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HomeMy WebLinkAbout10-14-09 Board of Ethics Minutes A4inutes ofthe Board of'h'thies Meeting. October 14. 2009 M.� MINUTES OF THE MEETING OF THE BOARD OF ETHICS BOZEMAN, MONTANA October 14, 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 I lall at 121 North Rouse on Wednesday, October 14, 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 6:03 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 and August 26, 2009 Meetings The board will come back to this item later in the meeting as copies of August 26 were currently being printed. D. Disclosure of Information or Comments Received Stephen Schultz Mr. Schultz disclosed that his neighbor approached him and asked what the board was working on. Mr. Schultz informed him the board had been working on a financial disclosure form. Melissa Frost Ms. Frost informed the board that Amanda Ricker at the Daily Chronicle had called her at work. She also received an e-mail from Charlie Soha who had four issues he wanted to talk about. He also asked to come to a meeting. The first issue he spoke about was the deceitful nature of coupons in the paper. The second was an issue with the senior center when he purchased an 1 of 6 Minutes of'lhe Board rfhthies Meeting, October 14, 2009 event ticket and when he could not attend he asked for a refund, which was denied. He also said the MSU Alumni association is selling names for advertising and they are not responding to him about stopping that practice. He asked that the Board of Ethics take action on his complaints. Greg Sullivan, City Attorney Mr. Sullivan pointed out that Mr. Soha's issues do not fall into the jurisdiction of the Board of Ethics. Melissa Frost Ms. Frost agreed with Mr. Sullivan's assessment. She would like the board to decide how to respond to issues like this. She would also like a plan for responding to the media. Stephen Schultz Mr. Schultz volunteered to call Mr. Soha back and explain to him that the Board of Ethics cannot take action on his complaints as they are out of the Board's jurisdiction. Stephen Schultz Mr. Schultz suggested that citizen and media inquiries be routed from the City Clerk's office to board members via e-mail. Melissa Frost Ms. Frost explained that in the recent case of the media call, the request from the Chronicle to speak with a board member was sent via e-mail to Mel from the clerk's office. However, Ms. Ricker at the Chronicle knew Ms. Frost and called her at work, circumventing the process. In the future Ms. Frost will let reporters know that she cannot speak to them about Board business while at work and inform them she'll e -mail the board members and someone will get back to them. The board discussed how to handle citizen correspondence requests for contacts. The board decided to have the clerk's office e -mail all citizen correspondence and requests to speak to a board member to all board members. Board members will then take turns responding to those requests. E. Discuss Ethics Handbook with Paul Lachapelle, Local Government Center Paul Lachapelle, Local Government Center, Montana State University Extension Mr. Lachapelle introduced himself to the board and told them about his qualifications. He then handed out and explained a draft outline to help the board begin discussing what they might want to include in the ethics handbook. (See attachment.) He also mentioned some issues within the City Ethic's Ordinance that could be problematic that he feels the board should talk about at some point. 2 of 6 Minutes q the Board q /Clhies Meeling, Oclober 14, 2009 The board discussed creation of the ethic's handbook and what should be included in the handbook. This would include the process for complaints. The board discussed that the audience for the handbook is public officials, employees, advisory board members as well as the general public. Mr. Lachapelle indicated he can create direct links in an on -line version of the handbook to the Montana Code Annotated information, etc. referenced in the handbook. The timeline for handbook creation was discussed with Mr. Lachapelle emphasizing the need for clear goals and objectives and concern regarding creating a draft that could then be rejected. He also asked for authorship credit for his part in the creation of the handbook and stated he would be extremely reasonable on the amount charged for assisting with this project. The board discussed the issues Mr. Lachapelle raised. A working outline of the handbook could be taken to the Commission during the process to ensure that the Commission was satisfied with the general direction taken. They also spoke regarding the cost and contract needed for Mr. Lachapelle's services. Funds paid for this service go to the MSU Local Government Center, rather than Mr. Lachapelle personally, Greg Sullivan Mr. Sullivan will prepare a simple agreement with Mr. Lachapelle that will allow the board to work out the specifics and then approve. The board will continue thinking about what they'd like to see in the handbook and look over Mr. Lachapelle's outline and meet with Mr. Lachapelle again after Thanksgiving. Paul Lachapelle Mr. Lachapelle spoke about some changes he feels need to be brought before the Commission within the City Ethic's Ordinance before the handbook is completed. Discussion took place regarding Mr. Lachapelle's recommended changes to the City Ethic's Ordinance. The first issue was related to post employment activities on pages 6 and 7, specifically the written disclosure provision. The Montana code in title 2 is clear about this, but there's ambiguity in the City Ordinance. The second issue concerns Sub D. conflict of interest; `except in the event of a tie vote'. Mr. Lachapelle feels this is in violation to Montana Code. The third issue was a procedural matter regarding 130, sub 14 on page 9 regarding the required ethics training. Extensive discussion took place regarding issues related to post employment activities. Greg Sullivan Mr. Sullivan said he would draft amendments to the Ethic's