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HomeMy WebLinkAbout08-12-09 Board of Ethics, Minutes • r <V MINUTES OF THE MEETING OF THE BOARD OF ETHICS BOZEMAN, MONTANA August 12, 2009 Please Note: The audio recording of this meeting is available. These minutes are not word for word and should be considered in addition to the audio of the meeting. The Board of Ethics of the City of Bozeman met in the Commission Room, City Hall at 121 North Rouse on Wednesday, August 12, 2009. Present were Board members Melissa Frost, Rodger McCormick and Stephen Schultz, as well as City Attorney Greg Sullivan, City Clerk Stacy Ulmen and Deputy City Clerk Aimee Kissel. A. Meeting Called to Order Chairperson Mel Frost called the meeting to order at 6:08 p.m. B. Public Comment Mel Frost opened public comment. No person commented. Mel Frost closed public comment. C. Approval of Minutes from July 22, 2009 Meeting Ms. Frost Ms. Frost mentioned a correction to the minutes on page 5, 0:31:20. It was moved by Rodger McCormick, seconded by Mel Frost to accent the minutes of July 22,2009 as corrected. Those voting Ave being Rodger McCormick and Mel Frost. Those voting No being none. The motion carried 3-0. D. Disclosure of Information or Comments Received Mel Frost Ms. Frost disclosed that she spoke with a friend who works for the Library Foundation and she Wuurte,;o1 the Board of Lthrrs. tugiw 12. 2001J said City Manager Chris Kukulski came and talked to the staff about the financial disclosure form. E. Staff and Board Responsibilities Stacy Ulmen Ms. Ulmen explained that the City Clerk's office will be responsible for administrative details such as taking minutes, posting the agenda and keeping the official records of the board. Staff also spoke regarding budgeting some money to hire an outside source to help the board with research and typing of the ethics handbook. Paul Lachapelle with the Local Government Center was mentioned as a possible resource for this job. Greg Sullivan Mr. Sullivan spoke regarding the benefits of having the board separated from staff as much as possible to reduce conflicts of interest risk. A short discussion took place discussing whether the board would be interested in having Paul LaChapelle assist with the handbook. The budget was also mentioned. Due to the absence of Stephen Schultz, the board chose to move items on the agenda around. I. Strategic Plan/Discussion regarding Creation of Ethics Handbook Greg Sullivan Greg Sullivan began a discussion regarding the scope of the handbook and what he envisioned the handbook including. He feels the handbook can be a booklet,that is an easy reference guide and is easy to read and easy to follow. He feels it should have information such as the standards of conduct from the ethics Ordinance,the role of the ethics board, how to file a complaint with the ethics board, some examples, some contact information, references as well as web-links and references to State Code. All of the major categories of the things they are subject to. Mel Frost and Rodger McCormick were in agreement with Mr. Sullivan's content ideas and also asking Paul Lachapelle with the Local Government Center to attend a meeting to discuss the possibility of assisting with the ethics handbook. Stacy Ulmen, City Clerk Ms. Ulmen stated that the City Clerk's office will contact Mr. Lachapelle to ask if he is interested in discussing this proposition with the board at a future meeting. Aimee Kissel, Deputy City Clerk Ms. Kissel informed the board that the second set of ethics training for citizen advisory board members is scheduled for September 17`h and 30th. 2 11mules of the Board of Lihrrs. 1ug>usl 12. 009 Mel Frost Ms. Frost suggested that the training have less examples and more substantive matter. Mel Frost Ms. Frost asked several follow up questions from the last meeting. Stacy Ulmen and Greg Sullivan responded to a query regarding by-laws stating that the writing of by-laws for the board may be something that Paul Lachapelle can assist with as well. Greg Sullivan Mr. Sullivan spoke regarding the board's function to hear complaints. Mel Frost Ms. Frost brought up the possibility of Bozeman.net e-mail accounts for board members, prompting a discussion regarding communication issues. A decision was made to ask Brendan Steele, City IT Director to attend an upcoming meeting to help deal with these issues. City Clerk Stacy Ulmen left the meeting at 6:44 p.m. Greg Sullivan Mr. Sullivan pointed out that the portion of the ethics Ordinance says on page 9 "handbook for the use of all servants and the public". It