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HomeMy WebLinkAboutDRAFT BOE Resolution 2013-01 recommending revisions to conflict post employment and public notice gs (2) / CITY OF BOZEMAN BOARD OF ETHICS RESOLUTION NO. 2013-01 A RESOLUTION OF THE BOARD OF ETHICS OF THE CITY OF BOZEMAN, MONTANA, RECOMMENDING TO THE CITY COMMISSION REVISIONS TO THE BOZEMAN MUNICIPAL CODE SECTIONS 2.03.520 CLARIFYING STANDARDS FOR CONFLICTS OF INTEREST, 2.03.560 CLARIFYING PROVISIONS RELATED TO POST EMPLOYMENT/SERVICE ACTIVITIES AND 2.03.570, REGARDING DISCLOSURE OF THOSE ACTIVITIES. WHEREAS, The Bozeman City Charter approved by the electorate in 2006 mandated that the city commission implement a conflict of interest prohibition by ordinance, the terms of which shall include, but not be limited to: acting in an official capacity on matters in which the official has a private financial interest clearly separate from that of the general public, the acceptance of gifts and other things of value, acting in a private capacity on matters dealt with as a public official, the use of confidential information, and appearances by city officials before other city agencies on behalf of a private interests; and WHEREAS, The Bozeman City Charter also mandates that the City Commission shall, by ordinance, establish an independent board of ethics pursuant to state law; 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 revised the Code of Ethics within the Bozeman Municipal Code with the adoption of Ordinance No. 1759 in May, 2009; and WHEREAS, The City Commission further revised the Code of Ethics within the Bozeman Municipal Code with the adoption of Ordinance No. 1775 in January, 2010; and WHEREAS, the duties and powers of the Board of Ethics 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 process for systematically and regularly evaluating all significant aspects of the administration and implementation of the Code of Ethics; and WHEREAS, the Board of Ethics members concluded in 2009 that revisions are needed to the city of Bozeman standards for conflict of interest and post employment activities. At that time, the recommended revisions were not adopted by the Commission. Further review of these provisions by the Board of Ethics in the intervening years and by additional board members has solidified the need for these revisions. NOW, THEREFORE, BE IT RESOLVED by the Board of Ethics of the City of Bozeman, Montana, that: Section 1 The Board of Ethics hereby adopts and recommends the City Commission adopt the following changes to Bozeman Municipal Code Sections 2.03.520 (Conflict of interest) and 2.03.560 (Post employment activities) attached as Exhibit A. The Board determines the changes will clarify and better organize these sections and help determine whether state or City laws apply. PASSED AND APPROVED by the Board of Ethics of the City of Bozeman, Montana, at a regular session thereof held on the 16th day of January, 2013. ___________________________________ CHRI S CARRAWAY Chairperson of the Board of Ethics ATTEST: ________________________________________ AIMEE BRUNCKHORST Deputy City Clerk APPROVED AS TO FORM: ___________________________________ GREG SULLIVAN City Attorney