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Home My WebLink About02-15-12 Board of Ethics Minutes MINUTES OF THE MEETING OF THE BOARD OF ETHICS FEBRUARY 15, 2012 BOZEMAN, MONTANA Please Note: The audio recording of this meeting is available in the folder http://weblink.bozeman.net/WebLink8/0/fo1/44506/Row1.aspx 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 Madison room, City Hall at 121 North Rouse on Wednesday, February 15, 2012. Present were board members Chris Carraway, Melissa Frost and Mary Jane McGarity. Staff present was City Attorney Greg Sullivan and Deputy City Clerk Aimee Kissel. A. Meeting Called to Order Melissa Frost called the meeting to order at 3:06 p.m. B. Public Comment Melissa Frost opened public comment. No person commented. Melissa Frost closed public comment. C. Approval of November 16, and December 14,2011 Minutes. Motion and Vote to approve the minutes of November 16 and December 14, 2011 minutes. The motion passed unanimously. D. Disclosure of information or comments received. None. E. Staff Report None. F. Debrief from presentation to City Commission on February 13 The Board of Ethics members spoke regarding the impressions they received from the Commission and their thoughts on the task ahead. 1 of 5 Minutes of the Board of Ethics, February 15, 2012 • Commission would like recommendations on the code of ethics to be brought before them fairly soon • Board members feel close to accomplishing revisions. • Krauss—gift—Wasn't necessarily the amount, but as Mayor there are things he must do • Line drawn between Mayoral duties and gifts H. Review Gift, Conflict of Interest and Post Employment Provisions for possible revisions— (this item moved up on the agenda) City Attorney Greg Sullivan provided an explanation of the purpose and creation of the Charter. Mr. Sullivan provided and explained the attached memorandum to the board titled Ethics Code provisions implementing the Charter;proposal for addressing gifts and discussion on post- employment activities in the City and State ethics codes. He also provided the attached handout of the Montana statutory gift provisions. Three choices available: 1. Do not do anything 2. Repeal provision in entirety (problem because charter says to address it) 3. In compliance with state law(confusing) Board members began discussion of possible revisions to the gift provision. • Hard to find proof regarding intent. • State code takes the "reasonable man" approach. Not a very clear rule. • Prohibition against gifts unless .... • Defer somewhat to history. No gift if you are trying to influence. • Need the capacity for elected officials to carry out their duties without concern and for employees that do good work to get recognition with a limitation on how far that award can go. Outright prohibition if an intent to influence. If no intent - value limit. • Take out the word `required' in fulfillment of their official duties on pg 4 of handout • State law allows large gifts as long as intent is not there • Two components of limitation?—no intent to influence and still a dollar limit • Before next meeting— Greg write language for the code provision. Take everything that board is interested in and putting it into some document to approve by motion. • Board members should think about what should the dollar limit be? When was $50 prohibition by state adopted? • Disclosure? Good for transparency, downside is that press could be monitoring website constantly for gifts. Disclosure—self-monitoring. Easier to see patterns, trends. Disclose everything including Christmas cookies? Only disclose if over a certain amount? 2 of 5 Minutes of the Board of Ethics, February 15, 2012 • Greg to write disclosure statement similar to what is written in the handout with a lower and higher dollar amount. Post-Employment Activities: • Discussion regarding state and municipal code differences. • Differences in time limits • Local code talks about making appearances before or negotiating with a decision maker and then acting on behalf of a party. State law talks about contracts • Municipal code provisions are broader than state. • Address how notice works?— 10 business days, posting disclosure on website, public hearing - no matter what, disclosure at the meeting? • Original intent behind municipal code was not to prohibit testimony—but to prevent former employee from presenting on behalf of an applicant? • Sole proprietor issues 03.520.b • Discussion regarding state code which is pretty specific to contracts • 2.2.105 public officer or employee within 12 months attaining employment. • Important for employees to be able to talk with past employees to retain institutional memory. Communication during transition period even more important. • Ask Mayor and Deputy Mayor to speak with us? Direction? • Policy meeting? • Post-employment—Mr. Sullivan or board member talk with Deputy Mayor before the next meeting? • Agenda item be adoption of an ordinance and discussion of other legislative initiatives? • Lenses you view it through so different from Commission level vs. garbage man • Problems we decided to resolve. All about the presentation. • Commission centric. Bring the others forward. • Three rounds of proposals to the Commission. 1" to be gifts and other clean up. 2"d round we want to talk about conflicts of interest and addressing definitions of personal and financial interest. 3`d round—post-employment? • Sole proprietor—better suited to policy discussion?At the same meeting - 1" agenda item be adoption of ordinance on gifts, the next to be policy meeting with them. From that may come another ordinance on both?April? • Greg will write a full code section on amending the gifts per what the board has discussed. • Conflict of interest provision memo from Mr. Sullivan to be provided before next meeting. • Mr. Sullivan will talk with Deputy Mayor Krauss to understand his thinking on post- employment and conflict of interest. 3 of 5 Minutes of the Board of Ethics, February 15, 2012 G. Advice staff regarding Advisory Board model Rules of Procedure related to consequences for non-compliance with ethics training requirement Ms. Kissel asked board members for their thoughts regarding adding consequences to the model rules of procedure for board members who do not take the required ethics training. • Section 4.80 of code of ethics—annually verify that they have not and will not violate... Compliance with this can be handled with having the affidavit statement at the top of a sign in sheet for board members at the trainings. • Place in the code not in the rules of procedure, ramifications for not taking training • If they do not take in person training because of extenuating circumstances can take the online training for a second time. Habitual not okay • Greg to draft an addition to section 4.80 as a. and b. `a. The city clerk shall forward to the Commission annually a list of any board member or elected official who fails to take the required ethics training. b. Commission may remove a board member for failing to take the training. • Reference the above in the rules of procedure. All board members are subject to the city's ethics code and must comply with the city's ethics trainings per ... • Add to first wave of amendments to commission. • Ms. Kissel to revise applications to have a check mark indicating willingness to attend training. I. Logistical PIanning of 2012 Ethics Training • Good discussion with the Commission. • Difficulty of going to specific locations may require additional trainings for employees. • Ms. Kissel to add annual report, and Ms. Webb and Mr. Pioro's research on city ethics webpage and links to the 2011 business ethic survey and 2011 government studies from the Ethics Resource Center. J. FYI/Discussion Mr. Sullivan to be gone from March 19"'to the 25t". The board decided to move the next meeting to March 28"'. Target date to go before the Commission is April 16'". Ethics meeting on April 18"'. Report to the Commission on how the trainings are going at the same time. Budget— • Saving money by having a law intern update citations and add hyperlinks to the city handbook. 4 of 5 Minutes of the Board of Ethics, February 15, 2012 • Trainings are still within the budget even if we need to add a few. • Board of Ethics can also get training themselves somewhere else. K. Adjournment Melissa Fros Mourned th meeting at 4:49 p.m. rost, Board Chairperson Prepared by: Aime Kissel, Deputy City Clerk Approved on:April 25,2012 Attachments: Memo from Mr. Sullivan RE: Ethics Code provisions implementing the Charter;proposal for addressing gifts and discussion on post-employment activities in the City and State ethics codes Copy of Montana statutory gift provisions and post employment provisions 5 of 5 i i }