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HomeMy WebLinkAbout02-19-13 Board of Ethics MinutesMINUTES OF THE MEETING OF THE BOARD OF ETHICS FEBRUARY 19, 2013 BOZEMAN, MONTANA These minutes are not word for word. Please refer to the audio of this meeting available at www.bozeman.net in the Board of Ethics minutes folder for further detail. The Board of Ethics of the City of Bozeman met in the Gallatin room, City Hall at 121 North Rouse on Tuesday, February 19, 2013. Present were board members Chris Carraway, Melissa Frost and Mary Jane McGarity. Staff present was City Attorney Greg Sullivan, and Deputy City Clerk Aimee Brunckhorst. A. Meeting Called to Order Chris Carraway called the meeting to order at 4:58 p.m. B. Public Comment Chris Carraway opened public comment. No person commented, so Mr. Carraway closed public comment. C. Approval of Minutes – January A motion to approve the minutes of January passed unanimously. D. Disclosure of information or comments received Commissioner Chris Mehl spoke with Melissa Frost at a public event regarding board members who do not take training. E. Staff Report 1. Report from meeting with Betsy Webb / MSU Gov. Center re; training Aimee Brunckhorst reported that she and Chris Kukulski met with Betsy Webb and Dan Clark of the Local Government Center. (Please see attached summary of that meeting.) F. Review and Approve Professional Services Agreement with MSU Local Government Center for 2013 Ethics Training A motion to approve the Professional Services Agreement with MSU Local Government Center for 2013 Ethics Training passed unanimously. G. Approve Ethics Budget for Fiscal Year 2014 (Currently $4,000) Aimee Brunckhorst spoke to the board about the proposed ethics budget for the next budget cycle. They spoke regarding the need to increase the budget over last year because of the likelihood that the cost of training may go up. A motion to recommend a $5,000.00 ethics budget for fiscal year 2014 passed unanimously. H. Review edits to Sects. 2.03.520, 2.03.560 and 2.03.570, BMC and approve Board Resolution BOE 2013-01 (recommending the City Commission revise the Conflict of Interest and Post Employment/Service provisions of the code of ethics) Greg Sullivan went through the changes that he made to the draft Ordinance and board and staff discussed them. Section 3 Conflict of Interest Provision 5.20 A. Stand alone provision - All about employment and business B. - all about taking or influencing official action Remainder of subsection B. is now within C. A. B. C. and D. are all about transaction or matter Added the word matter - a substantive change - ensures not just financial transactions 5.20 B. - Broader Prohibition B. would prevent official action in another department, but would not require disclosure 5.20 C. - If you do, here is what you have to do. C. is more limited than B. - only requires disclosure if that transaction or matter comes before the agency then here is what you need to do. D. - the board decided previously to leave this in. Still a good choice. Mr. Sullivan provided examples of how these codes would begin to work. Chris Kukulski joined the meeting at 5:20 p.m. C. more about things coming to you and now they are in front of you. Clear examples Fact pattern to walk the Commission through - Example: Cuzin’s Bar D. - outright prohibition for an employee representing anyone before agency in the city. E. - exclusive to officials. Adding transaction or matter. Added in parallelism throughout the sections. Employees that have side businesses cannot contract with the city due to state statute unless they go before the City Commission for special approval. The board and staff discussed that the deputy Mayor would like the conflict of interest provision to change to allow sole proprietors to represent before the Commission. They spoke regarding the extensive discussions and work they have done to look at the sole proprietor issue and the fact that they have come to the conclusion that they would not recommend a change to this provision. If the Commission would like to change the conflict of interest provision related to sole proprietors they will need to direct the board or staff to make those changes despite the recommendation of the board. F. - Initial edit and added transaction. Also confusion about agency about which you are a member - added member or employee back in G. - City Commissioners can proceed despite a conflict due to state law. No other board or commission can do that. I. - Requires filing of disclosure for G. and C (when required by law) Section 4 2.03.560. Post Employment/Service Activities. Primarily organizational changes A. for all of the A.1. and A.2 - 12 months from the date you cease service instead of the term terminate Parallel language added A. 1. Used to be a prohibition regarding making an appearance on a matter under your direct responsibility. (prohibition on appearance) Subsection 2. used to be about participating in personally and substantially. (acting on behalf of someone) Now includes both: Prohibitions about negotiating with or appearing on behalf of someone. Also, participated in personally or substantially or was directly under your control. A. 2. For Compensation - a policy question concern to come back to. If you’re not compensated, can do it with disclosure Old subsection B. was moved to a different section of the code in 2009 but was not removed here. New subsection b. - notice provision, comply with state law. Sec. 2.03.570. - Public notice required Phrase in caption - remember state law Re-organization New content: What was your responsibility or participation in that matter? A. 2. added oral disclosure at onset of appearance A. 1. - add transaction disclosures placed online with link from web page B. - relief valve from the 10 day period. B. - to add comply with the notice requirements of subsection A. so if provide oral still need to provide written notice Can call a past commissioner to ask questions about past practices of the Commission Example of what is covered: planner leaving service with the city and then right away helping a client on something they had worked on while an employee A. 1 and 2 - direct oversight, close oversight on an issue Conflict of interest - all about current public servants 5.60 sunshine notices kick in C. - important to clarify what is in state law Decision maker: Mr. Sullivan looked into the possibility of adding a definition for decision-maker. He decided not to and spoke regarding why. Compensation: Chris Carraway and Mary Jane McGarity said they thought the word compensation should be stricken. The Board discussed the wording in 2.03.560. 2. ‘for compensation’. The board would like this stricken. Motion and Vote. It was moved by Mr. Carraway, seconded by Ms. Frost to approve Resolution No. BOE 2013-01 as amended today which would include adding transaction or matter in several places as discussed, and on page 6 a notice requirement at end of e. and striking compensation in 560.A. The motion passed unanimously. K. FYI / Discussion 1. Upcoming Schedule: March 19th from 5 to 6 p.m. - Prepare for April 8th meeting Chris Carraway will begin working on the PowerPoint presentation for Commission prior to March 19th meeting. Greg Sullivan will make Ordinance changes as discussed today and email the word version to him. April 8th - Present Ordinance revisions to the Commission April Regular meeting - Canceled I. Adjournment Chris Carraway adjourned the meeting at 5:31 p.m. Minutes prepared by: Aimee Brunckhorst, Deputy City Clerk Approved on: March 19, 2013