HomeMy WebLinkAboutAcknowledge Annual Report of the Board of Ethics_10City Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Aimee Brunckhorst, Deputy City Clerk
Approved by: Chris Carraway, Melissa Frost and Mary Jane
McGarity, Board of Ethics
SUBJECT: Annual Report from the Board of Ethics
MEETING DATE: March 3, 2014
MEETING TYPE: Consent
RECOMMENDATION: Acknowledge the annual report of the Board of Ethics.
BACKGROUND: The annual report of the Board of Ethics is a way to inform the public,
officials and city staff of the accomplishments, decisions and opinions the board has made throughout the
year.
The Bozeman Municipal Code Sec. 2.03.600 specifically states that the board shall:
4. No later than December of each year, submit an annual report to the city commission concerning
its action in the preceding year. The report shall contain:
a. A summary of its decisions and opinions, both open and confidential; the board shall
make any alterations in the summaries necessary to prevent disclosure of any confidential
information pertaining to any individual or to any organization if the disclosure could
lead to the disclosure of the identity of a person who is entitled to confidentiality; and
b. Recommend 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.
The Board of Ethics would be happy to come before the Commission if the Commission would like more
detail on this report. The Board is currently working on 2014 training curriculum and logistics.
UNRESOLVED ISSUES: None identified at this time.
ALTERNATIVES: As recommended by the Commission.
FISCAL EFFECTS: None identified at this time.
Attachment: Board of Ethics 2013 Annual Report
Report Compiled on: February 19, 2014
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City of Bozeman
Board of Ethics
Report
2013
www.bozeman.net/bozeman/Residents/Ethics
February 2014
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Board of Ethics Report, 2013
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Table of Contents
Board of Ethics Summary ………………………………………………………………. Page 3
Members…..……………………………………………………………………… Page 3
Support Staff………………………………………………………………...…… Page 3
Membership Details………………………………………… ………………….. Page 3
Creation…………………………………………………………………………… Page 4
Duties and Responsibilities………………………………………………………Page 4
Bozeman Municipal Code of Ethics……………………………………. Page 4
Requirement of Annual Report …………………………………………Page 5
2013 Report…………………………………………………………………………..……Page 7
2013 Ethics Training ……………………………………………………………. Page 7
Recommendations for Legislative and Administrative Changes ……….…. Page 8
Summary of the Board’s Decisions and Opinions ……….………………….. Page 8
Administrative Accomplishments ………………….…………………………. Page 9
Upcoming Goals………………………………………………………………..... Page 9
2014 Ethics Training……………………………………………………... Page 9
Upcoming Recommendations………………………………………………….Page 10
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Board of Ethics Summary
Current Board Members:
Melissa Frost - past Chair Appointed June, 2009 Term expires July, 2015
mfrost@bozeman.net
Mary Jane McGarity Appointed January, 2011 Term expires July, 2015
mmcgarity@bozeman.net
Chris Carraway –Chair (elected 6/12) Appointed August, 2011 Term expires July, 2014
ccarraway@bozeman.net
Past Board Members:
Rodger McCormick Appointed August, 2008 Term expired July, 2010
Stephen Schultz Appointed August, 2008 Term expired July, 2010
Support Staff:
Aimee Brunckhorst – Deputy City Clerk Administrative and Recording
Services
abrunckhorst@bozeman.net
Greg Sullivan – City Attorney Legal and Procedural Recommendations
gsullivan@bozeman.net
Membership Details
The Board of Ethics is made up of three members appointed by the City Commission to
two year terms. Members cannot be city elected officials, city employees, or currently
serving on any other city board or commission.
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Creation of the Board of Ethics
2008 Bozeman City Charter
The Bozeman City Charter (the “Charter”) was proposed by the City of Bozeman’s
2004-2006 Local Government Study Commission and was approved by the voters at the
November 7, 2006 general election. The Charter became effective on January 1, 2008.
The Charter confers certain powers and restrictions, prescribing procedures and
governmental structure. The Charter was created …to secure the benefits of local self-
government and to provide for an honest and accountable commission-manager government.
(Preamble, City of Bozeman Charter)
Section 7.01 (b) of the Charter called for the establishment of an independent Board of
Ethics as well as the requirement for annual training and education of city officials, city
board members and employees regarding the state and city ethics codes.
