HomeMy WebLinkAboutBoard of Ethics Resolution No. 2012-02, Determining Community Climate Action Plan Working Groups are not subject to code of ethics k
ci
er��ca.►R°
CITY OF BOZEMAN BOARD OF ETHICS
RESOLUTION NO. 2012-02
A RESOLUTION OF THE BOARD OF ETHICS OF THE CITY OF BOZEMAN,
MONTANA, DETERMINING THAT COMMUNITY CLIMATE ACTION PLAN
WORDING GROUPS ARE NOT SUBJECT TO THE CITY OF BOZEMAN CODE OF
ETHICS.
WHEREAS, The Bozeman City Charter approved by the electorate in 2006 mandated
that the city commission implement a conflict of interest prohibition by ordinance, establish an
independent Board of Ethics and appropriate sufficient funds to the city manager to provide
annual training and education of city officials, city boards, and employees regarding the state and
city ethics codes; and
WHEREAS, The City Commission adopted Ordinance No. 1726 in December, 2007
providing for the amendment of the Bozeman Municipal Code by revising the Ethics Chapter of
the Code to conform to the adopted Bozeman Charter, including creating the Board of Ethics and
amending definitions in the Code; and
WHEREAS, The City Commission further revised the Code of Ethics within the
Bozeman Municipal Code with the adoption of Ordinance No. 1759 in May, 2009; and
WHEREAS, the duties and powers of the Board of Ethics enumerated in Bozeman
Municipal Code (BMC) Section 2.03.600 includes recommending any legislative or
administrative actions regarding the City's policies and practices which the Board believes
would or could enhance the ethical environment in which public servants work; and establish a
Page 1 of 3
process for systematically and regularly evaluating all significant aspects of the administration
and implementation of this Chapter and;
WHEREAS, Resolution No. 4358 created and defined the purpose and structure of
Community Climate Action Plan Working Groups to assist and advise staff with implementation
of the Climate Action Plan; and
WHEREAS, the Board of Ethics was asked by city staff at a duly noticed meeting on
May 23, 2012 to detennine whether members of the Community Climate Action Plan Working
Groups are subject to the City Code of Ethics.
NOW, THEREFORE, BE IT RESOLVED by the Board of Ethics of the City of
Bozeman, Montana, that:
Section 1
The Community Climate Action Plan Working Groups are not subject to the City of Bozeman
Code of Ethics. This decision was made via motion and vote after a discussion regarding the
definitions in 2.03.480 BMC persons covered and 2.03.470.A9 BMC definition of official.
Board members determined that the working groups have unique characteristics that distinguish
them from a traditional board or committee model such as their temporary nature and their task
oriented purpose. Members of working groups are not appointed by the City Commission and are
not designed to be advisory to the Commission as a board would be. They are self selected
volunteers assisting staff with tasks that have already been prioritized and approved by the City
Commission. Climate Action Plan Working Group members therefore do not fit into the
definitions within the Code of Ethics of persons covered or the definition of official. Since
members do not fit into these definitions, they are not subject to the City Code of Ethics. This
decision was memorialized on May 23, 2012 with a motion made by Chris Carraway and
seconded by Mary Jane McGarity that members of the Community Climate Action Plan
Working Groups are not subject to the City Code of Ethics. The motion passed unanimously.
Section 2
The Board of Ethics requested that the Community Climate Action Plan Working Groups
voluntarily become familiar with the City Code of Ethics and comply with the Code whenever
applicable. Staff was asked to provide the Working Group members with the Ethics Handbook
and though not mandatory, staff are to encourage members to take the online ethics training
provided by the City.
Page 2 of 3
Section 3
Board of Ethics members and city staff determined that Resolutions creating working groups in
the future would have a statement as to whether the group would be subject to the Code of Ethics
and how compliance with the annual training would occur.
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.
Z -Melissa Frost, Chair, Board of Ethics
ATTEST:
AI EE KISSEL
Deputy City Clerk
JAPP VED AS TO FORM:
SULLIVAN
City Attorney
Page 3 of 3