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HomeMy WebLinkAboutOrdinance No. 1759, Amending Ordinance No. 1726 - ethics.pdfORDINANCE NO 1759 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN MONTANA AMENDING ORDINANCE NO 1726 BY rZiiA7TIIA T TLTT l17TAii A N Ai77TASiiDA7 A ART 1lT71T n TREVISINGCHAPTER 201 OF SAID CODE PROVIDING FOR THE AMENDMENT OF CHAPTER 201 BY AMENDING THE C v A ililrTr ASLVU SECTIONS ON FINANCIAL DISCLOSURE POST EMPLOYMENT PROHIBITIONS AND DEFINITIONS ten nnn BE IT ORDAINED by the City Commission ofthe City of Bozeman Montana Section 1 That Chapter 201 of the Bozeman Municipal Code be amended so that Bozeman Municipal Code Chapter 201 shall read 201010 Declaration of Policy The proper operation of the city government requires that public officials and employees be independent impartial and responsible that governmental policies and decisions be made in the proper channels of the governmental structure that public office and employment not be used for personal gain and that the public have confidence in the integrity of its government The purpose of this code ofethics 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 and effective public service and to prohibit conflict between public duty and private interest Nothing herein shall be construed to relieve any employee or official of the responsibilities set forth in Sections 2210422105 2212122 131 and 754109 of the Montana Code Annotated Where a provision or interpretation of this Chapter conflicts with a provision of the Montana Code Annotated the more stringent provision or interpretation requireing a greater level ofpublic disclosure shall apply 201020 Definitions As used in this chapter the following terms shall have the following meanings unless the context clearly indicates that a different meaning is intended A Agency means the City Commission and all other agencies board committees departments and offices ofthe city without exception B Board means Board of Ethics C B City means the City of Bozeman Montana D Confidential information means any information which is not available to the general public and which is obtained only by reason of an officials or employeesposition E Direct Advantage means a gain or benefit to the former public servant hisher present principal or employ F Employee means all individuals employed by the City and its agencies but does not include independent contractors hired by the City City Commissioners or any Municipal Judge G Financial interest means any ownership interest contractual relationship business relationship or other interest which will result in a monetary or other material benefit to an official or employee either tangibly or intangibly which has a value of more than fifteen dollars other than his or her duly authorized salary or compensation for his services to the city and which interest is not common to the interest of all other citizens of the city The following financial interest shall be imputed to be those of an official or an employee of the city that of a spouse or child of an official or employee that of any prime contractor or subcontractor ofthe city in which the official or employee or any member of his or her immediate family has any direct or indirect interest as the proprietor by ownership of stock or partnership interest H Immediate family means spouse and children I Officials means all officers and members of the citys agencies whether elected or appointed whether paid or unpaid whether permanent temporary or alternate and that are not employees J I Personal interest means any interest in the matter which would affect the action ofthe official or employee other than a financial interest and other than an interest because of membership in or affiliation with but not employment by a social fraternal charitable service educational religious governmental health service philanthropic cultural or similar nonprofit institution or organization K I Public servant means officials members of the Parking Commission and Library Board and employee as defined in this section L Transaction means the offer of or the sale purchase or furnishing of any real or personal property or services by or to any person or entity directly or indirectly as vendor or vendee prime contractor subcontractor or otherwise for 2 the use and benefit of the city or of such other person or entity for a valuable consideration 201030 Persons Covered All city officials members ofthe Parking Commission and Library Board and employees shall be bound by this chapter 201040 Standards of Conduct A Officials and employees have an obligation to act morally and honestly in discharging their responsibilities B Officials and employees shall conduct themselves with propriety discharge their duties impartially and fairly and make continuing efforts toward attaining and maintaining high standards ofconduct C Each official or employee serving on a multimember agency is expected to devote the time and effort necessary to the successful functioning ofsuch agency D No official or employee shall improperly use directly or indirectly his city position to secure any financial interest or personal interest for himself or others E No official or employee shall for any reason use or attempt to use his position to improperly influence any other official or employee in the performance of his official duties F No employee shall act in aprivate capacity on matters that they are directly responsible for as an employee G No official shall act in a private capacity on matters acted upon as an official 201050 Use of Citv Resources No official or employee shall use or permit the use of cityowned vehicles equipment material or city personnel for personal use ofthe employee or official or anyone else or to be used in any manner prohibited by state statutes or city ordinance No city automobile shall be used by a city employee or official going to or from home except when such use is for the benefit of the city as in the case of an employee on call outside of the employees working hours 201060 Treatment of the Public City officials and employees represent the city government