HomeMy WebLinkAboutAnnual Report from the Board of Ethics, 2012City Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Aimee Brunckhorst, Deputy City Clerk / Board Coordinator
Approved by: Chris Carraway, Melissa Frost and Mary Jane
McGarity, Board of Ethics
SUBJECT: Annual Report from the Board of Ethics
MEETING DATE: December 28, 2012
MEETING TYPE: Consent
RECOMMENDATION: Acknowledge the annual report of the Board of Ethics.
BACKGROUND: The annual report of the Board of Ethics is a way to inform the public,
officials and city staff of the accomplishments, decisions and opinions the board has made throughout the
year.
The Bozeman Municipal Code Sec. 2.03.600 specifically states that the board shall:
4. No later than December of each year, submit an annual report to the city commission concerning
its action in the preceding year. The report shall contain:
a. A summary of its decisions and opinions, both open and confidential; the board shall
make any alterations in the summaries necessary to prevent disclosure of any confidential
information pertaining to any individual or to any organization if the disclosure could
lead to the disclosure of the identity of a person who is entitled to confidentiality; and
b. Recommend 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.
The Board of Ethics would be happy to come before the Commission if the Commission would like more
detail on this report. The Board is currently working on 2013 training curriculum and logistics. Also, in
February or March, they plan to bring recommendations before the Commission to revise the conflict of
interest provisions in the city code of ethics.
UNRESOLVED ISSUES: None identified at this time.
ALTERNATIVES: As recommended by the Commission.
FISCAL EFFECTS: None identified at this time.
Attachments: Board of Ethics 2012 Annual Report
101
City of Bozeman
Board of Ethics
Report
2012
www.bozeman.net/bozeman/Residents/Ethics
December, 2012
102
Board of Ethics Report, 2012
2 of 10
Table of Contents
Board of Ethics Summary ………………………………………………………………. Page 3
Members…..……………………………………………………………………… Page 3
Support Staff………………………………………………………………...…… Page 3
Membership Details………………………………………… ………………….. Page 3
Creation…………………………………………………………………………… Page 4
Duties and Responsibilities………………………………………………………Page 4
Bozeman Municipal Code of Ethics……………………………………. Page 4
Requirement of Annual Report …………………………………………Page 5
2012 Report…………………………………………………………………………..……Page 7
2012 Ethics Training …………………………………………………………… Page 7
Recommendations for Legislative and Administrative Changes ……….… Page 8
Summary of the Board’s Decisions and Opinions ……….…………………. Page 8
Administrative Accomplishments ………………….………………………… Page 9
Upcoming Goals………………………………………………………………... Page 10
2013 Ethics Training…………………………………………………… Page 10
Upcoming Recommendations………………………………………………… Page 10
103
Board of Ethics Report, 2012
3 of 10
Board of Ethics Summary
Current Board Members:
Melissa Frost - past Chair Appointed June, 2009 Term expires July, 2013
mfrost@bozeman.net
Mary Jane McGarity Appointed January, 2011 Term expires July, 2013
mmcgarity@bozeman.net
Chris Carraway –Chair (elected 6/12) Appointed August, 2011 Term expires July, 2014
ccarraway@bozeman.net
Past Board Members:
Rodger McCormick Appointed August, 2008 Term expired July, 2010
Stephen Schultz Appointed August, 2008 Term expired July, 2010
Support Staff:
Aimee Brunckhorst – Deputy City Clerk Administrative and Recording
Services
abrunckhorst@bozeman.net
Greg Sullivan – City Attorney Legal and Procedural Recommendations
gsullivan@bozeman.net
Membership Details
The Board of Ethics is made up of three members appointed by the City Commission to
two year terms. Members cannot be city elected officials, city employees, or currently
serving on any other city board or commission.
104
Board of Ethics Report, 2012
4 of 10
Creation of the Board of Ethics
2008 Bozeman City Charter
The Bozeman City Charter (the “Charter”) was proposed by the City of Bozeman’s
2004-2006 Local Government Study Commission and was approved by the voters at the
November 7, 2006 general election. The Charter became effective on January 1, 2008.
The Charter confers certain powers and restrictions, prescribing procedures and
governmental structure. The Charter was created …to secure the benefits of local self-
government and to provide for an honest and accountable commission-manager government.
(Preamble, City of Bozeman Charter)
Section 7.01 (b) of the Charter called for the establishment of an independent Board of
Ethics as well as the requirement for annual training and education of city officials, city
board members and employees regarding the state and city ethics codes.
Ordinance No. 1726, Creation of the Board of Ethics
To establish a Board of Ethics (the “Board”) as required in the voter approved Charter,
the City Commission adopted Ordinance No. 1726 which provide guidelines for the
creation of the board and other ethics related content required in the Charter. These
provisions are codified in the Bozeman Municipal Code at Chapter 2, Article 3, Division
4 (Sect. 2.03.460 et seq., BMC). Duties and powers of the Board, who may request board
action and the limitations of the board’s power, are included. In May of 2009, the City
Commission adopted Ordinance No. 1759 which amended the original Ordinance.