Ordinance that would make sure the 3 of 6 Minutes of the Bogard of'Elhics Weling, October 14, 2009 provisions of the city's ethics code are consistent with the disclosure statements in state law and consistent with the prohibitions in state law and bring them to the board for review. The board discussed meeting with Mr. Lachapelle again in December and that the board should have more specifics ready at that time for what they would like to see in the handbook. Greg Sullivan Mr. Sullivan said he has two items for the board to place on a future agenda. The first is some kind of agreement with MSU Local Government. The board discussed meeting again with Mr. Lachapelle at the Wednesday, December 9"' board meeting. Paul Lachapelle Mr. Lachapelle confirmed with Mr. Sullivan that he would e -mail a bid to him. Prompted by Mr. Lachapelle, the board discussed scheduling the work load for completion of the handbook, working back from the mandated adoption date of July 22, 2010. Assuming the handbook may take time to be approved by the Commission, the board set a date for the final draft to go to the Commission May I 51 with an initial working draft to the board in February with another draft in mid March. Stephen Schultz Mr. Schultz asked if it might be possible to have several employees act as a focus group watch them read through it and then query their understanding. In closing, Mr. Lachapelle stated that if the board needed to run ideas by him before December 9"', they can give him a call. In addition, he confirmed he would provide a bid by October 28"' for review by the board at the first November meeting. Melissa Frost Ms. Frost clarified with Mr. Sullivan and the board what the proper procedures are for use of e- mail by the board. Administrative a -mails can be replied to all. Brendan Steele with the IT department will be attending the next meeting to discuss communication issues. The board began discussing their jurisdiction and the public's perception of the board's jurisdiction. F. Financial Disclosure form Greg Sullivan pointed out that Finance Director Anna Rosenberry provided the board with a new draft of the financial disclosure form with the changes the board requested incorporated. She also provided a list of the boards and there level of independence. January I" is the date that everyone should be filing these. The board is in an advisory position, to advise the Commission regarding the financial disclosure form. 4of6 Minutes o/ the Board of LYhics Aleeting, October 14, 2009 Discussion took place about whether property disclosures should be limited to the State of Montana as had been discussed at a previous meeting. The board would like to see the following changes to the draft form Adding examples to section 5 had been discussed previously and were not included in the new draft (examples like: rental, investment property, vacation home), Also location should be replaced with address. The board looked over and discussed the list of city boards that would be subject to the financial disclosure form. The tax increment finance districts were not listed as needing to file the disclosure form because they arc subject to the cities purchasing policies, claims and approval processes whereas the business improvement districts are listed as needing to file because they are not required to follow those policies. Motion and Vote to approve this document (financial disclosure form and attached memorandum) with the changes in section 5. It was moved by Stephen Schultz, seconded by Rodger McCormick to approve this document (financial disclosure form and attached memorandum) with the changes in section 5. Those votina Ave beina Stephen Schultz Rod er McCormick and Melissa Frost. Those voting No being none. The motion passed 3 -0. The board spoke regarding placing the financial disclosure form and a board of ethics update on the City Commission agenda for November 2 °a with a board of ethics quorum notice for that evening so all board members can attend. C. Approval of Minutes from August 12 and August 26, 2009 Meetings Motion and Vote to approve the minutes from August 12, 2009. It was moved by Stephen Schultz seconded by Melissa Frost to apBrove the minutes from August 12, 2009. Those voting Ave being Stephen Schultz, Melissa Frost and Rodger. McCormick. Those voting No being none. The motion passed 3 -0. Approval of the minutes for August 26, 2009 was postponed to the next meeting to provide the board an opportunity to review them. H. New Business 5 of 6 Minutes of the Board of Ethics A4eeting, October 14, 2009 Greg Sullivan Mr. Sullivan spoke regarding a retaliation and whistleblower policy. The Commission had previously set parameters they would like to see with this policy which included amendments to the ethics Ordinance and standards of conduct and having an Administrative Order implemented with parallel language. Mr. Sullivan would like to get the board a draft on October 28` of amendments to the ethics ordinance as well as the City Commission packet materials from a prior meeting when this issue was discussed and includes information about how other municipalities have dealt with this. The Ordinance requires the Board of Ethics review Ordinance changes. I. Discuss future agenda topics The board discussed the agenda for October 28"' with agenda items being: IT discussion with Brendan Steele Anti retaliation and whistleblower policy Discussion regarding ethics handbook The board discussed November meeting dates. The regularly scheduled meeting date of the second Wednesday of the month is Veteran's Day with city offices closed. The board decided to meet November 18 at 6 p.m. with the board also attending the November 2" d City Commission meeting. The next meeting after that would be December 9"'. Melissa Frost Ms. Frost will type up her notes from speaking with Charlie Soha -mail em out to board members. J. Adjourn j Melissa Frost adjourned the meeting at 7:59 p.m. elissa Frost, Board Chairperson Prepared by: Aim e Kissel, Deputy City Clerk Approved on: V a te 00q 6of6