to the public In their contact with the public officials and employees must bear in mind their role as public servants Each member of the public should be treated courteously impartially and fairly 201070 Conflict of Interest A No official or employee shall engage in any employment or business which conflicts with the proper discharge of his official duties B No official or employee shall have a financial or personal interest tangibly or intangibly in any transaction with the City as to which he has the power to take or influence official action unless full public disclosure is made If an official or employee has any tangible or intangible financial or personal interest in the outcome of any matter coming before the agency of which he is a member or by which he is employed such official or employee shall publicly disclose on the record of the agency or to his superior or other appropriate authority the existence of such financial or personal interest An official or employee having such a financial or personal interest shall not engage in deliberations concerning the matter shall disqualify himself from acting on the matter except in the event of a tie vote and shall not communicate about such matter with any person who will participate in the action to be taken on such matter C 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 D No official whether paid or unpaid shall represent or appear on behalf of any individual or entity in any action or proceeding of concern 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 officials 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 matter represented by an associate or partner shall disqualify himself from acting on the matter except in the event ofa tie vote and shall not communicate about such matter with any person who will participate in the action to be taken on such matter E Nothing in this section shall be interpreted or construed to prohibit any official or employee from exercising his legal rights as to his own personal interests in a matter pending before the City or any of its agencies or to prohibit an official or employee from testifying as a witness in any administrative or judicial proceeding However no official or employee who represents his own personal interest before an agency of which he is a member or a member ofan agency to which the matter may 4 be appealed shall participate in the decision ofthat agency or the appellate agency 201080 Confidential Information A No official or employee shall without legal authority disclose confidential Information concerning the personnel property government or affairs ofthe city B No official or employee shall use confidential information to advance his own financial or personal interest or the financial or personal interests ofany other person C Nothing in this section shall be interpreted as prohibiting the disclosure of information required by law to be disclosed 201090 Gifts Gratuities and Favors No official or employee shall accept a gift gratuity or favor from any person or entity except as authorized by law 201100 Financial Disclosure Statement The Ethics Board shall prepare for approval by the City Commission a financial disclosure statement form and recommendations for filing deadlines procedures and who must file consistent with the following A The Finance Director and the Personnel Director shall certify to the City Clerk a list current as of the previous January 1 of the names and mailing addresses of persons who are required to file a financial statement in the currents ear B The financial statement must include the following information 1 the name and address of the public servant and describe any current employment in addition to employment with the City of Bozeman 2 each present or past employing entity from which benefits including retirement benefits are currently received by the individual 3 each business firm corporation partnership or other business or professional entity or trust in which the individual holds an equity interest of 10 or more of the entity 4 each entity not listed under subsection B1 through B3 which the individual is an officer director or registered aegnt regardless of whether or not the entity is enga ed for profit and 5 all real property other than a personal residence in which the individual holds an equity interest of 10 or more of the real property Real property may be described bgeneral description such as street address or hi hway location C Who must file financial statements Financial statements must be filed by the members of the City Commission the Ci Mangegrdepartment heads and other major financial decision makers which may include members of the Library Board and Parking Commission 5 D Each department annually shall develop and then review a list of vendors and service providers of that department whoprovide through contract purchase order or otherwise services or materials greater than 2500 each month or more than 10000 per year Each member of that department receives these services or materials must disclose if he or she has an economic relationship with that vendor If the decision maker has a substantial economic relationship with that vendor that decision maker may not make decisions regarding that vendor For the purposes of this ordinance substantial economic relationship is that amount of interest in the organization compensation including all benefits or other valuable consideration exceeding 10000 201110 Post Employment Activities No former public servant 1 during the 12 months following the date on which the former public servant ceases service to the City of Bozeman may without complying with the provisions of 201111 make any formal or informal appearance before or negotiate with any decision maker on any matter a ar aawhich was under the public servants direct responsibility as a public servant 2 may for compensation without complying with the provisions of 201111within 12 months after termination of public service act on behalf of any party other than the City in connection with any matter in which the former public servant participated personally and substantially as a