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HomeMy WebLinkAbout08-26-09 Board of Ethics Minutes r MINUTES OF THE MEETING OF THE BOARD OF ETHICS BOZEMAN, MONTANA August 26, 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 26, 2009. Present were Board members Melissa Frost, Rodger McCormick and Stephen Schultz, as well as City Attorney Greg Sullivan and Deputy City Clerk Aimee Kissel. A. Meeting Called to Order Chairperson Melissa Frost called the meeting to order at 6:02 p.m. B. Public Comment Melissa Frost opened public comment. No person commented. Melissa Frost closed public comment. C. Approval of Minutes from August 12, 2009 Meeting (If completed) The minutes were not completed. D. Disclosure of Information or Comments Received Board members did not have information to disclose. E. Query City Director of Finance Anna Rosenberry regarding Financial Disclosure Statement Greg Sullivan, City Attorney Mr. Sullivan began the discussion by explaining to Ms. Rosenberry some of the questions the Board of Ethics had previously raised that she may be able to help with. Questions include what type of boards might be subject to the disclosure statement and what types of things may need to be reported. Linked Board n/ Ethics Minutes, August 26, 2(09 Anna Rosenberry, Director of Finance Ms. Rosenberry provided a summary of her experience related to financial disclosure forms and the creation of the form the Board is reviewing. She also provided an overview of the history of the City's ethics Ordinance as it pertains to financial disclosure and meeting the requirements set out in the Charter. Staff created a disclosure similar to the one the State of Montana requires. The current version of the Ethic's Ordinance was adopted in May 2009. Greg Sullivan Mr. Sullivan brought up a question from the last meeting regarding what types of things would be required to be disclosed on the form. For example, 401 k plans, holding, being payed now? Anna Rosenberry Ms. Rosenberry explained that she feels the spirit of the disclosure is important. Whether the person disclosing has a personal interest in making sure some other entity is financially successful. She began a discussion with board members about details within the form. The board discussed how to interpret the disclosure form questions and how they should be operationalized as well as discussions that have taken place among staff in trying to draft the financial disclosure form. A discussion took place regarding who is a major financial decision maker. Anna Rosenberry Ms. Rosenberry explained that city staff keeps looking at who has authorization to approve claims and some board members do show up on some of those approvals such as the chairperson of the tax increment finance districts, parking commission and the chair of the library board. A discussion took place regarding how to determine which boards people have spending approval authority and should be required to file a financial disclosure form as well as how financing is handled with some of the boards and tax increment districts. Melissa Frost Ms. Frost asked where the Board should take this form from here. Greg Sullivan Mr. Sullivan explained that the Board now needs to look at the form and pass a recommendation onto the Commission about the form. A discussion took place reviewing what questions have arisen regarding the form and what areas the Board may want to provide recommendations. Anna Rosenberry Ms. Rosenberry spoke regarding the Park Improvement Grant Program that is assigned to the 2 Linked Board o/ Ethics .Mini l s, August 26, 2009 Parks and Recreation Board for award and how expenditures under that program are then paid through the parks department. Rodger McCormick Mr, McCormick began a discussion using the senior center as an example; about how revealing an interest in a related group does not necessarily mean there is a conflict of interest. Rather, disclosing just allows for transparency. Anna Rosenberry Ms, Rosenberry asked Board members if they would like a list of all the boards with information on the nine or ten boards which have spending authority and are submitting their own budgets. A discussion took place regarding how the tax increment finance (TIF) districts budgets and finances go through the City's regular finance policies, criteria and oversight and are ultimately approved by the commission. In contrast the Business Improvement Districts (BID) are their own separate entities, they take the money and it is their responsibility to follow state law and good financial management practices. The Commission however does approve their budget. A discussion took place regarding who signs off and reviews claims on these boards. In many cases, this would be staff members such as the city staff liaisons for the board as well as the City finance controller and Commission. A discussion took place regarding the powers of the Library Board and Parking Commission which hires their own staff and has statutory power. A discussion took place regarding the difficulties of setting a dollar limit and how to explain why this limit was chosen. The discussion also included determining which members of a board should file a disclosure form, Board members also discussed how financial disclosure is actually a form of protection for board members and is not punitive. A discussion took place regarding the availability of these disclosure forms to the public once completed. A discussion took place regarding how to offer recommendations to the Commission and the possibility of a discussion with the Commission that would include synapsis of the discussions the board has been having in working through the issues with financial disclosure. A discussion took place regarding how to balance the advantages of wide spread full disclosure to avoid even the perception of a conflict of interest and problems with filling volunteer boards with passionate, good board members if people are unwilling to file the disclosure forms. 