Ordinance No. 1726, Creation of the Board of Ethics
To establish a Board of Ethics (the “Board”) as required in the voter approved Charter,
the City Commission adopted Ordinance No. 1726 which provide guidelines for the
creation of the board and other ethics related content required in the Charter. These
provisions are codified in the Bozeman Municipal Code at Chapter 2, Article 3, Division
4 (Sect. 2.03.460 et seq., BMC). Duties and powers of the Board, who may request board
action and the limitations of the board’s power, are included. In May of 2009, the City
Commission adopted Ordinance No. 1759 which amended the original Ordinance.
Changes made relating to the board itself were minor.
Board Duties and Responsibilities
Bozeman Municipal Code, Chapter 2, Article 3, Division 4 – Code of Ethics
The Code of Ethics is an important piece of City law. As the declaration of policy
section 2.03.460 states, The purpose of this code of ethics is to set forth standards of ethical
conduct, to assist public officials and employees in establishing guidelines for their conduct, to
foster the development and maintenance of a tradition of responsible, accountable and effective
public service, and to prohibit conflict between public duty and private interest.
Following are sections within the Code of Ethics directly related to the Board and a brief
summary of each. Other sections within the Code of Ethics provide additional direction
to the Board and the public in addressing ethical issues and violations.
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Sec. 2.03.580 - Board of Ethics.
This section defines the composition and terms of the Board, requirements for
membership, and lists the support City staff will provide.
Sec. 2.03.600 - Duties and powers of the board.
This section provides details about Board procedures related to meetings, conducting
hearings, and reporting and establishing procedures for administration and
implementation of the Code of Ethics. These duties include:
• Evaluating all aspects of the Code of Ethics to ensure the public and all public
servants have a reasonable opportunity and are encouraged to participate;
• Developing a plan to educate public servants about their rights, duties and
responsibilities;
• Submit an annual report of summary decisions, opinions and recommended
actions regarding ethical practices or policies;
• Arrange for an annual workshop or training program for all employees, elected
officials and board and committee members; and
• Conduct hearings as needed.
Sec. 2.03.610 - Who may request board action.
This section outlines that any person may file a complaint with the Board and further
explains who may request of the Board an ethics opinion.
Sec. 2.03.620 – Limitations on board’s power.
This section explains in detail what limitations are placed on the Board and that the
Board may refer a matter to the city attorney for review.
In addition to the City’s Code of Ethics, the Board has jurisdiction over State of
Montana Ethics laws. These provisions are codified in Title 2, Chapter 2, Part 1, MCA
(Sect. 2-2-101, et seq., MCA).
Requirement of Annual Report
The annual report of the Board is a way to inform the public, officials and city
employees of what the Board has accomplished in the past year and report any
decisions or opinions.
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The Bozeman Municipal Code Sec. 2.03.600 specifically states that the board shall:
4. No later than December of each year, submit an annual report to the city commission
concerning its action in the preceding year. The report shall contain:
a. A summary of its decisions and opinions, both open and confidential; the board
shall make any alterations in the summaries necessary to prevent disclosure of
any confidential information pertaining to any individual or to any organization
if the disclosure could lead to the disclosure of the identity of a person who is
entitled to confidentiality; and
b. Recommend 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.
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2013 Year-End Report
2013 Ethics Training
This year’s employee ethics training was again provided by Elizabeth Webb
from Montana State University Local Government Center, with logistical meeting
assistance from the city human resources staff. Three variations of the training provided
customization for supervisors, customer service and every day leadership. Twenty
sessions were held to train 368 employees. Only one employee failed to take the
training. Ms. Webb indicated that participation in discussions increased over the
previous year and employees seemed more at ease. Human Resources Associate Becky
Wilbert attended many of the trainings helping to personalize resources within that
department. The cost for development and execution of the employee trainings through
Montana State University Local Government Center who contracted with Elizabeth
Webb was $3500. Additional internal personnel costs have not been calculated at this
time.
Throughout the year, seventeen trainings were provided by Deputy City Clerk Aimee
Brunckhorst during regularly scheduled advisory board meetings. Several related
boards had combined trainings and two additional meetings were held to accommodate
members who were unable to attend their regularly scheduled meeting and for city
representatives on non-city boards. The training for the Bicycle Advisory Board was
conducted by Commissioner Carson Taylor as Ms. Brunckhorst was unavailable.