public servant 3 shall use or continue to use any former official City title including use on business cards or stationery following termination of employment with the City except that such use is not prohibited if the public servant indicates that the employment with the City was former to current employment B Upon initial employment and annually thereafter each employ ee public official and member of any board or committee shall verify heshe has not and will not knowiniyviolate anX provision of this ordinance or the rules standards of conduct or rules ofethics established by state law 201111Public Notice Required During the first 12 months following the date on which the former public servant ceases service to the City of Bozeman any former public servant intending to make any formal or informal appearance before or negotiate with any decision maker shall file with the Clerk of the City Commission and with the office ofthe City Attorney a public notice of 6 the former public servants desire to negotiate or appear informally or formally before a decision maker Such written disclosure shall state in substance the purpose for which the former public servant wishes to appear or negotiate with the decision maker the reason for such appearance or negotiation and a disclosure of all offices or employment held by the former public servant during the last 12 months of service to the City of Bozeman Upon filing such written disclosure the former public servant is not prohibited from the post employment activities proscribed in 201110A 1 2 201120 Board of Ethics A There is created a Board of Ethics consisting of three 3 members eare who shall serve without compensation unless the governing bodesprovides otherwise Members of the Board of Ethics shall not be elected officials of the City fulltime appointed City officials whether exempt or nonexempt or City employees nor shall they be currentlsXother City board orcommission B Members of the Board shall be residents ofthe City C Board members shall be appointed by the governing body An appointment to fill a vacancy shall be made by the appointing authority who appointed the member who formerly held the position which is vacant D The Board shall select its own presiding officer from among its members E Board members shall serve staggered terms of two 2 years A member shall hold office until a members successor is appointed At initial appointment of the members of the board one ofthe initial members shall be appointed for a term of three 3 years and thereafter for a term ofone 1 year F The governing body shall provide such staff support for the Board as the governing body determines to be necessary for the Board to fulfill its duties The City Attorney is designated to be the legal advisor for the Board except that the City Attorney is not authorized to represent the Board in any legal action if doing so would create a conflict which would prevent the City Attorney from also representing the Mayor the City Manager or the governing body The City Clerk shall serve as Recording Secretary to the Board and shall provide such administrative services to the Board as may be necessary Neither the City Attorney nor the City Clerk shall be eligible for appointment as board members 201130 Duties and Powers of the Board A The Board shall in addition to its other duties 1 adopt written rules governing its procedures and providing for the holding 7 of regular and special meetings which rules shall be subject to the approval of the governing body a copy ofthe rules shall be filed with the City Clerk and 2 administer oaths 3 conduct hearings as needed to hear and decide specific cases in which a violation of this Chapter or a violation of Title 2 Chapter 2 Part 100 of Montana Code Annotated is alleged whether such cases arise from a complaint or are brought on the Boards own motion and 4 no later than December of each year submit an annual report to the governing body concerning its action in the preceding year the report shall contain i a summary of its decisions and opinions both open and confidential the Board shall make any alterations in the summaries necessary to prevent disclosure ofany 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 ii recommend any legislative or administrative actions regarding the Citys policies and practices which the Board believes would or could enhance the ethical environment in which public servants work and 5 establish a process for systematically and regularly evaluating all significant aspects of the administration and implementation ofthis Chapter which shall include an annual review of the full scope of operations of the Board and its procedures and which shall insure that the both the public and all public servants are provided a reasonable opportunity and are encouraged to participate in the process and 6 prescribe and make available forms for use under this Chapter and 7 when it deems it appropriate request the City Attorney for assistance in compelling the production of documents and witnesses to assist the Board in the conduct of any investigation 8 when circumstances make it necessary to do so retain outside legal counsel and other experts as needed after solicitation of recommendations from the City Attorney unless the need to retain outside counsel is caused by a conflict involving the City Attorneys Office and upon approval by the governing body of a contract for services approved as to form by the City Attorney and 9 serve as legal custodian of the Boards records and accept file maintain and administer in accordance with all applicable laws any information related to the purposes ofthis Chapter and 10 make financial disclosure statements filed with the Board available for public inspection and copying facilities available at a charge which is the minimum 8 amount permitted under applicable law All open opinions of the Board shall be filed with the City Clerk and are open to public inspection To the extent permitted by law confidential opinions and any records obtained or filed in connection with requests for confidential opinions whether the records are written tape recorded