HomeMy WebLinkAbout04-25-12 Agenda item H. Handbook revision Memorandum to the City of Bozeman Board of Ethics
FROM: Greg Sullivan, City Attorney
Aimee Kissel, Deputy City Clerk
MEETING DATE: April 25, 2012
RE: Agenda Item H. Approve language revisions within the
City Ethics Handbook that were previously discussed.
RECOMMENDED MOTION: I move to approve the language highlighted in yellow
below to be added to the Bozeman Ethics Handbook.
9. Can Employees or Officials Accept Gifts?
Gifts are undeniably a major topic of discussion for employees and officials. Questions
invariably arise as to whether it is a violation of the City Code of Ethics to accept a tin of holiday
cookies or even a free cup of coffee. City officials or employees are not permitted to accept a
gift, gratuity, or favor from any person or entity, except as authorized by state law (2.03.540).
The City Attorney determined in 2008 that the intent of the gift provision in the Bozeman
Municipal Code is to prohibit gifts offered because of a recipient's official position, regardless of
the value of the gift.
According to Montana state law, it is unlawful for an official or employee to accept a gift of
substantial value (defined as $50 or more), or of a substantial economic benefit that would
improperly influence a reasonable person to depart from their duties, or is primarily viewed as a
reward (2-2-104(l)(b). MCA).
The question is not whether a gift offered by a citizen is done with the intent to unduly influence
an official or employee. The question an employee or official must focus on is whether a
reasonable member of the public would view the gift as improperly influencing a reasonable
person to depart from their duties or is designed to reward that employee or official for official
action. Gifts that are exempt from state law include any gift that is returned or given to charity
and any of the following:
Food and beverages consumed on the occasion when participation in a charitable, civic, or
community event bears a relationship to the public officer's or public employee's office or
employment or when the officer or employee is in attendance in an official capacity;
Educational materials directly related to official governmental duties;
Public award recognizing public service; and
Educational activity that does not appear to place the recipient under obligation, clearly serves
the public good, and is not lavish or extravagant(2-2-102(3)(b). MCA).
City officials or employees are not permitted to accept loans at a substantially lower rate or
compensation at a substantially higher rate(2-2-104(2). MCA).
The City Attorney routinely advises employees and officials on a case-by-case basis regarding
whether acceptance of a gift is lawful; erall e° n�y, the acceptance of anM gift to a public employee
or official is prohibited under the Bozeman Municipal Code (for more information on contacting
the City Attorney, see Section 17 of this handbook).
BACKGROUND: City Attorney Greg Sullivan added the highlighted language to the Code of
Ethics to clearly indicate the city's position regarding gifts and clarify that he is the main contact
for more information. Boards of Ethics members have informally indicated their approval of this
language. The suggested motion would serve to more formally render this opinion.
Report by: Aimee Kissel on 4-23-12