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HomeMy WebLinkAbout04-25-12 Memo to BE re; noncompliance with trainingMemorandum to the City of Bozeman Board of Ethics                     FROM:                       Aimee Kissel, Deputy City Clerk Greg Sullivan, City Attorney MEETING DATE: April 25, 2012 RE: Amendments to Code of Ethics Section 2.03.600; authorizing removal of official for non-attendance at Ethics Training RECOMMENDATION: Approve Board of Ethics Resolution No. BE-2012-01; rendering an opinion to amend the Bozeman Code of Ethics Section 2.03.600; removal of official for non-attendance at Ethics Training BACKGROUND: The citizen approved Bozeman City Charter adopted in 2008 states within 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 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. The City is now finishing up the third round of annual ethics trainings as required. Questions have been raised as to the appropriate consequences and procedures to be taken if a board or committee member (official) does not attend the annual training. In the past, the city clerk has informed Commissioners at the time of re-appointment if a board member has failed to take the training. Since terms usually extend two to four years, this practice is not timely and does little to ensure compliance with the requirement. During the February 15, 2012 Board of Ethics meeting, Deputy City Clerk Aimee Kissel asked the board for advice regarding Advisory Board model Rules of Procedure related to consequences for non-compliance with the ethics training requirement. During that meeting, board members said they would rather see consequences written directly into the code of ethics with a reference in the Model Rules of Procedure. Board of Ethics members directed staff to draft an addition to section 4.80 of the Codes (as new a.) that would say, ‘The city clerk shall forward to the Commission annually a list of any board member or elected official who fails to take the required ethics training.’ (new b.) The Commission may remove a board member for failing to take the training.’ Board of Ethics members also confirmed that they would like new board and committee members to take the brief online ethics training and then also attend the more in-depth yearly training being offered that year. Re-occurring board members, having already taken the online training at first appointment would just be subject to the in-depth yearly training. Board of Ethics members also discussed what alternatives board and committee members may have if extenuating circumstances prevented their attendance at one of the annual ethics trainings. Board of ethics members advised that in these cases, board members would be allowed to take the online training a second time to fulfill this requirement as long as the member was not habitually missing training. According to the City Code of Ethics, Section 2.01.130 B. (3) ‘The Board may: render and publish formal opinions on any matter within the scope of the Board’s 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;’ To formalize the recommendations made by the Board of Ethics city staff presents the attached Board of Ethics Resolution No. BE2012-01. Please review the attached Resolution and make revisions as appropriate. If Board of Ethics members are in agreement with the Resolution, please approve by motion and vote. City staff would recommend that the Board of Ethics members consider whether another alternative to taking the online training a second time may be appropriate for those who did not attend training due to extenuating circumstances. For example, an alternative that may be offered in the future may be watching a video recording of the training or writing essay type answers to several provided case studies. Language within the Resolution has been drafted so as to make alternatives possible on an annual basis, allowing for flexibility as the ethics program continues. ALTERNATIVES: RECOMMENDED: Approve Resolution No. BE2012-01 as provided. OR Approve Resolution No. BE2012-01 with revisions. OR Do not pass Board of Ethics Resolution No. BE2012-01 and provide another manner to formalize this opinion. OR Refrain from providing a formal opinion on this matter. Attachments: Draft Board of Ethics Resolution No. BE2012-01 Report by: Aimee Kissel, edited by Greg Sullivan on April 23, 2012