videotaped or otherwise recorded shall be kept confidential and confidential advisory opinions rendered shall be closed in whole to public inspection Confidential opinions and summaries of them or open references to them shall be drafted in such a way as not to reveal confidential information 11 compile and maintain an index to all financial disclosure statements currently on file with the Board to facilitate public access to such statements and 12 develop a plan for implementation ofa program to educate public servants who are subject to this Ordinance and the public about their rights duties and responsibilities hereunder and 13 within one year from the ttedateofthe first meeting of the Board submit to the governiny for its approval and promulgation an ethics handbook for the use of all public servants and the public the personnel department shall document that each City officer and employee receives a copy of the handbook and acknowledges receipt of the handbook in writing and 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 B The Board may 1 conduct hearings as it determines necessary or appropriate i to ascertain public opinions and to gather information from the general public employees or others regarding any aspect of the Citys ethics policies or practices and ii for any other purpose for which the Board is authorized to conduct hearings and 2 respond as it deems appropriate to requests for confidential advisory opinions the Board may decline to render an opinion in response to any request for an advisory opinion 3 render and publish formal opinions on any matter within the scope of the Boards authority which it may deem appropriate the Board may initiate opinions on its own motion or upon request any formal opinion shall be in writing and 9 4 prepare and publish special reports technical studies and recommendations to further the purposes ofthis Ordinance 201140 Who May Repuest Board Action A Any person may file a complaint with the Board and any public servant prospective public servant or former public servant either personally or on behalf of an organization or governmental body may request of the Board an ethics opinion whether a formal opinion or a confidential advisory opinion regarding the propriety of any matter or matters to which the person is or may become a party and any decision maker with the consent of a prospective appointee may request of the Board an ethics opinion regarding the propriety of any matter to which the public servant prospective public servant or former public servant is or may become a party B Any request for Board action shall be in writing and shall be signed by the person making the request 201150 Limitations on Boards Power The Board does not have the authority to reverse or otherwise modify aprior action ofthe Mayor governing body or an officer or employee of the City If the Board finds a prior action of the Mayor the governing body officer or employee to have been ethically improper the Board may advise the appropriate party or parties that the action should be reconsidered Upon such advice by the Board the action shall be reconsidered by the appropriate person or public body If the Board determines an existing City contract to be ethically improper after such determination and advice from the Board the City may void or seek termination ofthe contract if legally permissible The Board may refer a matter to the City Attorney for review and consideration for appropriate action Upon completion of review and consideration the City Attorneys Office shall report its findings to the Board 201160City Attorney Opinions A at the request of a person the City Attorney may render an informal or formal advisory opinion with respect to the prospective conduct of such person An informal advisory opinion need not bewritten and may be provided directly to the requestor of such opinion A request for a formal advisory opinion must be in writing and include all the information and documents related to the request The requestforeither an informal or formal advisory opinion must state all the material facts so the City Attorney may render a complete and correct opinion The City Attorneys formal advisory opinion must be in writing Nothing in this Chapter shall be construed to prohibit a request for an opinion by any public servant from theCity Attorney regarding a potential conflict of interest Neither a request for an informal or formal advisory opinion nor the making of a statement concerning a potential conflictof interest made by a member of the City Commission in the course of abstaining from voting or making a motion of selfrecusalshallcreate a presumption or inference that a public servant actually has a personal 10 interest in the matter about which the opinion was requested if the City Attorney elects to render an opinion the City Attorney shall within a reasonable time submit a written summary of the opinion to the Ethics Board for the Boards information if the City Attorney declines to render an opinion nothing shall preclude the person requesting the opinion from requesting the Ethics Board for an opinion B Any formal advisory opinion issued pursuant to Section 201160may be relied upon by the person directly involved in the specific transaction or activity to which such advisory opinion has been issued and any person directly involved in any specific transaction or activity which is indistinguishable in all its material aspects from the transaction or activity with respect to which such advisory opinion was rendered C Any person who relies upon a formal advisory opinion pursuant to this section and who acts in good faith in accordance with the provisions and findings of such opinion shall not as a result to such act be subject to prosecution under this Chapter or in the case where the opinion is exculpatory be subject to any administrative adverse action or civil action based upon legal authority cited in that opinion D The City Attorneys client is the City of Bozeman and not the individual requesting the opinion No request for an opinion from the City Attorney shall constitute the establishment of an