Approximately 160 board members were trained, with 5 members not attending the
training. Ordinance 1833 requires that the clerk’s office forward to the Commission a
list of officials who failed to take the training. This list was sent to the Commission via
e-mail in February.
Board trainings began with information on the changes that were made to the code of
ethics, followed with a group discussion with examples and questions from the board.
Some of the boards also raised questions related to rules of procedure and meeting
protocol. Board members liked the personal approach with this method and expressed
appreciation that past feedback was incorporated into the training protocol. Discussion
was initiated based upon actual experiences and stories from board members to help
them become accustomed to talking out ethics issues that arise. Some of the boards
were very forthcoming while others were difficult to engage. In retrospect, developing a
case study specific to each board may have been helpful to spur discussion when
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necessary, although writing multiple case studies would have been very time
consuming.
The city continues to ask new employees and board members to take the online ethics
training shortly after hiring/appointment to help familiarize them with the Code and to
meet the yearly training requirement even when joining the organization after the
yearly training.
Recommendations for Legislative and Administrative Changes
The Board of Ethics brought before the Commission recommendations to the conflicts of
interest and post-employment activities in the form of Ordinance 1856. The City
Commission finally adopted this Ordinance on April 22, 2013 with the Ordinance
becoming effective May 22, 2013. The intent of these legislative changes was as follows:
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 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 within 2.03.570 (public notice) clarify under what circumstances and
through which process a former public servant could override the prohibitions found in
2.03.520. This process enhances 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.
Summary of the Board’s Decisions and Opinions
This section is designed for reporting to the Commission and public any advisory
opinions or ethics hearings that were requested and may have been granted throughout
the year.
No formal or informal decisions or opinions were made by the Board in 2013. City
Attorney Greg Sullivan continued providing a monthly staff report during Board
meetings to relay ethics questions and concerns that came to his attention throughout
the month and the advice or comments he provided. In addition to informal advice
throughout the year, the City Attorney provided several formal ethics opinions to City
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Commissioners and has made these available online. In addition, several board
members received advice from the city attorney regarding post-employment matters
and have filed post-employment disclosures which are also available to the public
online. A link to these documents can be found from the city of Bozeman ethics
webpage.
Administrative Accomplishments
In 2013, an emphasis was placed on helping staff and board members feel more
connected and comfortable with the people and resources available to them for
handling ethical dilemmas. Building trust and rapport was facilitated by City Attorney
Greg Sullivan, who spent many hours visiting each city department during their regular
staff meetings. During these visits, staff learned of the changes to the gift provision,
received a new version of the Ethics Handbook and provided information about ethical
dilemmas they have faced. Resource availability was also improved last year with
changes and additions to the city of Bozeman ethics webpage. This personal connection
and improvements to resources has paid off as more employees and board members
have come to the City Attorney with questions on how to handle future potential
conflicts and other ethical dilemmas. During the trainings, staff and board members
were reminded again this year that the City Attorney is always available to answer
questions and that it is better to solicit advice prior to a potential conflict or post-
employment activity.
An online gift disclosure form was created by staff and approved by the Board of Ethics
for employees or officials to utilize when they accept items that do not violate the gift
provisions but have a value greater than $25 and require the filing of a public disclosure
statement with the Board of Ethics that indicates the gift, its estimated value, the person
or entity making the gift, the relationship to the employee or official and the date of the
gift. Filed gift disclosure forms can be viewed by the public online.
Per the requirement in the City Charter, the City Clerk’s office continues to
collect financial disclosure forms in January from every employee and board member
who has major financial decision making responsibilities. This list consisted of
approximately 100 people in 2013.
Upcoming Goals
Planning for the required 2014 ethics training began during the February Board of
Ethics meeting and included Elizabeth Webb and staff from the Human Resources
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Department, the City Manager, the City Attorney and the Deputy City Clerk. Initial
discussions have focused on ways to continue to strengthen the culture of ethics within
the organization. City staff will utilize feedback within the employee high performance
organization (HPO) group to narrow down design options.
Upcoming Recommendations
There are no planned recommendations at this time. The Board of Ethics feels legislative
changes are not currently necessary. The board met quarterly towards the end of 2013
as the need for monthly meetings dwindled with legislative changes completed. When
necessary, the board will meet more frequently.
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