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HomeMy WebLinkAboutOrdinance 92- 1342, Amends §§ 2.01.010, 2.01.020, 2.01.040 and 2.01.070, code of ethics , 'I;~ -'" -!', -. . ORDINANCB NO. J.l.12. AN ORDINANCE OP THE CITY COJOlISSION OP THE CITY OP BOZBMAN, MONTANA PROVIDING THAT THE BOZEMAlf MUNICIPAL CO DB BE AMBNDED BY REVISING SBCTIONS 2.01.010; 2.01.020; 2.01.040; AND 2.01.070 OP SAID CODB, PROVIDING POR REVISION TO DBCLARATION OP POLICY, STANDARDS OF CONDUCT, CONFLICT OF INTBRBST, DBFINITION OF AGENCY, AND DEFINING EMPLOYBB AND OPPICIAL SEPARATELY. PREAMBLB Amending the existing Code of Ethics for city officials and employees to more specifically address standards of conduct and conflict of interest. WHEREAS, the city Commission of the City of Bozeman, Montana has determined that it is in need of specific expertise on certain advisory boards; and WHEREAS, individuals with such expertise are occasionally required to represent clients before the city Commission; and WHEREAS, the city Commission of the city of Bozeman, Montana has determined that such representation may occur without conflict of interest under certain restrictions. NOW, THEREPORE, BE IT ORDAINED BY THE CITY COKMISSION OF THE CITY OF BOZEMAN, MONTANA: SECTION 1 That Section 2.01. 010 of the Bozeman Municipal Code be amended so that such section shall read as follows: "2.01.010 Declaration of policy. The proper operation of the city government requires that pUblic officials and employees be independent, impartial 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; 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 and effective public service; and to prohibit conflict between public duty and private interest. Nothinq herein shall be construed to relieve anY emDlovee or official of the resDonsibilities set forth in sections 2-2-104. 2-2-105. 2-2-125. 2-2-131. and 7-3-4367 of the Montana Codes Annotated." Section 2 That Section 2.01.020 of the Bozeman Municipal Code be amended so that such section shall read as follows: "2.01.020 Definitions As in this ordinance, the following terms shall have the fOllowing meanings, unless the context clearly indicates that a different meaning is intended: A. "Agency" means the city commission and all other agencies, boards, committees. departments and offices of the city, without exception. B. "City" means the city of Bozeman, Montana. ---~,._-_._-_.- - ..----- .- ------ - ...... -:r., . , " C. "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. D. "EmDloyee" means all individuals em,Dloyed bY the city and its aaencies. but does not include indeDendent contractors hired by the city. city commissioners. or city ;udge. Ih- ~ "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, other than his duly authorized salary or compensation for his 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 his immediate family has any direct or indirect interest as the proprietor, by ownership of stock or partnership interest. Eo- 4 "Immediate family" means spouse and children. F-;- ~ "Officials" or "cmployccD" means all efficiala, officersT and members and cmpleycca of t.he ci ty and its of the ci ty , s agencies, whether elected or appointed, whether paid or unpaid, whether permanent, temporary or alternate and that are not emDlovees. 6-;- IL.. "Personal interest" means any interest arising froll blood, marriagc or from cleac busincss asseeiat.ioft vhcthcr or not. al'\Y fil'\al'\cial il'\tcrcat. ia il'\?olvcd in the matter which would affect the action of the official or emDloyee other than a financial interest. and other than an interest because of membershiD in or affiliation with. but not emDlovment bv a social. fraternal. charitable. service. educational. reliaious. aoyernmental. health service. DhilanthroDic. cultural or similar nonDrofit institution or oraanization. iT;- h "Transaction" means the offer of, or the sale, purchase or furnishing of any real or personal property, or services, by or to any person or entity directly, or indirectly, as vendor or vendee, prime contractor, subcontractor or otherwise, for the use and benefit of the city or of such other person or entity, for a valuable consideration." section 3 That section 2.01.040 of the Bozeman Municipal Code be amended so that such section shall read as follows: "2.01.040 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. Each official or emDloyee serving on a multi-member agency a~t.horit.y, board, eommissiol'\ or eel'ftl'ftit.t.cc is expected to devote the time and effort necessary to the successful functioning of such agency~ autherit.y, Board, cemmiaaiol'\ or eemmit.t.cc. D. No official or employee shall improperly use, directly or indirectly, his City position to secure any financial interest or personal interest for himself or others. -- ------ -------- -- --------- .