attorneyclient relationship with the individual requesting the opinion 201170 Procedures for Hearing Complaints A Any person may file a written complaint signed and sworn with the City Clerk alleging a violation of this Chapter or a violation of Title 2 Chapter 2 Part 100 of Montana Code Annotated B A complaint shall specify the provisions of this Chapter or provisions of Title 2 Chapter 2 Part 100 of Montana Code Annotated alleged to have been violated and facts alleged to constitute the violation C Upon receipt of such a complaint but in any event not later than three 3 working days after receipt the City Clerk shall acknowledge receipt to the complainants and forward the complaint simultaneously to the Board the person who is complained against and the City Attorney D The City Attorney shall provide the Board with a preliminary written analysis of the complaint no later than thirty 30 days from the date the complaint is filed with the City Clerk E During any investigation and during any hearing which is conducted to determine whether a violation of this Chapter or a violation of Title 2 Chapter 2 Part 100 of Montana Code Annotated has occurred 1 the person under investigation or the accused may be represented by 11 counsel of his or her own choosing and 2 the accused or his or her representative if any shall have an opportunity to i challenge the sufficiency of any complaint which has been filed against him or her and ii examine all documents and records obtained or prepared by the Board in connection with the matter heard and iii bring witnesses and iv establish all pertinent facts and circumstances and v question or refute testimony or evidence including the opportunity to confront and crossexamine adverse witnesses and vi exercise to the extent the Board in its discretion determines to be just and reasonable any pretrial discovery procedure usually available in civil actions F The following principles shall apply to evidence in connection with hearings conducted by the Board 1 The Board shall not be bound to adhere to statutory Rules of Evidence but shall be fundamentally fair in its administration of evidence and 2 During any hearing conducted by the Board to determine whether a violation of this Ordinance has occurred all evidence including certified copies of records which the Board considers shall be fully offered and made a part of the record in the proceedings and 3 The accused or any other person under investigation shall be afforded adequate opportunity to rebut or offer countervailing evidence and 4 The Board shall inform the accused or his or her counsel of exculpatory evidence in its possession and 5 The standard of evidence in hearings conducted under this Chapter shall be clear and convincing evidence admitted at the hearing G The Board in addition to its other duties and powers may 1 appoint a hearing officer to conduct hearings under this Chapter and 2 with the approval of the governing body retain outside legal counsel and other experts as needed with respect to hearings in accordance with its policies The selection of a hearing officer and outside counsel and other experts and any contract for such persons shall be made after solicitation of recommendations from the City Attorney and upon approval by the governing body of a contract for services approved as to form by the City Attorney and 3 order testimony to be taken by deposition before any individual who is designated by the Board and in such instances to compel testimony and the production of evidence to the extent it is otherwise lawfully authorized to do so and 4 require any person to submit in writing such reports and answers to questions relevant to the proceedings conducted under this Chapter as the Board may prescribe such submission to be made within such period and under oath or otherwise as the Board may determine and 5 request and obtain from the Department ofRevenue copies ofstate income 12 tax returns and access to other appropriate information as permitted under state law regarding all persons who are the subject of such investigation H The person complained against shall have twenty 20 days from the day after the City Clerk serves the complaint on the person to submit a written response to the complaint prior to the Board deciding whether to hold a hearing Service may be by certified mail return receipt at the last know address in City Records or personal service I If the complaint is dismissed the complainantsshall have one opportunity within fifteen 15 days of the dismissal to amend the complaint and to refile it with the Board J Any person whose name is mentioned or who is otherwise identified during a hearing being conducted by the Board and who in the opinion of the Board may be adversely affected thereby may upon request of the person or a representative of the person or upon the request of any member of the Board appear at the hearing to testify on his or her own behalf or have a representative appear to so testify and the Board may permit any other person to appear and to testify at a hearing K Upon request of the accused on its own motion or upon request of the City Attorney the Board shall issue subpoenas to compel the attendance of necessary witnesses L At the next regular meeting or within thirty 30 days whichever is sooner following receipt of the City Attorneys analysis the Board shall review and consider the complaint and the City Attorneys analysis and if a hearing is to be held shall set a date certain for the hearing to take place within thirty 30 days unless the accused petitions for and the Board consents to a later date M As soon as practicable after giving due consideration to a complaint or if a hearing was held after the hearing the Board shall take any action or combination of actions which it deems appropriate and which it is lawfully empowered to take including but not limited to the following 1 dismiss the complaint based on any ofthe following grounds i the complaint does not allege facts sufficient to constitute a violation of this Chapter or a violation of Title 2 Chapter 2 Part 100 of Montana Code Annotated or ii the Board has no