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HomeMy WebLinkAbout06-21-12 Board of Ethics Minutes, draftMINUTES OF THE MEETING OF THE BOARD OF ETHICS JUNE 21, 2012 BOZEMAN, MONTANA These minutes are not word for word. The audio for this meeting is of inferior quality and is therefore not available. The Board of Ethics of the City of Bozeman met in the Madison room, City Hall at 121 North Rouse on Thursday, June 21, 2012. Present were board members Chris Carraway and Melissa Frost. Staff present was City Attorney Greg Sullivan and Human Resources Director Tricia Gowen and City Manager Chris Kukulski for the first half of the meeting. A. Meeting Called to Order Melissa Frost called the meeting to order at 3:08. B. Election of Officers Board members decided to postpone election of officers until the third board member, Mary Jane McGarity could be present. Chris Carraway did volunteer to be the next chairperson. C. Public Comment Melissa Frost opened public comment. No person commented. Melissa Frost closed public comment. D. Approval of the April and May, 2012 Minutes. Board members Chris Carraway moved to approve the April and May minutes, Melissa Frost seconded. The minutes of April and May, 2012 were approved unanimously. D. Disclosure of information or comments received. None. E. Staff Report Human Resources Director Tricia Gowen reported that quite a few new and seasonal employees have recently taken the online ethics course. City Manager Chris Kukulski spoke regarding transitioning in the future from Greg Sullivan doing a lot of the hands on work for the board to either the Human Resources Department or the Clerk’s office. He will still be available for advising and review of Ordinances, etc. Mr. Sullivan explained that in an effort to prioritize his workload more effectively, he will no longer be able to be responsible for making sure items are completed for the Board of Ethics meetings. While he will still be active during the meetings, he will not be able to draft memorandums. For example, the analysis of conflicts of interest, similar to the analysis provided to the board for gift provisions will need to be completed by another staff member as other priorities need to take precedence in the legal office. Mr. Kukulski explained that city staff is reviewing ways to transition the city advisory boards into different formats. Citizen engagement models such as task forces and working groups may be one solution to either expand the capabilities of city staff, rather than increasing staff work load or by separating the boards from the city so the work of the boards can still occur but will have separation from the city. Mr. Kukulski spoke regarding the differences between boards that have an oversight role and boards that are advisory and the ability for outside groups to have just as much influence in an advisory capacity as a city board would have. Ms. Frost spoke regarding the eventual goal of the Board of Ethics to be a much less active board, meeting less and dealing with items as they come up from the filing of a complaint or preparation for the yearly ethics training. Since the Board of Ethics began meeting, they have been dealing with revisions to the ethics code. Mr. Kukulski spoke regarding the future emphasis of the Board of Ethics becoming keeping abreast of ethics issues to ensure readiness for a possible hearing. Ms. Frost spoke regarding examining at the next meeting what major tasks still need to be undertaken by the Board. Mr. Kukulski spoke regarding how grateful the city is to have three committed board members who are so engaged in putting the effort in to make needed revisions in an informed, thoughtful manner without political motives. H. Prepare for 6-25 City Commission meeting action item 5: Chris Kukulski said Mr. Sullivan provided the City Commissioners with information prior to the release of the 6-25 packet materials to help them understand the changes that the board is proposing to the gift provisions in preparation for the 6-25 meeting. Ms. Frost said her biggest fear for the 6-25 commission meeting is a rehashing of all the arguments that have already been discussed when this item was brought before the Commission previously. The Board discussed the location of the ethics item on the Commission agenda. Board members were advised to email Mr. Sullivan during the meeting for a progress update, but plan on the Commission getting to this item around 8 p.m. Mr. Carraway spoke regarding beginning with information on what the City Charter requires and then explaining that we currently have a provision that says no gifts whatsoever which does not address the underlying issue of using public office for private gain. Board and staff continued discussion on where the line on gift provisions should be and how to approach the Commission with that information. Mr. Carraway spoke about the difficulty of talking about this subject without being misquoted or misrepresented in the media. Ms. Gowen referred to a triangle being used in a staff meeting as a way to illustrate the recommended gift provision. The first leg of the triangle being, you can never except a gift that is meant or will influence a person (even though in state statute this is not the case). The second leg of the triangle being that a gift can never be accepted that is meant to reward a person for a decision already made. The third triangle sets a limit on a dollar figure and sets parameters. The board emphasized the need to state that the recommendations to the gift provision are still more stringent than state law. Board and staff further discussed current problems with the gift provision as written. Mr. Carraway further spoke regarding the strategy for discussion with the Commission. Mr. Carraway asked for further examples that would illustrate subsection C. Mr. Sullivan spoke regarding an invite to Commissioners for dinner at a new restaurant and the need to decline that invite as the current provisions are written as the dinner invite at an open house was provided due to the Commissioners capacity as a public official. Another example would be admission or food being provided free of charge at an event where the elected official was asked to attend because they were representing on behalf of his or her official capacity. Board and staff spoke further about the specifics of the recommended revisions to the Gift Provision: Under $25 – allowable if it satisfies… Outright prohibition if: Reward, influence and $100 or more. $25 to $100 requires disclosure statement so public and board can look at it. Exclusions: What is not a gift? Mr. Carraway will provide a PowerPoint presentation for the 6-25 meeting. City Manager Chris Kukulski left the meeting. G. Bozeman Municipal Code Section 2.03.540 – Gift Provisions Review and approve Board of Ethics Resolution No. 2012-01; A Resolution recommending revisions to the Bozeman Municipal Code Section 2.03.540 and setting forth an intent statement for this section. Mr. Sullivan explained that creating this Resolution provides an easier way to track why, when and how this decision was made as opposed to just seeing the decision reflected in the minutes. Mr. Sullivan said he would use the recitals from the Ordinance drafted for the Commission within this Resolution. He would like to provide a signed, approved resolution to the Commission on 6-25. Staff and Board members reviewed the draft resolution. The Board shut off the recording as they spent time looking over the Resolution. The recording did not resume prior to the vote. Motion and Vote to approve Board of Ethics Resolution No. 2012-01 as amended in this meeting. The motion passed unanimously. K. FYI / Discussion Upcoming Schedule: June 25th City Commission meeting August?: Policy Discussion with Commission regarding conflicts of interest, post-employment and the definition of personal interest Board members discussed heading in the same direction as before and going over the prior bullets the board established as needing to be addressed. The board discussed whether they would like going before the Commission in a policy discussion with all of these items or attempting to discuss these subjects one at a time with the Commission. L. Adjournment Melissa Frost adjourned the meeting. ___________________________________ Melissa Frost, Board Chairperson Prepared by: _______________________________ Aimee Brunckhorst, Deputy City Clerk from an audio recording (not present at meeting) Approved on:____________________ Attachments: