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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 Page 3 of 8 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 Page 4 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. 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 Page 8 of 8