HomeMy WebLinkAboutEthics Board - 6-25-12 Commission SlidesBozeman Board of Ethics Recommendation to Adopt Ordinance 1833
June 25, 2012
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Amending BMC Section 2.03.600.A.14
Attendance at annual ethics training
Amending BMC Section 2.03.540
Gifts, gratuities, and favors
Proposed Ordinance 1833
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Required by City Charter and BMC
Training Schedule is Flexible
Proposed Amendment
Consequences for failure of appointed officials to attend
BMC 2.03.600.A.14(b): “The City Clerk shall
forward to the Commission annually a list of appointed officials who fail to take the training required under this section and the Charter. The Commission may remove an official for
failing to take the required training.”
Ethics Training Attendance
REQUIRED
Charter (2008) Section 7.01(b): The city commission shall appropriate sufficient funds to the city manager to provide annual training and education of city officials, city
boards, and employees regarding the state and city ethics codes. City officials, board members, and employees shall take an oath to uphold the state and city ethics codes.’
Ordinance
No. 1759 passed in 2009 further clarified the meaning of this mandate. This is contained within section 2.01.130, BMC, Duties and Powers of the Board, A.14: “…in coordination with the
City Attorney, City Manager, and other appropriate City personnel, arrange for the conduct of an annual workshop, which shall serve as an orientation for new Board members and an opportunity
for experienced members to explore specific issues in depth; attendance at this workshop shall be made a condition of service as a member of the board, and, before taking office, Board
members shall commit themselves to attend it.”
Training Schedule: finishing 3rd round (inperson, online, inperson) online available at any time; in person – offered many different
sessions in March, April, May
Consequences:
-past: city clerk informed commission at time or reappointment (2-4 years – not timely and does little to ensure compliance)
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Charter Section 7.01(a)
“The use of public office for private gain is prohibited. The city commission shall implement this prohibition by ordinance, the terms of which shall include,
but not be limited to:
acting in an official capacity on matters in which the official has a private financial interest clearly separate from that of the general public,
the acceptance
of gifts and other things of value,
acting in a private capacity on matters dealt with as a public official,
the use of confidential information, and
appearances by city officials
before other city agencies on behalf of private interests.”
Application to Gifts:
Some gifts could be viewed as influencing or rewarding someone acting in an official capacity
Gifts, Gratuities and Favors
STARTING POINT: To evaluate any provision of our ethics code, we always should start with our city’s constitution, the 2008 Charter enacted by the citizens.
--Section 7.01: established
the Board of Ethics, set forth basic ethical principles and guidelines that must be addressed by ordinance.
--SLIDE: Key principle: Use of public office ….
--SLIDE: 5 examples of
issues that should be addressed regarding the use of public office for private gain
First 2
SLIDE APPLICATION TO GIFTS:
-Some gifts to an official or employee might be designed to
reward past decisions or influence future ones.
--Those clearly are contrary to the charter’s overriding principles and should be prohibited by any ordinance addressing gifts.
But
other gifts do not run afoul of these principles
-CHALLENGE: So the challenge in implementing an ordinance restricting gifts to city employees and officials is where to draw the line
on what is an acceptable gift and what is not. What type of gift runs afoul of our ethical guiding principles and what does not?
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Current Bozeman Code (BMC 2.03.540)
“No official or employee shall accept a gift, gratuity, or favor from any person or entity, except as authorized by law.”
Gifts, Gratuities and Favors
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Reevaluation Process
Board Meetings
Ethics Trainings
Drafting Proposed Amendments
Employee Evaluation of Proposed Amendments
Gifts, Gratuities and Favors
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Montana State Law:
Less than $50:
No prohibitions whatsoever, regardless of purpose or intent
$50 or More:
Not allowed if designed to reward official action or if would tend to improperly
influence official action
Some exceptions
Gifts, Gratuities and Favors
Exceptions: award publicly presented in recognition of public service, food and bevs consumed when participating in a charitable, civic or community event that beras a rel’ship to
the person’s duties
State law does not want to police relatively small gifts, regardless of whether they are being offered or accepted for an unethical purpose.
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Proposed Gift Amendments (BMC 2.03.540)
Subsection A: Legislative Intent
Subsection B: Three Key Limitations on Any Gift
INFLUENCE: That would tend improperly to influence a reasonable
person in the person’s position to depart from the faithful and impartial discharge of the person’s duties.
REWARD: That the person knows or that a reasonable person in that position
should know under the circumstances is primarily for the purpose of rewarding the person for official action taken.
≥$100: Has a value of $100 or more for an individual.
Gifts, Gratuities and Favors
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Subsection B: Three Key Limitations on Any Gift
Gifts, Gratuities and Favors
INFLUENCE
REWARD
≥$100
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Proposed Gift Amendments (BMC 2.03.540)
Subsections C/D: Further Limits On Gifts Valued $25-$100
Must comply with subsection B (not for influence or reward)
Must be “provided incidental
to and in conjunction with a public event where the official or employee’s attendance is in fulfillment with their official duties.”
Must file a disclosure statement
Gifts Valued <$25
Must
comply with subsection B (not for influence or reward)
Gifts, Gratuities and Favors
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Proposed Gift Amendments (BMC 2.03.540) Summary
Intended to Influence or Reward: Prohibited
$100 or More: Prohibited
Between $25 & $100: Permitted if
passes Subsection B
is incidental
to attending public event in official capacity
file disclosure statement
Under $25: Permitted if
passes Subsection B
Gifts, Gratuities and Favors
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Proposed Gift Amendments (BMC 2.03.540)
Subsection E: Items that are Not Considered Gifts
Gifts to persons in their private capacity and without relationship to their employment or
official duties
Prize received upon random drawing
Award publically presented in recognition of public service
Gifts, Gratuities and Favors
Go through all facets of each
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Discussion and Questions
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