HomeMy WebLinkAbout04-07-10 Board of Ethics MinutesMINUTES OF 'I'HE MEETING OF THE BOARD OF ETHICS
BOZEMAN, MONTANA
Please Note: The audio recording of this meeting is available. These minutes are not Ford 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 Hall at 121 North
Rouse on Wednesday, April 7, 2010. Present was Board member Melissa. Frost, City Attorney
Greg Sullivan, and Deputy City Clerk Aimee Kissel. Also present was Paul Lachapelle with the
Montana State University- Extension, Local Government Center and citizen Diane Dorgan.
A. Meeting Called to Order
Chairperson Melissa Frost called the meeting to order at 6:13 p.m.
A quorum of board members was not present. Chairperson Frost opened a work session
on the draft ethics handbook.
B. Public Comment
Melissa Frost opened public comment.
April 7, 2010
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Diane Dorgan, Public Comment
Ms. Dorgan said she went over the draft and it looks really good other than some minor typos.
Seeing no further public comment, Melissa Frost closed public comment.
D. Discussion and /or decisions regarding draft of the ethics handbook.
A conversation took place regarding schedules and the deadline for the handbook. The Board
will continue moving forward keeping the deadline in mind, but not attempting to rush to
approval of the handbook.
A discussion took place regarding what staff should see the draft of the handbook prior to
bringing it before the Commission.
When the Board is comfortable with a draft, those present spoke regarding sending it to the
following groups for comments:
Department Meads
Peer Review through Paul. He'll ask Jane Jellinski, Ken Weaver and Dan Clark.
folllIc'S 101' the nreenng on 1pol 2010
o Randomly choose 5 to 10 employees for comments?
o Outreach on the website?
o Email out to all the employees?
o Email out to citizen advisory board members?
Paul Lachapelle
Mr. Lachapelle explained that he and Greg Sullivan met for two hours to work on this draft in
detail. Mr. Sullivan made substantial contributions to content.
Discussion took place on the following edits/comments on the handbook draft:
Comments emailed from Stephen Schultz
o Adding City mission statement?
Add logo style of core values underneath the preface. Aimee to email to Paul.
Table of Contents will hyperlink to correct section.
Use one space after periods instead of two.
o Roman numerals or alpha and headers and footers?
O Production issues will address later.
Edits/Comments from Melissa Frost
o Some of the language edits will be provided to Mr. Lachapelle from Ms. Frost through
track, changes.
Section 6, last sentence regarding vehicle use policy question regarding meaning.
o Decision to remove 'except when such use is for the benefit of the city... and add,
The City also has a specific use policy, see Administrative Order 2007-03.'
o Section 7, last sentence should say, 'rather than'.
Section 8, first sentence has a quote. Quotations need added.
Section 8, first paragraph Changed sentence to read, City officials or employees are
generally-not permitted, without legal authority to disclose confidential information.
o Cite 2.01.080A after above sentence.
o Section 10, last sentence, first paragraph regarding wording of notification of financial
disclosure.
Decision to change wording to "The annual filing of a Financial Disclosure
Statement is required for officials and employees who are determined by the City
Manager and City Commission to be "major financial decision makers." A list of
those individuals will be created annually by the City Finance Director and the
Personnel Director and individuals will be periodically notified.
Section 11, italized sentence needs an or.
o Section 11, change Clerk of the City Commission to City Clerk.
o Section 11, last sentence of first paragraph, change the word controlled.
o Decision to change 'controlled by' to 'subject to'.
Section 11 break up section.
o Section 12 first sentence decision to change and impartiality' to 'and bais'
Section 12 take out the sentence As such, "ex parte" communications are discouraged.'
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Discussion took place regarding ex parte communication.
Section 13 Decision to end second sentence at 'report violations' striking the rest of the
sentence.
o Section 14 Other places besides state law? Exist in other sections of draft, this section
just about state law.
o Mr. Lachapelle pointed out a discrepancy between the Charter and the Ethics Ordinance
saying the Charter calls out 'annual training of city officials, city boards and employees'
while the Ordinance only calls out board members. (140 sub 14) To be reviewed by the
Board at a later date.
o Section 14 Decision to take out the word 'Generally' in first sentence.
Section 14 third paragraph, add to first sentence, "According to state law"...
o Section 14, first sentence add 'with' after contract.
o A discussion took place regarding post employment prohibition time frame discrepancies
between state and city law.
o Section 11 referenced in Section 14.
Section 14 after (See Section 11) add the sentence, "It's important for employees and
officials to remember the prohibition on post-employment activity lasts for twelve
months unless disclosure is made.
o Section 11 after italics need a discussion on 'act on behalf of' in section 2.01.110 A2
Greg will submit this wording.
o Section 14 Discrepancy between state and municipal definition of employee.
o Section 14 Add state definition of employee after first sentence.
Section 14 first sentence should say the state law on nepotism.'
Section 14 change 3 sentence to say 'While state law related to nepotism applies only
to these "blood" relationships,...'
o Section 15 second sentence take out the word certainly and possible.
Edit from Aimee Kissel
The addresses listed need the mailing address listed:
Physical address: 121 North Rouse Ave., Bozeman, MT 59715
Mailing address: P.O. Box 1230, Bozeman, MT 59771
Edit from Greg Sullivan
Within disclaimer at beginning of handbook add the words 'or code' after see the full
statutes.
Paul Lachapelle spoke regarding the ability of the graphics department at Montana State
University can handle production. They charge $30. per hour and would be able to handle the
lay-out.
Discussion took place regarding the next steps to be taken.
o Mr. Sullivan has one revision to section 11.
Mel Frost will forward additional grammar edits to Mr. Lachapelle by the 19`
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o Mr. Lachapelle will work on edits provided and forward a next draft to the Board by
April 21' at 5 p.m.
o Board of Ethics meets again on April 28 to look over next draft.
After the 28 review, forward draft work version to peer review, staff, random
employees, select board people (chairs), and possibly Commission.
o May look at comments provided and possibly make more edits.
Approximately end of May, Board of Ethics make a motion to adopt a draft.
Reminder of upcoming projects the board will need to work on:
o Mock hearing
Revise Sections 7, 8 and 9 of Ethics Ordinance
Work on Ethics webpage for City website.
A discussion took place regarding not needing a separate phone number for the Board of
Ethics. People can contact the Board through the City Clerk's office.
Adjourn
Melissa Frost adjourned the meeting at 7:42 p.m.
Prepared by:
Aim Kissel, Deputy City Clerk
Approved on: 4 to
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elissa Frost, Board Chairperson