Changes made relating to the board itself were minor.
Board Duties and Responsibilities
Bozeman Municipal Code, Chapter 2, Article 3, Division 4 – Code of Ethics
The Code of Ethics is an important piece of City law. As the declaration of policy
section 2.03.460 states, The purpose of this code of ethics is to set forth standards of ethical
conduct, to assist public officials and employees in establishing guidelines for their conduct, to
foster the development and maintenance of a tradition of responsible, accountable and effective
public service, and to prohibit conflict between public duty and private interest.
Following are sections within the Code of Ethics directly related to the Board and a brief
summary of each. Other sections within the Code of Ethics provide additional direction
to the Board and the public in addressing ethical issues and violations.
105
Board of Ethics Report, 2012
5 of 10
Sec. 2.03.580 - Board of Ethics.
This section defines the composition and terms of the Board, requirements for
membership, and lists the support City staff will provide.
Sec. 2.03.600 - Duties and powers of the board.
This section provides details about Board procedures related to meetings, conducting
hearings, and reporting and establishing procedures for administration and
implementation of the Code of Ethics. These duties include:
Evaluating all aspects of the Code of Ethics to ensure the public and all public
servants have a reasonable opportunity and are encouraged to participate;
Developing a plan to educate public servants about their rights, duties and
responsibilities;
Submit an annual report of summary decisions, opinions and recommended
actions regarding ethical practices or policies;
Arrange for an annual workshop or training program for all employees, elected
officials and board and committee members; and
Conduct hearings as needed.
Sec. 2.03.610 - Who may request board action.
This section outlines that any person may file a complaint with the Board and further
explains who may request of the Board an ethics opinion.
Sec. 2.03.620 – Limitations on board’s power.
This section explains in detail what limitations are placed on the Board and that the
Board may refer a matter to the city attorney for review.
In addition to the City’s Code of Ethics, the Board has jurisdiction over State of
Montana Ethics laws. These provisions are codified at Title 2, Chapter 2, Part 1, MCA
(Sect. 2-2-201, et seq., MCA).
Requirement of Annual Report
The annual report of the Board is a way to inform the public, officials and city
employees of what the Board has accomplished in the past year and report any
decisions or opinions.
106
Board of Ethics Report, 2012
6 of 10
The Bozeman Municipal Code Sec. 2.03.600 specifically states that the board shall:
4. No later than December of each year, submit an annual report to the city commission
concerning its action in the preceding year. The report shall contain:
a. A summary of its decisions and opinions, both open and confidential; the board
shall make any alterations in the summaries necessary to prevent disclosure of
any confidential information pertaining to any individual or to any organization
if the disclosure could lead to the disclosure of the identity of a person who is
entitled to confidentiality; and
b. Recommend 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.
107
Board of Ethics Report, 2012
7 of 10
2012 Year-End Report
The City of Bozeman Ethics program has evolved significantly in 2012. Board of Ethics
members and administrative staff have concentrated on the culture of ethics and
establishment of a robust, long-term ethics program within the organization. As you
can see in the following descriptions of activities accomplished, communication and
accessibility of resources have been main themes this year.
2012 Ethics Training
This year’s annual ethics training was provided by Elizabeth Webb from the MSU Local
Government Center with logistical meeting assistance from staff. Three variations of the
training provided customization specific for supervisors, non-supervisors and board
members. In March, April and June a series of 14 trainings were provided to
approximately 375 employees. Five trainings were provided to about 170 advisory
board members with six board members not taking the required training.
The trainings were generally well received with participants engaged and appreciative
of the format. Ninety-minute sessions began with results of previous research
completed by Ms. Webb regarding past ethics trainings. This was followed by a series
of short scenarios that presented potential ethical dilemmas on which participants could
vote using software-aided machines. The use of this ‘clicker’ technology to
simultaneously vote on the scenarios was well received and created an element of
anonymity and an air of novelty. Large-group discussion and reference to the Code
followed. Next, more in-depth ethical scenario questions were asked, followed by
discussion in small groups allowing participants to contemplate how they would
respond to the scenario. Discussion was lively and emphasized the importance of airing
ethical dilemmas with peers. Towards the end of the trainings for the employees, small
groups were asked questions related to the current ethical culture within the
organization, suggestions for improvement, the role of leadership and questions related
to the ethics policy, board of ethics and future trainings. Responses were reported back
to the group, were used to further research on the city’s ethics program, and will inform
future efforts.
Throughout the year, new employees and board members were asked to take the online
ethics training shortly after hiring/appointment to help familiarize them with the Code
108
Board of Ethics Report, 2012
8 of 10
and meet their requirements for annual training. About five new board members also
attended the in-person training that was provided as a makeup session in October.
