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HomeMy WebLinkAbout11-18-09 Board of Ethics Minutes, approved.pdf ci �Z MINUTES OF THE MEETING OF THE BOARD OF ETHICS BOZEMAN, MONTANA November 18, 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 Gallatin Room, City Fall at 121 North Rouse on Wednesday, November 18, 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 6:04 p.m. B. Public Comment Melissa Frost opened public comment. No person commented. Melissa Frost closed public comment. C. Approval of Minutes from October 14, 2009 Motion and Vote to approve the minutes from October 14,2009. It was moved by Stephen Schultz, seconded by Rodger McCormick. Those voting Ave being Stephen Schultz, Rodger McCormick and Melissa Frost Those voting No being none. The motion passed 3-0. D. Disclosure of Information or Comments Received None. E. Adoption of Ordinance 1775: An Ordinance of the City Commission amending Chapter 2.01 BMC (Code of Ethics) to include provisions related to improper governmental action and others. 1 of 5 IhI III lac of Ilu Bourd of blues Ifec ting. N ovember I�,2009 Mr. Sullivan began the discussion by explaining that this draft ordinance encompasses additions for whistle blowing as well as revisions that needed to be made to ethics ordinance 1759 and how the code and ordinances work together. Nlr. SulliN-an Nxent through the process that the board has been going through to rel.ieN� draft Ordinance 1775. • First draft October 28 —discussion and changes • November 12'h—received a copy with a few amendments and added new categories • Worked with IT to place the draft whistleblower Ordinance on city web-site so public can see it. • Sent an e-mail with the draft ordinance to all employees and citizen board members. • Will inform public at FYI at a commission meeting and a press conference. Mr. Sullivan went through the changes and additions to draft Ordinance 1775 with the board section by section. • Section 1 and 2 hasn't changed. • Section 3 in the definition `improper governmental actions' changes made were highlighted in yellow. This included taking out 'city' and 'or could reasonably be considered to harass'. This was also removed from section 6. • The board spoke about the meaning of fiduciary as a confidence or trust. • The highlighted portion of section 4 was moved from section 8 under post employment because it was a better location. • Ms. Frost asked why the library board and parking commission were called out, but not other boards they had identified previously. Mr. Sullivan explained that these are the only boards that have autonomy and hire their own staff. He said they can recommend taking those out or adding other boards. • Mr. Schultz spoke regarding language that an individual must clearly define whether they are acting on behalf of their position with the city or as a citizen. This prompted discussion about the line between free speech as a citizen and the best interest of employers. Legislating this issue in black and white language is extremely difficult and will have to be looked at on a case by case basis to apply facts to the general legislative statements. • Ms. Frost asked how verification will be obtained for section 2.01.030. Mr. Sullivan explained that the human resources department and Aimee Kissel will have everyone sign statements annually. • Section 5 —gender neutral amendments—more need to be found throughout • Section 5 — I. added the word action • Section 7— Conflict of interest—language wasn't very clear and could have potentially conflicted with state law 2 of 5 I huules of the Board of Ltlucs Ilcctnk(. \orenrhrr 11. 2009 • Mr. Sullivan explained how self-governing powers works and how local government laws can actually be more stringent than state law. • Section 7 A. is an umbrella statement with the other letters filling in the blanks. • Discussion took place about how to interpret Section 7. A. • Multiple provisions need to be read together as a whole to determine full meaning. • Section B. The only body that can move forward on an issue with a conflict of interest is the City Commission. Section H. allows for provisions so the Commission can act. • Section C — Mandate to publicly disclose for the record a conflict of interest and not participate. • Old section B —taken out because it makes free speech amendment rights difficult. This section is not necessary. • Section E— specific type of behavior. This section was discussed at length by the board including problems with a Iimited number of people within the city with specific expertise on the boards while also representing clients coming before the board. The board decided to look at this section separately at another time looking at whether a person is a sole practitioner, and if so can they bring a project through and what would they need to do to make things clear. • Section F— says that a person is not prohibited from exercising own individual legal rights on a matter pending before the city but there is a duty to make sure