HomeMy WebLinkAbout04-25-12 Memo to BE re; determination whether working groups subject to city code of ethicsMemorandum to the City of Bozeman Board of Ethics
FROM: Aimee Kissel, Deputy City Clerk
Greg Sullivan, City Attorney
MEETING DATE: April
25, 2012
RE: Determination whether Working Groups shall be subject to the City Code of Ethics.
RECOMMENDATION: Discuss and render an opinion whether working groups such as the ones
described by the attached Resolutions should be subject to the City Code of Ethics. Direct staff 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.
BACKGROUND: Questions have arisen as to whether members of city sponsored working groups are subject to the city’s
Code of Ethics. Working Groups are made up of volunteers investigating and making recommendations to the City Commission and city staff on a particular issue or subject. Working groups
are temporary in nature and disband after the initial investigation or task is accomplished. Some working group members are not appointed and are selected by city staff liaisons based
upon stakeholder interest and expertise on the issue. Other members of working groups are appointed by the City Commission after staff has recruited appropriate community members to
apply.
In determining whether working group members are subject to the city’s Code of Ethics please consider whether they fit into the definitions in:
2.03.480 BMC persons covered and;
2.03.470.A.9
BMC definition of official.
The attached email written by City Attorney Greg Sullivan may help inform your decision regarding the meaning of these definitions. 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 his reasoning.
If working group members are subject to the code
of ethics should accommodations be made to the requirements for annual ethics training based on the temporary nature of working groups?
For additional background on working groups please
refer to the attached Resolutions which create and define the purpose and structure of the Community Climate Action Plan Working Groups and the Integrated Water Resources Plan Technical
Advisory Committee.
Attachments:
2.03.480 BMC persons covered
2.03.470.A.9 BMC definition of official
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, revised by Greg Sullivan on April 23, 2012