Recommendations for Legislative and Administrative Changes
The Board of Ethics made several recommendations to the City Commission in June of
2012. After considerable debate, and with the feedback and advice of city staff, they
forwarded Board of Ethics resolution No. 2012-01 recommending revisions to the gift
provision. This led to asking the City Commission to adopt Ordinance No. 1833 which
revised Bozeman Municipal Code section 2.03.540, governing gifts, gratuities and
favors, and section 2.03.600, authorizing removal procedures of a board member for not
attending required training. The City Commission agreed to adopt Ordinance No. 1833,
which went into affect October 4, 2012.
The importance of changing the gift provision became apparent as employees voiced
concerns that the outright prohibition was hindering establishing relationships with
citizens, accepting professional and community awards for public service and attending
public events in an official capacity. The new guidelines acknowledge the legitimate
reasons for accepting a gift, gratuity or favor while continuing to uphold public trust
and the important tenet that employees or officials not receive private gain from public
office.
Summary of the Board’s Decisions and Opinions
This section is designed for reporting to the Commission and public any advisory
opinions or ethics hearings that were requested and may have been granted throughout
the year.
In April and May, 2012 Board of Ethics members were asked to make a determination
as to whether members of the Community Climate Action Plan Working Groups were
subject to the city’s Code of Ethics. Careful consideration occurred regarding the
characteristics of the working groups and the meaning of definitions in the code for
‘persons covered’ and ‘official’. Taking into account all of the above and considering
that the working groups do not provide formal recommendations to the City
Commission but rather work with staff, Board members determined these particular
working groups were not subject to the code of ethics. The Board determined, however,
that these working groups should nonetheless be made familiar with the Code and
encouraged to comply fully. In the future, the City Commission will be asked when
establishing a working group whether the group will be subject to the city Code of
Ethics. This decision was memorialized with Board of Ethics Resolution 2012-02.
109
Board of Ethics Report, 2012
9 of 10
No other formal decisions or opinions were made by the Board in 2012. City Attorney
Greg Sullivan did, however, begin providing a monthly staff report during Board
meetings to relay ethics questions and concerns that came to his attention throughout
the month and the advice or comments he provided. This created a way to keep records
of the types of situations that arise while also providing real world examples of the
dilemmas facing employees as they go about their day-to-day duties.
Administrative Accomplishments
A theme emerged from the trainings that employees need a personal connection to the
resources available to them for handling ethical dilemmas. In other words, they need to
know more about the actual people they were expected to report to and ask questions
of. Building trust and rapport was facilitated by City Attorney Greg Sullivan, who spent
many hours visiting each city department during their regular staff meetings. During
these visits, staff learned of the changes to the gift provision, received a new version of
the Ethics Handbook and provided information about what ethical dilemmas they have
faced. Interactive discussions helped Mr. Sullivan understand and relay to the Board
training formats that may be effective in the future and the types of ethics-related
resources employees need. Most importantly, by introducing himself to employees
across the organization and engaging them in a meaningful conversation, Mr. Sullivan
was able to establish important relationships critical to a robust ethics culture. He also
provided background about Board of Ethics members, thus helping employees become
more familiar with them. Visits to several departments remain and will occur towards
the beginning of 2013 as time allows.
Resource availability was also improved with changes and additions to the city of
Bozeman ethics webpage. A wide variety of links are available there including past
presentation slides, a link to the online training, and Ms. Webb’s research results.
Updates were also made to the city Ethics Handbook and a new flowchart created to
illustrate the revised gift provision. As administrative support to the board, Deputy
City Clerk Aimee Brunckhorst also created a new online form to be used if a gift,
gratuity or favor must be disclosed per the new Code provisions. This form and others
are easily accessible from the ethics webpage.
110
Board of Ethics Report, 2012
10 of 10
Upcoming Goals
2013 Ethics Training
The Board of Ethics emphasized the importance of continuing to evolve the annual
ethics training. Brainstorming about upcoming trainings occupied a significant amount
of the meetings in the second half of 2012. Staff and Board of Ethics members feel that
employee training should be an ongoing process throughout the year with an emphasis
on the link between training and actual ethical dilemmas that arise on the job. While the
details still need to be developed, trainings will likely be based as much as practicable
upon the specific functions of an employee. Small, focused meetings occurring
throughout the year will concentrate on scenarios that are likely to happen in the
workplace.
Citizen advisory board trainings for 2013 will most likely occur during regularly
scheduled board meetings. Training will encompass a variety of board-related
dilemmas and questions that have been brought forward over time by board members
and staff liaisons. A packet of materials will also be provided by the clerk’s office
covering topics such as open meeting laws, creating effective agendas, the city’s
purchasing policy, quasi-judicial v. legislative hearings and the appearance-of-fairness
doctrine. In this manner, the ethics training can be combined with other types of
training that have been requested.
Upcoming Recommendations
The Board of Ethics plans to continue to review the conflict of interest and post-
employment provisions in the Code of Ethics and again bring recommended revisions
before the City Commission.
111