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HomeMy WebLinkAboutOrd 1856 Draft, Section 3 - 5Ordinance 1856 Page 1 of 8 ORDINANCE NO. 1856 February 22, 2013 Draft AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AMENDING BOZEMAN MUNICIPAL CODE SECTIONS 2.03.520 CLARIFYING STANDARDS FOR CONFLICTS OF INTEREST, 2.03.560 CLARIFYING PROVISIONS RELATED TO POST EMPLOYMENT ACTIVITIES, AND 2.03.570 REGARDING DISCLOSURE OF POST-EMPLOYMENT ACTIVITIES. WHEREAS, the City of Bozeman Board of Ethics, at a duly noticed meeting, via the approval of Board of Ethics Resolution 2013-01 passed a recommendation to the Bozeman City Commission that the Commission adopt this ordinance. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA: Section 1 Legislative Intent. 1. The City Commission intends that amendments within this ordinance to 2.03.520 (conflict of interest), in addition to minor changes for reorganization, clarify the only officials who may participate in an action on a matter when a conflict of interest exists are the City Commissioners and only as authorized by Montana statute. Additional amendments to 2.03.520 clarify the duties of an employee or official should a conflict of interest exist and relationship between state law and the city’s Code of Ethics. 2. Amendments to 2.03.560 (post employment activities) make certain the standards in this section work in concert with post-employment prohibitions found in state law and clarify the more stringent provision or the provision that requires greater disclosure, applies. 3. Amendments to 2.03.570 (public notice) clarify under what circumstances and through which processes a former public servant could override the prohibitions found in 2.03.560. The new procedures enhance transparency and accountability to the public. This section also clarifies that if a conflict exists between the standards in state law and the city’s Code of Ethics, the more stringent standard applies. Ordinance 1856 Page 2 of 8 Section 2 That the table of contents of Chapter 2, Article 3, Division 4. – Code of Ethics shall be amended as follows: Division 4. – CODE OF ETHICS Sec. 2.03.460. – Declaration of policy. Sec. 2.03.470. – Definitions Sec. 2.03.480. – Persons covered. Sec. 2.03.490. – Standards of conduct. Sec. 2.03.500. – Use of city resources. Sec. 2.03.510. – Treatment of the public. Sec. 2.03.520. – Conflict of interest. Sec. 2.03.530. – Confidential information. Sec. 2.03.540. – Gifts, gratuities and favors. Sec. 2.03.550. – Financial disclosure statement. Sec. 2.03.560. – Post employment/service activities. Sec. 2.03.570. – Public notice required for former public servants/compliance with state law. Sec. 2.03.580. – Board of ethics. Sec. 2.03.590. – Reporting improper governmental action/rights/limitations/protected conduct. Sec. 2.03.600. – Duties and powers of the board. Sec. 2.03.610. – Who may request board action. Sec. 2.03.620. – Limitations on board’s power. Sec. 2.03.630. – City attorney opinions. Sec. 2.03.640. – Procedures for hearing complaints. Sec. 2.03.650. – Those subject to removal only by city commission. Sec. 2.03.660. – Ex parte communications. Sec. 2.03.670. – Confidentiality of board information. Sec. 2.03.680. – Waiver of confidentiality. Sec. 2.03.690. – Statute of Limitations Ordinance 1856 Page 3 of 8 Section 3 That Section 2.03.520 of the Bozeman Municipal Code shall be amended as follows: “Sec. 2.03.520. – Conflict of Interest. A. No official or employee shall engage in any employment or business which conflicts with the proper discharge of such official or employee’s duties. B. No official or employee shall take or influence official action if the official or employee hasve a financial or personal interest, tangibly or intangibly, in a transaction or matter with the Ccity. as to which he has the power to take or influence official action unless full public disclosure is made. If an official or employee has any tangible or intangible financial or personal interest in the outcome of any matter coming before the agency of which he is a member or by which he is employed, such official or employee shall publicly disclose on the record of the agency, or to his superior or other appropriate authority, the existence of such financial or personal interest. An official or employee having such a financial or personal interest shall not engage in deliberations concerning the matter, shall disqualify himself from acting on the matter, except in the event of a tie vote, and shall not communicate about such matter with any person who will participate in the action to be taken on such matter. C. If an official or employee has a financial or personal interest in the outcome of a transaction or matter coming before the agency of which they are a member or by which they are employed, such official or employee shall: 1. Publicly disclose on the record of the agency, or to their superior or other appropriate authority, the existence of such financial or personal interest; and 2. Except as authorized pursuant to 2.03.520.G, shall not engage in deliberations concerning the matter or transaction, shall be disqualified from acting on the matter or transaction and shall not communicate about such matter