HomeMy WebLinkAboutBoard of Ethics Resolution No. 2012-01, Recommending to the City Commission Revisions to BMC 2.03.540, Gift Provisions CITY OF BOZEMAN BOARD OF ETHICS
RESOLUTION NO. 2012-01
A RESOLUTION OF THE BOARD OF ETHICS OF THE CITY OF BOZEMAN,
MONTANA, RECOMMENDING TO THE CITY COMMISSION REVISIONS TO THE
BOZEMAN MUNICIPAL CODE SECTION 2.03.540, GIFT PROVISIONS.
WHEREAS, Section 7.01(b) of the Bozeman City Charter establishes an independent
Board of Ethics and the duties and powers of the Board of Ethics are established at on 2.03.600,
Bozeman Municipal Code (BMC) and include the authority to regularly evaluating all significant
aspects of the administration and implementation of the City's Code of Ethics; and
WHEREAS, over the course of several public meetings the Board of Ethics reviewed
proposed revisions to 2.03.540, BMC, related to gifts, gratuities and favors and voted on May
23, 2012 to forward to the City Commission the revisions to 2.03.540 set forth in this Ordinance;
and
WHEREAS, the Board of Ethics voted on May 23, 2012 to forward to the City
Commission the revisions to 2.03.600 set forth in this Ordinance for the purpose of ensuring
compliance with the Charter requirement for all officials to attend the annual ethics training by
specifically providing a Iist of those who fail to attend and authorizing removal of appointed
officials for failure to attend the required ethics training.
NOW, THEREFORE, BE IT RESOLVED by the Board of Ethics of the City of
Bozeman, Montana, that:
Section 1
A recommendation is made to the City Commission to amend Section 2.03.540 Gift Provisions
within the Bozeman Municipal Code. Board members memorialized this decision by motion and
vote during their May 23, 2012 meeting. It was moved by Chris Carraway, seconded by Melissa
Frost to accept the 5-23-12 draft of the 2.03.540 gift provision amendments with the addition of
including relationship in the disclosure statement. The motion passed unanimously.
Recommended revisions are as follows:
See. 2.03.540. - Gifts, gratuities and favors.
A. Legislative Intent. The intent of this section is to further implement the declaration of policy
set forth at 2.03.460 and establish specific standards of conduct related to ig fts., Uatuities, and
favors that are provided to a person because of a person's employment or official position with
Page 1 of 3
the City. These standards recognize legitimate governmental interests exist that allow an
employee or official to accept a ig ft, gratuitv or favor in Iimited circumstances without such
acceptance.being considered the use of public office for private gain. These interests include but
are not limited to establishing effective relationships with.citizens, acceptance of professional
and community awards for public service, and attending public events in an official capacity. At
the same time, these standards make it clear that each public officer and employee holds such
office or employment as a public trust.
B. No official or employee shall accept a gift, gratuity, or favor from any person or entity;;
exeept as authorized by4a-w.
1. That would tend improperly to influence a reasonable person in the person's position
to depart from the faithful and impartial discharge of the person's public duties
2. That the person knows or that a reasonable person in that position should know under
the circumstances is primarily for the purpose of rewarding the person for official action
taken; or
3. Has a value of$100 or more for an individual.
C. An employee or official mqy accept a gift, gratuity, or favor that has a value greater than
$25 but less than $100 for an individual only if such gift, gratuity or favor:
1. complies with 2.03.540.B.I and 2; and
2. is provided incidental to and in conjunction with a public event where the official or
employee's attendance is in fulfillment of their official duties.
D. Upon the acceptance of a gift, gratuity, favor or award pursuant to 2.03.540.0 the recipient
shall file a disclosure statement with the Board of Ethics. Such disclosure statement shall
indicate the gift, its estimated value, the person or entity making the gift, the relationship to
the employee or official, and the date of the gift. The disclosure statement is a up blic
record.
E. A gift, gratuity, or favor does not include:
I. Items or services provide an employee or official in their private capacity and without
relationship to their employment or official position;
2. A prize received upon a random drawing at an event where the official or employee
attends in their capacit ryas an employee or official the drawing is open to all
attendees, and receipt of the prize does not place the official or employee under
obligation; or
Page 2 of 3
3. An award publically presented to an employee or official in reco ition of up blic
service.
Section 2
That Section 2.03.600.A.14 of the Bozeman Municipal Code shall be amended to read as
follows:
2.03.600.—Duties and powers of the board.
A.
14. In coordination with the city attorney, city manager, and other appropriate city personnel,
arrange for the conduct of an annual workshop, which shall serve as an orientation for new board
members and an opportunity for experienced members to explore specific issues in depth_;
a. aAttendance at this workshop shall be made a condition of service as a member of the
board, and, before taking office,board members shall commit themselves to attend it.
b. The City CIerk shall forward to the Commission annually a list of officials who fail to
take the training required under this section and the Charter. The Commission may_ remove
an official for failing to take the required training.
PASSED AND APPROVED by the Board of Ethics of the City of Bozeman,
Montana, at a regular session thereof held on the 21St day of June, 2012
cost, Chair, Boa cs
ZZ
ATTEST: sy: 011 '`y�
♦ �e�r=Jr �a� �
7.1 N co APP OVE TO FORM.
LLI VAN
City ttorney
Page 3 of 3