there is separation between that matter and job duties • Section 7—G. is new • Section 7— H. copying state law in our code of ethics as a notice provision • Section I. —comply with disclosure requirements in state law • Section 8. B. —moved elsewhere • Section 8 —new section B.: ensures not absolved from prohibition for contracting or obtaining employment— in addition to state code • Section 9— Public Notice—more specificity to disclosure. The board discussed this section in detail discussing how this would be operationalized. Additional language was added to section 9, B. `in a properly noticed public meeting'. And remove `in addition to the requirements to provide written notice above'. The first and last sentences would also be revised for clarity. B. then becomes an exception for the ten day noticing requirements in A.just for public meetings. • Section 11: adds `or training program'. • Section 10: Whistleblowing o Strike reference to H in D. 5. And have reference to entire 2.01.040. o Discussion regarding D. 2 and 6 and the difference between the two. o Discussion whether section 10 D. is all inclusive. Mr. Sullivan spoke regarding the possible schedule for having this Ordinance before the current Commission. 3 of 5 Ihmoe.s of the Board of Ethics I fcctm,�, \oremher IN 2009 Mr. Sullivan confirmed the changes the board would like to make to this draft of Ordinance 1775 for motion clarification purposes. • Make gender language neutral. • Section 7 subsection D. first line would say, `except as authorized pursuant to 01.07 H. rather than F • E. would be the same. • Section 9 adding a phrase in A. regarding any act prohibited under 2.01.110 A. 1 & 2. or re-phrasing/moving this reference for clarity • Section 9. B. add `in a properly noticed public meeting' and remove `in addition to the requirements to provide written notice above'. Clean last sentence up to indicate what they have to put on the record when they stand before the commission, board or agency. That would mirror requirements in subsection A. • Section 7 E. : will deal with issues in this section at another time • Section 10. Strike reference in B and D. 5. Motion and Vote to approve the 11/12/09 draft Ordinance No. 1775 with the changes to section 7, D and E, fixing the language in section 9 A and B, fixing the typo in section 10 A. 1, Section 10. B, and Section 10. D. 5 as discussed and described by Greg Sullivan. It was moved by Stephen Schultz, seconded by Melissa Frost to approve the 11/12/09 draft Ordinance No. 1775 with the changes to section 7, D and E, fixing the language in section 9 A and B,fixing the typo in section 10 A. 1, Section 10. B, and Section 10. D. 5 as discussed and described by Greg Sullivan. Those voting Ave being Stephen Schultz, Melissa Frost, Rodger McCormick. Those voting No being none. The motion passed 3-0. Greg Sullivan explained that the City Commission will now consider provisional adoption of this Ordinance during their regularly scheduled meeting on December 7, 2009. Board members stated they would be available to attend the Commission meeting in the event of questions from the Commission. F. Consider approval of proposal from Paul LachapeIle from the MSU Extension Local Government Center in the amount of$1,250. for research and writing assistance with the ethics handbook. Greg Sullivan explained he will write up an agreement for this item and discuss it with Mr. LachapeIle that the board can consider for approval at their next meeting. 4of5 Ihnndes of the•Board of Lilm% Ilec turn,. November 1'�. ?Oily The board discussed the proposal provided by the Local Government Center, providing positive feedback about the quote. Aimee Kissel confirmed that Paul Lachapelle had indicated he would be available for the next Board of Ethics meeting. G. New Business 1. Posting on City website Melissa Frost brought up the need to place ethics information on the city website soon prompting a conversation on developing this. • Clear link on the front page of the city site linking to an ethics page. Ethics page to include board e-mails, Ordinance, Question and Answer area, etc. • Reminder to board members to contact Brendan Steele with IT regarding setting up their e-mail accounts. H. Discuss future agenda topics • Agreement with Local Government Center • Discussion of handbook • Discussion regarding webpage — Stephen Schultz volunteered to meet with Marina Krob in the IT department to work on a webpage outline. Discussion in December, further details on this in January. • Several conflicts with the next meeting date December 9 —possibility of moving the meeting to December 10, 2009, subject to Mr. Lachapelle's schedule. • Greg Sullivan will try to have the new draft of Ordinance 1775 to the board early next week. • The board requested the Ordinance be the first action ' em. I. Adjourn (8 p.m.) Melissa Frost adjourned the meeting at 8:24 p.m. elissa Frost, Board Chairperson Prepared by: Aimee Kissel, Deputy City Clerk Approved on: FgJpVKRV'L4 to OR o to 5 of 5 l