or transaction with any person who will participate in an action to be taken on such matter or transaction. CD. No employee, whether paid or unpaid shall represent or appear on behalf of any individual or entity before any agency of the city, or take any appellate proceedings from any action of such agency, either personally or through an associate or partner. DE. No official whether paid or unpaid, shall represent or appear on behalf of any individual or entity in any transaction or matter proceeding of concern to the agency on which that official serves, either before that agency or any other agency of the city, or before the city commission, or take any appellate proceedings from any action of such agency or the commission. Such representation may be made by an the official's associate or partner, Ordinance 1856 Page 4 of 8 provided no reference to the participation of the involved official is made except for certification or other required identification on prepared documents. The involved official shall not engage in deliberations concerning a transaction or matter represented by an associate or partner, shall disqualify himself/herself from acting on the transaction or matter, and shall not communicate about such matter with any person who will participate in the action to be taken on such transaction or matter. EF. Nothing in this section shall be interpreted or construed to prohibit any official or employee from exercising their own individual legal rights as to their own personal interests in a transaction or matter pending before the city or any of its agencies, or to prohibit an official or employee from testifying as a witness in any administrative or judicial proceeding. However, no official or employee who represents their own personal interest before an agency of which they are a member or employee, or a member or employee of an agency to which the matter may be appealed, shall participate in the decision of that agency or the appellate agency. G. A city commissioner or mayor, as authorized pursuant to 2-2-121(10), MCA, may take action despite a conflict of interest described in this section if that commissioner’s or mayor’s participation is necessary for the city commission to obtain a quorum or to otherwise enable the city commission to act. If so, the commissioner or mayor shall disclose the interest creating the conflict prior to performing the official act. H. This section does not absolve any official or employee from complying with Title 2, Chapter 2, MCA. If any provision of this section is in conflict with Title 2, Chapter 2, MCA the more stringent provision, the provision that requires greater disclosure, or the provision that provides less authority to act in furtherance of a conflict, shall apply. I. Any official or employee with a conflict of interest under this section shall, in addition to other requirements in this section and when required by law, comply fully with the disclosure requirements of 2-2-131, MCA, and shall file this disclosure with the Montana Commissioner of Political Practices prior to acting.” Ordinance 1856 Page 5 of 8 Section 4 That Sec. 2.03.560 of the Bozeman Municipal Code shall be amended as follows: “2.03.560. Post Employment/Service Activities. A. No former public servant: 1. May, during the first 12 months following the date on which the former public servant ceases service to the city, without complying with the provisions of section 2.03.570 mMake any formal or informal appearance before, or negotiate with any decision maker on Within 12 months following the date on which a former public servant ceases service to the city, a former public servant may not, without complying with the provisions of 2.03.570: regarding a transaction or matter which was under the former public servant's direct responsibility as a public servant or which the former public servant participated personally and substantially 2. May fFor compensation, without complying with the provisions of section 2.03.570 within 12 months after termination of public service ; represent or act or appear on behalf of any party an individual or entity other than the city in connection with any a transaction or matter in which was under the former public servant's direct responsibility or 3. uUse or continue to use any former official city title, including use on business cards, which the former public servant participated personally and substantially as a public servant; or email, or stationery, except that such use is not prohibited if the former public servant clearly indicates that the service employment to with the city is no longer ongoing. was former to current employment. B. Upon initial employment and annually thereafter each employee, public official and member of any board or committee shall verify that such employee, public official and board or committee member has not and will not knowingly violate any provision of this section or the rules, standards of conduct or rules of ethics established by state law. B. The provisions of this Section do not absolve a public servant from complying with the prohibitions against contracting in 2-2-105(3), MCA, or the prohibitions against obtaining employment in 2-2-201, MCA. If