HomeMy WebLinkAbout04-25-12 memo to BE re; ethics handbook additionMemorandum 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 Item H. Approve language revisions within the City Ethics Handbook that were previously discussed.
RECOMMENDED MOTION: I move to approve the language highlighted
in yellow below to be added to the Bozeman Ethics Handbook.
9. Can Employees or Officials Accept Gifts?
Gifts are undeniably a major topic of discussion for employees and officials.
Questions invariably arise as to whether it is a violation of the City Code of Ethics to accept a tin of holiday cookies or even a free cup of coffee. City officials or employees are
not permitted to accept a gift, gratuity, or favor from any person or entity, except as authorized by state law (2.03.540). The City Attorney determined in 2008 that the intent of the
gift provision in the Bozeman Municipal Code is to prohibit gifts offered because of a recipient’s official position, regardless of the value of the gift.
According to Montana state
law, it is unlawful for an official or employee to accept a gift of substantial value (defined as $50 or more), or of a substantial economic benefit that would improperly influence a
reasonable person to depart from their duties, or is primarily viewed as a reward (2-2-104(1)(b), MCA).
The question is not whether a gift offered by a citizen is done with the intent
to unduly influence an official or employee. The question an employee or official must focus on is whether a reasonable member of the public would view the gift as improperly influencing
a reasonable person to depart from their duties or is designed to reward that employee or official for official action. Gifts that are exempt from state law include any gift that is
returned or given to charity and any of the following:
Food and beverages consumed on the occasion when participation in a charitable, civic, or community event bears a relationship
to the public officer’s or public employee’s office or employment or when the officer or employee is in attendance in an official capacity;
Educational materials directly related to
official governmental duties;
Public award recognizing public service; and
Educational activity that does not appear to place the recipient under obligation, clearly serves the public
good, and is not lavish or extravagant (2-2-102(3)(b), MCA).
City officials or employees are not permitted to accept loans at a substantially lower rate or compensation at a substantially
higher rate (2-2-104(2), MCA).
The City Attorney routinely advises employees and officials on a case-by-case basis regarding whether acceptance of a gift is lawful; generally, the acceptance
of any gift to a public employee or official is prohibited under the Bozeman Municipal Code (for more information on contacting the City Attorney, see Section 17 of this handbook).
BACKGROUND: City Attorney Greg Sullivan added the highlighted language to the Code of Ethics to clearly indicate the city’s position regarding gifts and clarify that he is the main contact
for more information. Boards of Ethics members have informally indicated their approval of this language. The suggested motion would serve to more formally render this opinion.
Report
by: Aimee Kissel on 4-23-12