3 Linked Board q /Cihics Minutes, .August 26, 2009 Greg Sullivan Mr. Sullivan read the declaration of policy statement within the Ethics Ordinance, feeling these statements are good to keep in mind while thinking these issues through. Greg Sullivan Mr. Sullivan pointed out that once the list of positions required to file a disclosure form are determined, the advertisements for those board positions or staff positions will advertise this requirement. Anna Rosenberry Ms. Rosenberry brought up that requiring the filing of a financial disclosure form is not unusual or uncommon within governmental entities and in fact, many of these forms are quite hefty in terms of what is required to be disclosed. Board members are in agreement with staff regarding their recommendation on which staff members would file the financial disclosure form. They also asked for a specific list of what staff members have signing authority and would be subject to the financial disclosure form. Board members would like Ms. Rosenberry to provide some sort of draft for members to examine what items might need to be disclosed on the financial disclosure form such as a 401k, etc. This list might be added as a memorandum in addition to the form and not on the form itself and would include general categories. The Board reviewed which staff would file, including department heads and staff with signing authority on claims. The Board discussed statement 5 on the form and the possibility of a geographical limit to disclosing real property as well as the meaning of `nature of interest in the property' and whether examples should be given. The Board may be more interested in asking for a description of the property and its location. Ex: a rental, a vacation home, etc. Excluding disclosure of a personal residence is a part of the Ordinance. Greg Sullivan Mr. Sullivan responded to a question from the Board about tinning constraints for Commission recommendation of this form by saying the most important piece was that the Board is meeting and moving forward with this item. He suggested staff give the Commission an update on the Board's progress during the for your information portion of the August 31' City Commission meeting. Anna Rosenberry Ms. Rosenberry left the meeting. 4 Linked Board of h.'I zics Minutes, August 26, 2009 F. Decision on recommendation to City Commission regarding financial disclosure form The decision on this issue was postponed to a future meeting to gather more information. G. Possible Discussion regarding Ethics Handbook Aimee Kissel Ms. Kissel explained that she contacted Paul Lachapelle with the Local Government Center per the discussion from the last Board meeting. Mr. Lachapelle is interested in assisting the board with the ethics handbook. He would request that his name be listed on the publication in some fashion as one of the authors. Greg Sullivan Mr. Sullivan does not have a problem with the handbook having the city logo and listing something like, "prepared by the City of Bozeman's ethics board in conjunction with Paul Lachapelle with the Local Government Center" or something similar that Paul was okay with that did not have the MSU logo. Aimee Kissel, Deputy City Clerk Ms. Kissel spoke with Mr. Lachapelle about attending a Board of Ethics meeting in October. Mr. Sullivan will not be available October 7 so Ms. Kissel asked Board members if they are willing to change the meeting date to October 6th. Melissa Frost Ms. Frost informed the Board that she'll be unavailable from October 54 The Board decided to tentatively schedule the October meeting for Wednesday, October 14, 2009. Ms. Frost will confirm availability via e-mail. The Board discussed creation of the by -laws and may just draft those themselves. H. New Business Greg Sullivan Mr. Sullivan explained that as the City went through the password issue for background checks recently the Commission directed staff to draft a whistleblower anti retaliation policy. Neither the employee handbook or ethics code has specific express language protecting whistleblowers or employees alleging violation of public policy. Mr. Sullivan and other staff members have been putting together a memorandum for the Commission providing an overview of all the protections that already exist within different jurisdictions. He then discussed the recommendations he will be offering to the Commission on August 31, 2009. A draft of some of 5 Linked Board of h,thics A9inules, Au 26, 2009 the procedures that will come out of this discussion will likely come before the Board of Ethics probably in September before it comes before the Commission per the requirements of the Code. A discussion took place regarding whistleblower policies and issues. Greg Sullivan Mr. Sullivan explained that it depends on the direction the Commission provides as to whether review of a Whistleblower policy should be on the next Board of Ethics agenda. I. Discuss future agenda topics A. September 9"' meeting cancelled. Next meeting scheduled for September 23 (Wed.) at 6 p.m. The board discussed still having Brendan Steele with IT attend the September 23" Board meeting to quickly discuss communication issues at the beginning of the meeting. The financial disclosure form will also be discussed with a possible recommendation decision made on September 23rd. The Whistleblower policies will likely need to be on the next agenda. J. Adjourn Melissa Frost adjourned the meeting at 7:44 p.m. Melissa Frost, Board Chairperson Prepared by: Aimet Kissel, Deputy City Clerk Approved on October 14, 2009, 6