any provision of this section is in conflict with Title 2, Chpt. 2, MCA, the more stringent provision shall apply.” Section 5 Ordinance 1856 Page 6 of 8 That Sec. 2.03.570 of the Bozeman Municipal Code shall be amended as follows: “Sec. 2.03.570. - Public notice required.for former public servants/ compliance with State law. During the first 12 months following the date on which a former public servant ceases service to the city: A. During the first 12 months following the date on which the former public servant ceases service to the city, In addition to the requirements of subsection A, any A former public servant desiring intending to make any formal or informal appearance before or negotiate with any decision maker to perform an act restricted by 2.03.560.A.1 and 2, 1. File with the shall: city clerk of the city commission and with the office of the city attorney not less than ten (10) business days prior to the appearance a written public notice of the former public servant's desire to perform an act restricted under 2.03.560.A.1 and 2 negotiate with or appear informally or formally before a decision maker or act on behalf of a party other than the city. Such written notice disclosure shall state in substance the purpose for which the former public servant wishes to act other than as required by 2.03.560.A.1 and 2 and shall also indicate the responsibility the former public servant held over the matter or the nature of the former public servant’s participation in the matter. appear or negotiate with the decision maker, the reason for such appearance or negotiation and include 2. a disclosure of all offices or employment held by the former public servant during the last 12 months of service to the city. At the onset of the appearance orally disclose to the decision maker all offices or employment held by the former public servant while serving the city and the responsibility the former public servant held over the transaction or matter or the nature of the former public servant’s participation in the transaction or matter. The city clerk shall post the written notice in a prominent publicly accessible location on the city’s website. B. A former public servant desiring intending to perform an act restricted by 2.03.560.A.1 and 2 who cannot reasonably meet the ten (10) day notice period described in subsection A of this section may appear before a decision maker only at a duly noticed public meeting where a formal record of the proceedings is made. At the time of doing so, the former public servant shall comply with the subsection A of this section. C. Unless the act is otherwise prohibited by Title 2, Chapter 2, MCA, upon complying with subsections A or B of this section as appropriate, filing such written notice disclosure, a Ordinance 1856 Page 7 of 8 the former public servant is not prohibited from the activities proscribed in section 2.03.560.A.1 and 2. Nothing herein, however, shall be construed as authority to absolve any former public servant of their duty to comply with Title 2, Chapter 2, MCA. If any provision of this section is in conflict with Title 2, Chapter 2, MCA the more stringent provision shall apply.” Section 6 Repealer. All provisions of the ordinances of the City of Bozeman in conflict with the provisions of this ordinance are, and the same are hereby, repealed and all other provisions of the ordinances of the City of Bozeman not in conflict with the provisions of this ordinance shall remain in full force and effect. Section 7 Savings Provision. This ordinance does not affect the rights and duties that matured, penalties that were incurred or proceedings that were begun before the effective date of this ordinance. All other provision of the Bozeman Municipal Code not amended by this Ordinance shall remain in full force and effect. Section 8 Severability. That should any sentence, paragraph, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal, or invalid, the same shall not affect the validity of this ordinance as a whole, or any part or provision thereof, other than the part so decided to be invalid, illegal or unconstitutional, and shall not affect the validity of the Bozeman Municipal Code as a whole Section 9 Codification Instruction. The provisions of Sections 2, 3, 4, and 5 shall be codified as indicated in Chapter 2.03 of the Bozeman Municipal Code. Section 10 Ordinance 1856 Page 8 of 8 Effective Date. This ordinance shall be in full force and effect 30 days after final adoption. PROVISIONALLY PASSED by the City Commission of the City of Bozeman, Montana, on first reading at a regular session held on the ____ day of ________, 2013. ____________________________________ SEAN A. BECKER Mayor ATTEST: ____________________________________ STACY ULMEN, CMC City Clerk FINALLY PASSED, ADOPTED AND APPROVED by the City Commission of the City of Bozeman, Montana on second reading at a regular session thereof held on the ___ of ____________________, 2013. The effective date of this ordinance is __________, __, 2013. _________________________________ SEAN A. BECKER Mayor ATTEST: _______________________________ STACY ULMEN, CMC City Clerk APPROVED AS TO FORM: _________________________________ GREG SULLIVAN City Attorney