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HomeMy WebLinkAboutBoard of Ethics Information and Links.docxBOARD OF ETHICS This board was originally created with Ordinance No. 1726, Ethics, which was finally adopted on November 26, 2007. Ordinance No. 1726 was then amended by Ordinance No. 1759 which was finally adopted on May 11, 2009 and provided for the amendment of Chapter 2.01 in the Bozeman Municipal Code by amending the sections on financial disclosure, post employment prohibitions and definitions. This board meets the 2nd and 4th Wednesday of the month at 6 p.m. in the City Commission room. The January 2010 meetings have been cancelled. The next meeting will take place Wednesday, February 10, 2009. Agendas can be found at http://www.bozeman.net/WebLink7/Browse.aspx?startid=37794 Minutes and Audio can be found at http://www.bozeman.net/WebLink7/Browse.aspx?startid=38791 Members and Terms: Rodger McCormick - expires July 31, 2010 Melissa Frost - expires July 31, 2011 Stephen Schultz - expires July 31, 2010 The following is excerpted from Ordinance No. 1759: 2.01.120. Board of Ethics. A. There is created a Board of Ethics consisting of three (3) members who are residents of the City who shall serve without compensation unless the governing body provides otherwise. Members of the Board of Ethics shall not be elected officials of the City, persons appointed to elective office, full-time appointed City officials whether exempt or nonexempt, or City employees, nor shall they be currently serving on any other City board or commission. B. Members of the Board shall be residents of the City and shall hold no elected public office nor any other City office or employment. C. Board members shall be appointed by the governing body. An appointment to fill a vacancy shall be made by the appointing authority who appointed the member who formerly held the position which is vacant. D. The Board shall select its own presiding officer from among its members. E. Board members shall serve staggered terms of two (2) years. A member shall hold office until a member's successor is appointed. At initial appointment of the members of the board, one of the initial members shall be appointed for a term of three (3) years and thereafter for a term of one (1) year. F. The governing body shall provide such staff support for the Board as the governing body determines to be necessary for the Board to fulfill its duties. The City Attorney is designated to be the legal advisor for the Board, except that the City Attorney is not authorized to represent the Board in any legal action if doing so would create a conflict which would prevent the City Attorney from also representing the Mayor, the City Manager, or the governing body. The City Clerk shall serve as Recording Secretary to the Board and shall provide such administrative services to the Board as may be necessary. Neither the City Attorney nor the City Clerk shall be eligible for appointment as board members. 2.01.130. Duties and Powers of the Board. A. The Board shall, in addition to its other duties: (1) adopt written rules governing its procedures and providing for the holding of regular and special meetings, which rules shall be subject to the approval of the governing body; a copy of the rules shall be filed with the City Clerk; and (2) administer oaths; (3) conduct hearings as needed to hear and decide specific cases in which a violation of this Chapter or a violation of Title 2, Chapter 2, Part 100 of Montana Code Annotated is alleged, whether such cases arise from a complaint or are brought on the Board's own motion; and (4) no later than December of each year, submit an annual report to the governing body concerning its action in the preceding year; the report shall contain (i) a summary of its decisions and opinions, both open and confidential; the Board shall make any alterations in the summaries necessary to prevent disclosure of any confidential information pertaining to any individual or to any organization if the disclosure could lead to the disclosure of the identity of a person who is entitled to confidentiality; and (ii) recommend any legislative or administrative actions regarding the City's policies and practices which the Board believes would or could enhance the ethical environment in which public servants work; and (5) establish a process for systematically and regularly evaluating all significant aspects of the administration and implementation of this Chapter, which shall include an annual review of the full scope of operations of the Board and its procedures, and which shall insure that the both the public and all public servants are provided a reasonable opportunity, and are encouraged, to participate in the process; and (6) prescribe and make available forms for use under this Chapter; and (7) when it deems it appropriate, request the City Attorney for assistance in compelling the production of documents and witnesses to assist the Board in the conduct of any investigation. (8) when circumstances make it necessary to do so, retain outside legal counsel and other experts as needed after solicitation of recommendations from the City Attorney (unless the need to retain outside counsel is caused by a conflict involving the City Attorney's Office), and upon approval by the governing body of a contract for services approved as to form by the City Attorney; and (9) serve as legal custodian of the Board's records, and accept, file, maintain and administer, in accordance with all applicable laws, any information related to the purposes of this Chapter; and (10) make financial disclosure statements filed with the Board available for public inspection and copying facilities available at a charge which is the minimum amount permitted under applicable law. All open opinions of the Board shall be filed with the City Clerk and are open to public inspection. To the extent permitted by law, confidential opinions and any records obtained or filed in connection with requests for confidential opinions, whether the records are written, tape recorded, videotaped, or otherwise recorded shall be kept confidential; and confidential advisory opinions rendered shall be closed in whole to public inspection. Confidential opinions and summaries of them or open references to them shall be drafted in such a way as not to reveal confidential information. (11) compile and maintain an index to all financial disclosure statements currently on file with the Board to facilitate public access to such statements; and (12) develop a plan for implementation of a program to educate public servants who are subject to this Ordinance and the public about their rights, duties and responsibilities hereunder; and (13) within one year from the effective date of this Ordinance date of the first meeting of the Board, submit to the governing body for its approval and promulgation, an ethics handbook for the use of all public servants and the public; the personnel department shall document that each City officer and employee receives a copy of the handbook and acknowledges receipt of the handbook in writing; and (14) in coordination with the City Attorney, City Manager, and other appropriate City personnel, arrange for the conduct of an annual workshop, which shall serve as an orientation for new Board members and an opportunity for experienced members to explore specific issues in depth; attendance at this workshop shall be made a condition of service as a member of the Board, and, before taking office, Board members shall commit themselves to attend it. B. The Board may: (1) conduct hearings as it determines necessary or appropriate (i) to ascertain public opinions and to gather information from the general public, employees, or others regarding any aspect of the City's ethics policies or practices; and (ii) for any other purpose for which the Board is authorized to conduct hearings; and (2) respond, as it deems appropriate, to requests for confidential advisory opinions; the Board may decline to render an opinion in response to any request for an advisory opinion; (3) render and publish formal opinions on any matter within the scope of the Board's authority which it may deem appropriate; the Board may initiate opinions on its own motion or upon request; any formal opinion shall be in writing; and (4) prepare and publish special reports, technical studies, and recommendations to further the purposes of this Ordinance.