paper copies of the notices and disclosures previously provided by us to you electronically, you must send us an e-mail to jolson@bozeman.net and in the body of such request you must state your e-mail address, full name, US Postal address, and telephone number. We will bill you for any fees at that time, if any. To withdraw your consent with City of Bozeman To inform us that you no longer want to receive future notices and disclosures in electronic format you may: i. decline to sign a document from within your DocuSign session, and on the subsequent page, select the check-box indicating you wish to withdraw your consent, or you may; ii. send us an e-mail to jolson@bozeman.net and in the body of such request you must state your e-mail, full name, US Postal Address, and telephone number. We do not need any other information from you to withdraw consent.. The consequences of your withdrawing consent for online documents will be that transactions may take a longer time to process.. Required hardware and software Operating Systems: Windows® 2000, Windows® XP, Windows Vista®; Mac OS® X Browsers: Final release versions of Internet Explorer® 6.0 or above (Windows only); Mozilla Firefox 2.0 or above (Windows and Mac); Safari™ 3.0 or above (Mac only) PDF Reader: Acrobat® or similar software may be required to view and print PDF files Screen Resolution: 800 x 600 minimum Enabled Security Settings: Allow per session cookies ** These minimum requirements are subject to change. If these requirements change, you will be asked to re-accept the disclosure. Pre-release (e.g. beta) versions of operating systems and browsers are not supported. Acknowledging your access and consent to receive materials electronically To confirm to us that you can access this information electronically, which will be similar to other electronic notices and disclosures that we will provide to you, please verify that you were able to read this electronic disclosure and that you also were able to print on paper or electronically save this page for your future reference and access or that you were able to e-mail this disclosure and consent to an address where you will be able to print on paper or save it for your future reference and access. Further, if you consent to receiving notices and disclosures exclusively in electronic format on the terms and conditions described above, please let us know by clicking the ‘I agree’ button below. By checking the ‘I agree’ box, I confirm that:  I can access and read this Electronic CONSENT TO ELECTRONIC RECEIPT OF ELECTRONIC CONSUMER DISCLOSURES document; and  I can print on paper the disclosure or save or send the disclosure to a place where I can print it, for future reference and access; and  Until or unless I notify City of Bozeman as described above, I consent to receive from exclusively through electronic means all notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to me by City of Bozeman during the course of my relationship with you.