- .-------- of. .. . . , . r .1, . .' E. No official or employee shall, for any reason, use or attempt to use his position to improperly influence any other official or employee in the performance of his official duties." section 4 That section 2.01.070 of the Bozeman Municipal code be amended so that such section shall read as follows: "2.01.070 conflict of interest. A. No official or employee shall engage in any emploYment or business which conflicts with the proper discharge of his official duties. B. No official or employee shall have a financial or personal interest, tangibly or intangibly, in any transaction with the city as to which he has the power to take or influence official action unless full Dublic disclosure is made. A eentract ift violatioft of tRio aeetio" ma)- be declared voia at the. option of the. city Cemmission. C. If an official or employee has any tangible or intangible financial or personal interest in the outcome of any matter coming before the Agency of which he is a member or by which he is employed, such official or employee shall publicly disclose on the record of the agency or to his superior or other appropriate authority the existence of such financial or personal interest. An official or employee having such a financial or oersonal interest shall not engage in deliberations concerning the matter, afld shall disqualify himself from acting on the matter, and shall not communicate about such matter with anv oerson who will oarticiDate in the action to be taken on such matter. &;- ~ No official or employee, whether paid or unpaid, shall represent or appear on behalf of any individual or entity, before any agency of the City, or take any appellate proceedings from any action of such agency, either personally or through an associate or partner. D- No official. whether Daid or unDaid. shall reDresent or aDDear on behalf of any individual or entity in any action or proceedinq of concern to the aqency on which that official serves. either before that aqency or any other aqency of the city. or before the City commission. or take any aooellate Droceedinqs from any action of such agency or the Commission. Such reDresentation may be made by an official's associate or partner. orovided no reference to the oarticipation of the involved official is made exceot for certification or other required identification on oreDared documents. The involved official shall not enqaqe in deliberations concerninq a matter reDresented by an associate or Dartner. shall disqualify himself from actinq on the matter . and shall not communicate about such matter with any Derson who will DarticiDate in the action to be taken on such matter. E. Nothing herein shall be interpreted or construed to prohibit any official or employee from exercising his legal rights as to his own personal interests in a matter pending before the city or any of its agencies, or to prohibit an official or employee from testifying as a witness in any administrative or jUdicial proceeding. However, no official or employee who represents his own personal interest before an Agency of which he is a member or a member of an Agency to which the matter may be appealed shall participate in the decision of that Agency or the appellate agency." section 5 Repealer: All resolutions, ordinances, and sections of the Bozeman Municipal Code inconsistent herewith are hereby repealed. ..-.- .--.... .--.------- - ....-----. ---- ... ~- l ~ ..,.." _ ,( t section' Severabilitv: If any provisions of this ordinance or the application thereof to any person or circumstances is held invalid, such invalidi ty shall not affect the other provisions of this ordinance which may be given effect without the invalid provision or application, and, to this end the provisions of this ordinance are declared to be severable. section 7 Effective Date: This ordinance shall be effective thirty (30) days after second reading and final adoption as provided by law. PROVISIONALLY PASSED AND ADOPTED by the city Commission of the city of Bozeman, Montana, at its meeting held on the 13th day of January , 1992. ATTEST: (jJ~ J );~ ROBIN L. SULLIVAN Clerk of the Commission . FINALLY PASSED AND ADOPTED by the city Commission of the city of Bozeman, Montana, at its meeting held on the 27th day of January , 1992. ~~ IMOTHY SW ON, MAYOR ATTEST: ~~J~ RO IN L. SULLIVAN Clerk of the commission APPROVED AS TO FORM: " ..... ---.-- --.-- .-.------ -..-----.-.--.--..---- .. --- --.-. ---.,.------ ...--..-----.