jurisdiction over the matter or iii failure of the complainant to cooperate in the Boards review and consideration ofthe complaint or iv the complaint is defective in a manner which results in the Board being unable to make any sound determination and 2 determine that no violation of this Chapter or a violation of Title 2 Chapter 2 Part 100 ofMontana Code Annotated has occurred or 13 3 determine that the complaint alleges facts sufficient to constitute a violation of this Chapter or a violation of Title 2 Chapter 2 Part 100 of Montana Code Annotated and that the Board will conduct a hearing in which case the Board shall promptly send written notice of such determination to the accused and to the party who made the complaint or 4 determine that further information must be obtained in order for the Board to determine whether the complaint alleges facts sufficient to constitute a violation of the Chapter or a violation of Title 2 Chapter 2 Part 100 of Montana Code Annotated and i conduct its own investigation with respect to any alleged violation or ii schedule the complaint for further review and consideration at a future time certain in which case the Board shall promptly send written notice of such determination to the accused and to the party who made the complaint or iii refer the complaint to any appropriate authorities for criminal investigation or iv refer the complaint if it appears to be substantiated to the county attorney or city attorney for prosecution or v refer the complaint along with the Boards findings and conclusions to any appropriate administrative authority for disciplinary action or other suitable remedial action the Board although it has no independent administrative authority may make any recommendation to any City administrator at any level of supervision if the Board finds that the recommendation will advance the objectives of this Chapter whether to implement the recommendation may be decided by whatever decision maker is authorized under the circumstances if it is determined that misconduct or malfeasance has occurred the Board shall refer the matter to the City Manager City Attorney or to the governing body as circumstances warrant 5 After it has made its final determination the Board shall issue its written findings of fact and conclusions and may issue any additional reports opinions and recommendations as it deems advisable under the circumstances All such reports shall be in compliance with all state and city laws governing confidentiality open government and torts All such reports shall be reviewed by the City Attorney prior to their issuance 201180 Those Subiect to Removal Only by the Governing Body If findings relative to an elected or appointed official are filed by the Board with the governing body the governing body may take action to remove the official in accordance with state law 201190 Ex Parte Communications A After a complaint has been filed and during the pendency of a complaint before the Board no member of the Board may communicate directly or indirectly with any party or other person about any issue of fact or law regarding the complaint except that 14 1 the members of the Board may obtain legal advice from the City Attorney or retained counsel and may discuss the complaint with their staff and 2 the members of the Board may discuss the complaint at a lawfully conducted meeting B If any person attempts to communicate with a Board member regarding the pending complaint the Board member shall report the substance of the communication to the Board on the public record at the next regular meeting ofthe Board 201200 Confidentiality of Board Information No member of the Board nor any public servant who has access to any confidential information related to the functions or activities of the Board shall divulge that information to any person who is not authorized to have it The identity of a person who requests a confidential advisory ethics opinion is confidential as is information describing or pertaining to any organization mentioned in the request for an opinion if the disclosure of the information could lead to the disclosure ofthe identity ofthe person requesting the confidential advisory opinion 201210 Waiver of Confidentiality A person who makes or purports to make public the substance of or any portion of an advisory opinion requested by or on behalf of that person is deemed to have waived the confidentiality of the request for an advisory opinion and ofany records obtained or prepared by the Board in connection with the request for an advisory opinion 201220 Statute of Limitations No action may be taken on any complaint which is filed later than one year after a violation ofthis Chapter is alleged to have occurred and a complaint alleging a violation must be filed within one year from the date the complainantsknew or should have known ofthe action alleged to be a violation Section 2 Repealer All resolutions ordinances and sections of the Bozeman Municipal Code and parts thereof in conflict herewith are hereby repealed Savings Provision Section 3 This ordinance does not affect the rights and duties that matured penalties that were incurred or proceedings that were begun before the effective date ofthis ordinance Section 4 Severability 15 If any portion of this ordinance or the application thereof to any person or circumstances is held invalid such invalidity shall not affect other provisions of this ordinance which may be given effect without the invalid provisions or application and to this end the provisions of this ordinance are declared to be severable Effective Date Section 5 This ordinance shall be in full force and effect thirty 30 days after final adoption PASSED by the City Commission ofthe City of Bozeman Montana on first reading at a regular session thereofheld on the 20t day of Apri12009 Qom KAAREN JACO SON Mayor ATTEST 4 ST LMEN CMC City PASSED ADOPTED AND APPROVED by the City Commission of the City of Bozeman Montana on second reading at a regular session thereofheld on the l lt day of May 2009 REN JAC SON Mayor ATTEST U STACY EN CMC City Clerk APP S TO FORM ULLIVAN City Attorney 16