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HomeMy WebLinkAbout11-16-11 Board of Ethics Minutes MINUTES OF THE MEETING OF THE BOARD OF ETHICS NOVEMBER 16, 2011 BOZEMAN, MONTANA Please Note: The audio recording of this meeting is available in the folder hitp:llweblink.bozeman.net/WebLink8/0/fol/44506/Rowl.gApx 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 Hall at 121 North Rouse on Wednesday,November 16, 2 esent were board members Chris Carraway, Melissa Frost and Mary Jane McGarity. Also "' t were City Attorney Greg Sullivan and Deputy City Clerk Aimee Kissel. Various staff jo them at 2:30 for a mock trial_ (See list of characters within the minutes A. Meeting Called to Order Melissa Frost called the meeting to order at 2:00 p.m B. Public "k, Melissa Frost opened public comment. No person commented. so Melissa Frost closed public comment. ° C. Approval of October 19, 2011 minutes It was moved by Mary Jane McGarity, seconded by Melissa Frost to approve the minutes of October 19, 2011 as edited by Mr. Carraway in writing. The motion passed unanimously. D. Disclosure of information or comments received. None. E. Staff Report City Attorney Greg Sullivan reviewed with board members procedures to follow for the mock trial. He explained he met with all the staff that will be acting during the mock trial and gave them the complaint, response and fact pattern. He did not prescribe how things would work for them and asked them to be creative and have fun. Tim Cooper acting as the defendant's attorney 1 of 4 Minutes of the Board of Ethics, November 16, 2011 asked several clarification questions and Mr. Sullivan provided some made up answers. These were: • Vote when Commission approved the contract. Answer: 4 to 1 with Mayor Olie Korupt dissenting. • Prior relationship between complainant and Commissioner? Answer: Commissioner Johnson and employee Swanson do not have any history, other than Ms. Swanson and Commissioner Johnson were involved in a minor fender bender prior to Mr. Johnson's tenure on the Commission. Ms. Swanson was cited for failure to yield and paid a fine. The damage to Mr. Johnson's electric 3 wheel scooter was minimal and was paid by Ms. Swanson's second employer. In addition to her employment at the city, she worked part time for a rural fire district as a book keeper. The city is aware of this second job and approved it per the city employee handbook. Chris Carraway will act as the hearings officer as previously decided during the 9-21-11 meeting. Greg Sullivan said board members have a lot of flexibility about the process. The code authorizes the board to create procedures for how they conduct hearings. This hearing will help determine what those procedures should be. Chris Carraway said he would like the parties to ask the questions but then when they're done, any board member can step in and probe evidence. Greg Sullivan confirmed `the rules of evidence' do not apply. The board can evaluate an objection and decide whether it is fundamentally fair. Mr. Sullivan and board members discussed the findings of fact. The board spoke briefly about financial interest and how it pertains to the mock trial. They examined the wording, "An interest which will result in monetary benefit." and wondered when the Commissioner and Fischer's planned their trip and whether they planed the trip before the vote in the committee. The board discussed how if this was a real trial the stakes would be very high as careers and reputations would be on the line. BREAK F. Conduct Mock Trial Staff introduced themselves as themselves and as their characters. 2 of 4 Minutes of the Board of Ethics, November 16, 2011 Characters: Complainant Cyndy Swanson to be played by City Planner Courtney Kramer. Complainant Council played by City Attorney Susan Wordal. Commissioner Jack Johnson to be played by Commissioner Carson Taylor. Defendant council played by City Attorney Tim Cooper. Finance Director Charlie Russell to be played by Asst. City Manager Chuck Winn. Mayor 011ie Korupt to be played by Asst. City Manager Chuck Winn. Alex Fischer to be played by City Planner Allyson Bristor. Mr. John Fischer to be played by Superintendent of Water and Sewer John Alston. Jones Stan&Associates President to be played by Economic Director Brit Fontenot. Chris Carraway called the mock trial to order. Mr. Carraway explained the board will hear preliminary opening statements from each party starting with the complainant and then the complainant will be able to call her first witness. [Please refer to the audio recording for details of the mock trial.] Several hours later... Chris Carraway adjourned the mock trial. Board members, Commissioner Carson Taylor and Greg Sullivan discussed the content of the mock trial and their views about the outcome as well as the procedural process. Greg Sullivan began a discussion with the board regarding procedural options from this point in the process. • If board members have questions for witnesses after they have left the stand: • Ask them back to the stand later, or... • During deliberation after trial can call witness back and put them under oath again • Tricky situations when board members just do not believe a witness. Hopefully have enough evidence without having to determine truth. • Appearance of personal interest • Disclosure and transparency • Weight of the evidence indicates to me .... • After deliberation, instruct attorney to write up findings of facts and conclusions of law and then board would vote to approve the conclusion in a public meeting. • Ability to forward a formal recommendation to anyone who has administrative authority over the person. • If criminal activity or violation of state law - to forward to the County Attorney • Factual perspective, lots of evidence irrelevant. • Decision possible just on the findings of fact on paper but nuances come out in the trial. 3 of 4 Minutes of the Board of Ethics, November 16, 2011 • Property/planning issues are most likely to result in conflict of interest issues • Board may want to establish a set of hearing procedures to adopt. • Procedural rules, excluding witnesses (board would decide) • Ability to ask after board questioning concluded, whether either party has any follow up questions • Reality—complainant would not likely be involved past reporting they think something is a violation. Complainant may not have an attorney. • Careful that no retribution against `whistleblower'. • Board could call witnesses that defendant did not call. List from defendant ahead of time • Affidavits okay? • Recorded or not? Court transcriptions Possibly conduct another more nuanced mock trial sometime in the future. I. FYI/Discussion 1. December meeting moved to one week earlier, December 14th at 3 p.m. due to the holiday season. 2. Next steps for the board: • Revisions to ethics Ordinance such as gift and conflict provisions. • Review current survey conducted by Betsy Webb at Local Government Center • Review last year's survey regarding the effectiveness of the online training • Discuss and plan upcoming ethics training for employees and board members 3. January meeting: • Possibly begin establishing trial procedures • Vote on vice chair board position J. Adjournment Melissa Frost adjourned the meeting at 6:06 p.m. Melissa Frost, Board Chairperson Prepared by: Aimee Kissel, Deputy City Clerk Approved on: 4 of 4