HomeMy WebLinkAbout04-25-12 Memo to BE re determination whether working groups subject to city code of ethics, rvsd akMemorandum to the City of Bozeman Board of Ethics
FROM: Greg Sullivan, City Attorney
Aimee Kissel, Deputy City Clerk
MEETING DATE: April
25, 2012
RE: Agenda Items I and J: Discussion on the definition of “official” and standards for persons covered; Formal Decision on Determination whether the Community Climate Action
Plan Working Groups are subject to the City Code of Ethics.
RECOMMENDATION: Discuss several issues related to the definition of “official” found at 2.03.470.A.9 and the standards for
persons covered at 2.03.480. After your discussion we recommend you issue a formal opinion that members of the Community Climate Action Plan Working Groups are subject to the City Code
of Ethics. If so, we recommend you direct us to draft a Resolution that would serve as the formal opinion of the Board of Ethics to be approved by motion and vote at the next Board of
Ethics meeting. We will immediately advise the staff liaison to the working groups of your decision. We propose the working group members only be required to obtain a copy of the Ethics
Handbook and undergo the online ethics training.
BACKGROUND: Questions have arisen as to the scope of coverage of the Code of Ethics; specifically, as the coverage is related to temporary
or ad hoc groups of citizens recommending policy to the City. We plan to discuss with you previous decisions of the City Attorney regarding this issue and ask you render a formal decision
whether members of the Community Climate Action Plan Working Groups (the “Working Groups”) are subject to the Code of Ethics. We ask that you evaluate the definition of “official” found
at 2.03.470.A.9 and the standard for “persons covered” at 2.03.480, BMC.
2.03.470.A. Definitions. 9. "Officials" means all officers and members of the city's agencies, whether elected
or appointed, whether paid or unpaid, whether permanent, temporary, or alternate, and that are not employees.
2.03.480./Persons covered.
All city officials and employees shall be
bound by this division. All officials, including members of the parking commission and library board, and all employees shall be bound by this division. Upon initial employment and annually
thereafter each employee, official and member of every board or committee shall verify that such employee, official and board or committee member has not and will not knowingly violate
any provision of this division or the rules, standards of conduct or rules of ethics established by state law.
The Working Groups were established via City Commission Resolution 4358
and are made up of volunteers investigating and making recommendations to the City Commission and city staff on a particular issue or subject. The Working Groups are temporary in nature
and disband after the initial investigation or task is accomplished. These Working Group members are not appointed
by the City Commission. They are selected by city staff liaisons based upon stakeholder interest and expertise on the issue.
Please also see Sect. 3(11) of Resolution 4373 creating
the Technical Advisory Committee for the City’s Integrated Water Resources Plan. This resolution clearly indicates the TAC is subject to the Code of Ethics.
Also, please see the attached
email written by City Attorney Greg Sullivan which may help inform your discussion. The email provides Mr. Sullivan’s opinion that the Inter-Neighborhood Council members are not subject
to the City’s Code of Ethics and explains the reasoning behind this opinion.
We also ask you to consider whether; if Working Group members are subject to the Code of Ethics whether
accommodations should be made to the requirements for annual ethics training based on the temporary nature of working groups.
Attachments:
Resolution 4358, Creating and defining the
purpose and structure of Community Working Groups to assist with Implementation of the Climate Action Plan.
Resolution No. 4373, Creating and defining the purpose and structure of a
Technical Advisory Committee convening for the City’s Integrated Water Resources Plan.
Email from City Attorney Greg Sullivan determining that Inter-Neighborhood Council members are
not subject to the City’s Code of Ethics.
Report by: Aimee Kissel and Greg Sullivan on April 23, 2012