HomeMy WebLinkAboutOrdinance 13- 1856 Amending Conflicts of Interest and Employment Activities ORDINANCE NO. 1856
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 I
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 that 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 the 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 I offs
Z,
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.
See, 2.03.590.—Reporting improper governmental action/rights/limitations/protected conduct.
See. 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.
See. 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 2 of 8
Section 3
That Section,2,03.520 of the Bozeman Municipal Code shall be amended as follows:
"See. 2.03.520. – Conflict of Interest.
A. Nothinv- in this section shall be inte.1preted or construed to prohibit any official or employee
from exercisin2 their own individual legal riahts 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 testif
in as a witness in an ad ministrative or judicial proceeding.
However, no official or eMployee who represents their own personal interest before an
agency of which the are a member or employee, or a member or em loyce of an agency to
P
which the matter may be gppealed, shall participate in the decision of that agency or the
appellate agency.
B. No official or employee shall engage in any employment or business which conflicts with the
proper discharge of such official or employee's duties.
C. No official or employee shall take or influence official action if the official or employee
has-ve a financial or personal interest, tangibly or intangibly, in a transaction or matter with
the Gci Pee Offie-ial ae+,-- —1— All! publie
diselesiir-e is made. If an effieial of empleyee has an�, laRgible or- in4angible firianeial of
pefsenal inter-est in the etAeeffie of any ma#er- eamiiig befiefe the ageney ef which he is
membef of by whieh he is employed, sueh off4eial or- employee shall pt�bkely diselese an!he
reeerd of fhe ageiiey, or- to his other appropriate aiit4er-ity, the existeiiee of sueh
fine,Reial E)r- per-senal ii4er-est. An effleial or employee ha-ving stieh a fina*eia4 er personal
if4er-est shall not engage iii deliberations eeneeming the i:na4er-, shall disqualify himself f+o
aeting on the ma-4ef, exeept in the event of a tie vale, aiid shall not eefffliiiiilieate abalA siie
mal4er- Mth aiiy pefsen who will paffieipale in the aetion to be takeft an sueh ma4er-.
D. 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 orb which they are
employed, such official or employee shall:
1. Publicly disclose on the record of the agency, or to their su perior or other 4ppropriate
authorily, the existence of such financial or personal interest; and
2. Except as authorized pursuant to 2-03.520A and G, shall not en a,e in deliberations
- P, P,
coneeming the matter or transaction, shall be disqualified from actin p, 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.
Ordinance 1856
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1
E. 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.
F. No official whether paid or unpaid, shall represent or appear on behalf of any individual or
entity in a"transaction or matter pr-eeeeding of concem 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,
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.
E. Nothing in this section shall be ipAerpfeted er- eeiistfued to pr-ehibi! Effiy official or envleyee
f+om exercising their- awn individual legal r-igh4s as te theif ewn petsonal it:Aerests in
t+ansaetion ot matter pending before the eity er- any of i4s ageneies, or to pr-ohibi4 an of fi- eial
of empleyee f+am testifying as a wiIness in a" administratiN,e of jttdieial pfeeeeding.
Hewever-, ne of-Reial or e"loyee who -represenAs 4-heir wlvn persena4 iR4efest befbr-e
agene
w-hieh �he may be appealed, shall pai4ieipate in the deeisieii ef that ageney or
appellate ageney.
EGA city commissioner or mayor, as authorized pursuant to 2-2-12100), 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.
G.14. This section does not absolve M official or employee from LSomplyin with Title 2,
, . R
Cho ter 2, MCA. If any provision of this section is in conflict with Title 2, Cho ter 2, MC
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.
1-1.1 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.
Ordinc-mce 1856
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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. Ne fefmef publie serva Within 12 months following the date on which a former public
servant ceases service to the city, a former ublic servant ma not without complying with
the provisions of 2.03.570:
1. ,
,
2.03.570 ffi Make any formal or informal appearance before, or negotiate with any
decision maker on regarding a transaction or matter which was under the former
public servant's direct responsibility as a publie seFvan4 or which the former public
servant participated personally and substantially; or
2. May f e eampeiisa4ien,
Represent or act or appear on
behalf of any an individual or entity other than the city in connection with a a
transaction or matter in which was under the fonner public servant's direct
responsibility or which the former public servant participated personally and
substantially as a public servant.