will be good to keep in mind that the handbook is intended for a wide audience. A short discussion took place regarding what type of complaints would come before this board. Board member Stephen Schultz joined the meeting at 6:40 p.m. Mel Frost provided a brief recap of the meeting so far. Stephen Schultz had no discussions to disclose (Item D. on the agenda). A conversation took place regarding the procedures listed in the Ethics Ordinance for handling complaints. A conversation took place regarding the ethics training for board members and how that training was received by attendees. Greg Sullivan Mr. Sullivan re-iterated that this Board is an extension of the local government and it is possible that individual board members could be cited in a law suit. If the board member is acting within the scope and duties as a board member, they'll have immunity and would be covered by the City. 3 1l1mttes of the Hourd of Lthtcs, 1ugu%t 11, 2009 F. Financial Disclosure Form Mr. Sullivan recapped information regarding the financial disclosure form that had been discussed during the last board of ethics meetings. This included information about who is already identified as required to file a financial disclosure form. A discussion took place regarding identifying which boards may or may not need to file a financial disclosure form and ideas for determining that. This discussion also included what the ramifications might be for asking volunteers to file a financial disclosure form. Mel Frost Ms. Frost asked for more specifics about the boards and their financial responsibilities and functions. Greg Sullivan Mr. Sullivan suggested that Finance Director,Anna Rosenberry be invited to a board of ethic's meeting to go over the citizen advisory boards and which boards have budgets, who has signing authority, etc. The Board confirmed they would like to ask Anna Rosenberry to attend the next board of ethics meeting to gather information. Stephen Schultz Mr. Schultz began a discussion regarding the details/questions within the financial disclosure form. Mr. Schultz felt question#2 should say compensation rather than salary to broaden it a bit. In addition, the time frame on question#4 should be clarified. Greg Sullivan Mr. Sullivan read subsection b. of the code which says, "each present or past employing entity from which benefits including retirement benefits are currently being received." The board discussed how to interpret the above statement in the code and further discussed what items should be listed on the form. Motion and Vote to continue agenda item G. Decision on recommendation to City Commission regarding financial disclosure form to the next meeting. It was moved by Stephen Schultz, seconded by Melissa Frost to continue item G. Decision on recommendation to City Commission regarding financial disclosure form to the next meeting. Those voting Ave being Stephen Schultz, Melissa Frost and Rodger McCormick. 4 1lutute, of the Board of Lihica..furult 12 2009 Those voting No being none. The motion passed 3-0. H. Review Ordinance No. 1759 Motion and Vote to open and continue item H. to a future agenda. It was moved by Stephen Schultz, seconded by Melissa Frost to open and continue item H. Review Ordinance No. 1759, to a future agenda. Those voting Ave being Stephen Schultz, Melissa Frost and Rodger McCormick. Those voting No being none. The motion passed 3-0. I. Strategic Plan /Discussion regarding Creation of Ethics Handbook The Board had a discussion regarding the lack of examples of ethics handbooks from other municipalities. The Board discussed what items are already contained within existing City documents such as the Ethics Ordinance itself and the employee handbook. J. New Business None K. Discuss future agenda topics The Board discussed using most of the next meeting to speak with Ms. Rosenberry and discuss the financial disclosure form. The Board would like Brendan Steele with the IT department to attend a future meeting to discuss communication issues between board members and the public. Paul LaChapelle should also be contacted to ask if he can attend another future meeting to discuss assisting with the ethics handbook. Mel Frost Ms. Frost informed the Board and staff she will not be available from September 2"d through the 22"d. The Board decided to schedule just one September meeting on the 23rd at 6 p.m. L. Adjourn Melissa Frost adjourned the meeting at 8:02 p.m. 5 Minutes q1 the Board o1 fithire. .lukust 12.2009 Melissa Frost, Board Chairperson Prepared by: Aimee kissel, Deputy City Clerk Approved on: 0c.4a6e_r 14, aopq . 6