HomeMy WebLinkAbout08-12-09 Board of Ethics, Minutes • r
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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.
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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.
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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.
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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.
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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 .
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