B. No former public servant m4y use e-- ,.,,n*inue to „n„ any former dial city title, including
use on business cards, email, or stationery, except that such use is not prohibited if the former
public servant clearly indicates that the service empl n to with the city is no longer
ongoing• ' � +n „+ , ,�7� M'.
wk�L1sT YiJd ldl�
. .
employee,
rules,eam ittee member- has net and will not knowingly vielale any prevision of t4is seetion Of
the . established by .
-RC, 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 prohibitionLagainst obtaining
em to ment in 2-2-201 YMCA. If any provision of this section is in conflict with Title 2
Ch t. 2 MCA the more stringent provision shall apply."
Ordiiwce 1856
Pate 5 of 8
Section 5
That Sec. 2.03.570 of the Bozeman Municipal Code shall be amended as follows.
"See. 2.03.570. - Public notice required or former public servants/compliance with State
law.
Durinp,.the first 12 months following the date on which a former public servant ceases service to
the cijy:,
A. During the first 12 menths fellewing the date en w-hieh the feflfter- p4he servant eeases
ser-viee to the eiiy, in addition to 4te r-eg-'.-MeRIS Of any A former public
servant desiriny-,fiflrlce-�,Jifig te ffiake affy f-6ff:fW er- inf6fffial appeafanee bef6re of negetiate
ilh an), deeision maker- to perform an act restricted by 2.03.560.A -2, shall:
1. File with the gfty clerk ef the e4y eefaffiissien and with the efflee of th city
attorney not less than IeR444D4 six (6) 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 nee to 5a� of appear informally a
fen:nally befer-e a deeisien maker or- aet on beha4f of a vaf�y other- than the eiVi ,
Such written notice diselesur-e shall state in substance the purpose for which the
former public servant wishes to act other than as required by 2.03.560.A4-efA-2
and shall also indicate 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. appear ei: negotiate with the deeision makef, the r-ease
fef seeh appeafaiiee of negefia�ieff a-Rd inehide a diseleswe ef all effiees af
employment held by the fefffier- ptiblie sefvaftt dtir-ing the last 12 mai4hs-Of
serviee to the city.
2. 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 Vfgmjntpj publicly accessible location on
the city's website.
B. A former public servant desiring j#jtpdj
�#g to perform an act restricted by 2.03.560,A4
and-2 who cannot reasonably meet the jeft449) six (6) day notice period described in
subsection A of this section mqy Lappear before a decision maker only at a duly noticed
public meeting where a formal record of the proceeding s is made. At the time of dpi4g
-
so,the former public servant shall comply with subsection A of this section.
Ordinance 1856
Page 6 of 8
C. Unless the act is otherwise prohibited by Title 2 Chapter 2 MC1 , upon complying with
subsections A or B of this section as appropriate, f4ling seeh vT4t4en netiee diselestireF a
the former public servant is not prohibited from the activities proscribed in
2.03.560.1"4—ate. Nothing herein, however, shall be construed as authority to absolve
any former public servant of their du to comply with Title 2 Chapter 2 MCA, if an
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 2.103 of
the Bozeman Municipal Code.
Ot-dinance 1856
Page 7 of 8
Section 10
Effective Date.
This ordinance shall be in full force and effect 30 days after final adoption.
PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman..,
Montana, on first reading at a regular session held on the 7"' day of April, 2013.
�ff 1-4
EAN A. BECkElf f o Mayor
STACY .Cgs
7,
� �
City Cl rk
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 22"" of
April, 2013. The effective date of this ordinance is May, 22, 2013.
EAN A. BECKER
Mayor
ATTEST:
STACY
City CIrv"
Y
APPI IV : 10 FORM:
C SULLIVAN
City Attorney
Ordinance 1856
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