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Home My WebLink About05-20-10 Minutes, Board of EthicsMINUTES OF THE MEETING OF THE BOARD OF ETHICS BOO ;MAN, MONTANA Thursday, May 2.0, 2010 Please Note The audio recording of this meeting is available. These minutes are not tii , ord 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 City Commission room, City Hall at 121 North Rouse on Thursday, May 20, 2010. Present were Board members Melissa Frost, Stephen Schultz and Rodger McCormick 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 3:12 p.m. B. Public Comment Melissa Frost opened public comment. C. Disclosure of information or comments received. Rodger McCormick said an employee of the City spoke to him at Taco John's asking him if he was on the whistleblower committee. Mr. McCormick answered that he was on the Board of Ethics. The gentleman said he would like to visit with Mr. McCormick in the fixture. Discussion took place regarding how board members should handle speaking with people that approach them. Mr. Sullivan said that would be fine but would caution board members to limit . informal conversation and if the person did want to file a complaint, etc. that should be done in , ATiting. If someone came to a board meeting to air a grievance, that would be fine as well. If the grievance was regarding a particular individual, the chairperson could make a finding that the matter concerned a right to individual privacy and could weigh the merits of disclosing that information to the public and then the meeting could be closed. D. Approve Minutes from April 27, 201.0. Melissa Frost corrected the minutes, saying she will be gone the last two weeks of July. Motion to approve the minutes as corrected from April 27 2010. It was moved by Stephen Schultz seconded by Rodger McCormick to approve the minutes from April 27, 2010 as corrected. Those voting Aye being Stephen Schultz Rodger McCormick and Melissa Frost.. Those voting No being none. The motion 12assed 3 -0. 1 of 5 llmvfk of Ilic Board of 1,thic\, Wen 20 2010 E. Discussion and/or decisions regarding draft of the ethics handbook. 1. Review comments received from staff/peers regarding draft of handbook. * Less than half of the reviewer's turned in their comments before the deadline. The Board decided not to include comments that may come in at a later date unless someone such as HR had an important change, etc. Comments that were received were very substantive. * The Board chose to split the reviewer's comments between board members and go through the handbook page by page. * See marked up draft for additional details. Cover Page and Preface • Change the logo to better black and while logo. • When to capitalize? Leave to copy editor. • Last sentence under preface take the word 'at' out. Page I • Section 1, second paragraph: Appear instead of appears • Appointed official(s) • Section 2, middle: take out the word law after State Code of Ethics • Section 2: in addition to "City Code of Ethics". Make sure throughout says "City Code of Ethics". • Section 2: Last paragraph — of 'the' City of Bozeman Page 2 • Section 3: Reviews or outlines does not 'establish legal requirements' Board chose to change establish to discusses. • Section 3: Discussion regarding additional users of the manual. A decision was made to say the handbook is written for all persons interested in the operation of Bozeman city government, including city employees and elected or appointed officials • Section 4: hereafter instead of herein • Section 4: refer to Board — so take out of ethics. • Section 4: Discussion ensued regarding, what process is being referred to in the bulletin point. Decided to take out reference to a process. Paae 3 • Section 5: reviewer would like the word morally removed. Mr. Sullivan pointed out this language was from the City Code of Ethics. • Section 6: City officials and employees PIM lhawe,� ol the Board ol hhic:� I toA 20 2010 • Section 6: change personnel to resources • Section 7: Definition of conflict of interest as first sentence? Where to place? • Change to: In between first and second sentence add: While others provide specific direction • Remove semicolon after the word both, • Remove 'and which an employee or official can turn to' • Change disclose to disclosure • Section 8: Change the word sunshine to 'open government • Change put this into play to 'achieve this'. • Second paragraph take out the word 'also'. • Section 9: Discussed hyperbole. Decided later in the meeting to keep. Pap,c 5 • Split first sentence in half ending at employee, taking out the word rather. • First paragraph, last sentence take out 'the' state law, • After bullet points, take out the word 'Additionally'. • Discussion regarding additional details in gifts. A decision was made not to go into further detail with examples. Employees should ask city attorney as situations arise and keep the handbook as general concepts, • Section 10: paragraph I change last sentence to: ' A list 'is' created... Change Personnel to Human Resources... 'are' notified annually. • Section 10: paragraph I add a last sentence saying, 'The City Clerk stores all submitted disclosures.' Section 10: paragraph 2 change first sentence to 'In addition, the finance department creates a list for each department of vendors... Section 10: add last sentence saying, 'The list of vendors is maintained by the finance department. Page 6 • Section 11: Discussion took place regarding complexity of first paragraph. Decision not to change. • Paragraph 2: Site code 2.0 1.0 L I O.A. I • Discussion took place regarding whether to use examples here. Decision not to add examples. • Take out brackets. • Take out 'office of before City Attorney throughout. 3 of 5 IMILM Section 13: take out semicolon after violations making two sentences. C: ily Code of Ethics Space instead of— in whistle blower More discussion on improper governmental action? Page 8 • Section 14, first paragraph take out `additional' • Third paragraph take out `several other provisions and exceptions detailed in' from last sentence. • Fourth paragraph turn first sentence into two sentences after code citation taking out `thus' 'age 9 • Section 15: take out apostrophes in first sentence and change the word operate to `serve'. • Discussion regarding whether to include more examples — decision not to. • Section 15: cite code • Section 16. move the word additional Page 10 • Section 17: Change Office to Department in address. • Section 18: Remove second sentence. Change `may' to `shall' in third sentence. • Remove the sentence `The contact information for the Board of Ethics is:' Discussion took place regarding the next steps for the handbook. • Ms. Kissel will make revisions to the draft handbook and email to Mr. Lachapelle. Mr. Lachapelle will be asked to find a copy editor and request a final draft back to the board the first week in June. • After one last read, the Board can approve the final draft and recommend it to the City Commission. F. New Business Ms. Kissel spoke regarding the creation of a new City of Bozeman website. Editing will be allowed by department making it much easier for the Board to submit content for the Ethics page.. No other new business. 4 of 5 11mitteN W Me Boont of Ltlncs. 11(n 20. 2010 G. Discuss future agenda topics, 0 Approval of the ethics draft. H. Discussion and/or decisions regarding changing the day and time of the meetings. The Board decided to meet next on Thursday, June 3' at 3 p.m. I. Adjourn (5 p.m.) Motion and Vote to adjourn. It was moved by Rodger McCormick, seconded by Stephen Schultz to adjourn the meeting. Those voting Aye being Rodger McCormick ,Stephen Schultz and Melissa Frost. Those voting No being, none. The motion passed 3-0. The meeting was adjourned at 4:51 p.m. Prepared by: AimJ Kissel, Deputy City Clerk Approved on: :Z?q 3� C120/0 5 of 5