HomeMy WebLinkAboutC2. Annual Ethics ReportCity Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Robin Crough, Executive Assistant
Approved by: Chris Carraway, Melissa Frost, and Mary Jane
McGarity, Board of Ethics
SUBJECT: Annual Report from the Board of Ethics
MEETING DATE: December 14, 2015
MEETING TYPE: Consent
RECOMMENDATION: Acknowledge the annual report from the Board of Ethics.
BACKGROUND: The annual report from the Board of Ethics is a way to inform the public,
officials, and city staff of the accomplishments, decisions, and opinions the board has made throughout
the year.
The Bozeman Municipal Code Sec. 2.03.600 specifically states that the board shall:
4. No later than December of each year, submit an annual report to the city commission concerning
its action in the preceding year. The report shall contain:
a. A summary of its decisions and opinions, both open and confidential; the board shall
make any alterations in the summaries necessary to prevent disclosure of any 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
b. Recommend any legislative or administrative actions regarding the city’s policies and
practices which the board believes would or could enhance the ethical environment in
which public servants work.
The Board of Ethics would be happy to come before the Commission if the Commission would like more
detail on this report. The Board will be working on 2016 training curriculum and logistics in January.
UNRESOLVED ISSUES: None identified at this time.
ALTERNATIVES: As recommended by the Commission.
FISCAL EFFECTS: None identified at this time.
Attachment: Board of Ethics 2015 Annual Report
Report Compiled on: December 7, 2015
9
CITY OF BOZEMAN
BOARD OF ETHICS
REPORT – 2015
www.bozeman.net/bozeman/Residents/Ethics
November 2015
TABLE OF CONTENTS
Board of Ethics Summary............................................................................................................................................... 2
Members ................................................................................................................................................................... 2
Current Board Members ........................................................................................................................................ 2
Past Board Members ............................................................................................................................................. 2
Support Staff .............................................................................................................................................................. 2
Membership Details .................................................................................................................................................. 2
Creation ..................................................................................................................................................................... 3
Board Duties and Responsibilities ............................................................................................................................. 3
Bozeman Municipal Code of Ethics ....................................................................................................................... 3
Requirement of Annual Report ............................................................................................................................. 4
2015 Report ................................................................................................................................................................... 4
2015 Year-End Report ................................................................................................................................................ 4
Summary of the Board’s Decisions and Opinions ...................................................................................................... 5
Administrative Accomplishments .............................................................................................................................. 5
Upcoming Goals ......................................................................................................................................................... 6
2016 Ethics Training ............................................................................................................................................... 6
Upcoming Recommendations ................................................................................................................................... 6
10
BOARD OF ETHICS SUMMARY
MEMBERS
CURRENT BOARD MEMBERS
Chris Carraway – Chair
• Appointed July 28, 2014
• Term expires July 31, 2016
• ccarraway@bozeman.net
Melissa Frost – Former Chair
• Appointed August 3, 2015
• Term expires July 31, 2017
• mfrost@bozeman.net
Mary Jane McGarity
• Appointed August 3, 2015
• Term expires July 31, 2017
• mmcgarity@bozeman.net
PAST BOARD MEMBERS
Rodger McCormick
• Appointed August 2008
• Term expired July 2010
Stephen Schultz
• Appointed August 2008
• Term expired July 2010
SUPPORT STAFF
Robin Crough – Executive Assistant
• rcrough@bozeman.net
• Administrative and Recording Services
Greg Sullivan – City Attorney
• gsullivan@bozeman.net
• Legal and Procedural Recommendations
MEMBERSHIP DETAILS
11
The Board of Ethics is made up of three members appointed by the City Commission to two-year terms. Members
cannot be City elected officials, City employees, or currently serving on any other City Board or Commission.
CREATION
2008 Bozeman City Charter
The Bozeman City Charter (the “Charter”) was proposed by the City of Bozeman’s 2004-2006 Local Government
Study Commission and was approved by the voters at the November 7, 2006 general election. The Charter became
effective on January 1, 2008. The Charter confers certain powers and restrictions, prescribing procedures and
governmental structure. The Charter was created …to secure the benefits of local self- government and to provide
for an honest and accountable commission-manager government. (Preamble, City of Bozeman Charter)
Section 7.01 (b) of the Charter called for the establishment of an independent Board of Ethics as well as the
requirement for annual training and education of city officials, city board members and employees regarding the
state and city ethics codes.
Ordinance No. 1726, Creation of the Board of Ethics
To establish a Board of Ethics (the “Board”) as required in the voter approved Charter, the City Commission
adopted Ordinance No. 1726 which provides guidelines for the creation of the board and other ethics related
content required in the Charter. These provisions are codified in the Bozeman Municipal Code at Chapter 2, Article
3, Division 4 (Sect. 2.03.460 et seq., BMC). Duties and powers of the Board, who may request board action and the
limitations of the board’s power, are included. In May of 2009, the City Commission adopted Ordinance No. 1759
which amended the original Ordinance. Changes made relating to the board itself were minor.
BOARD DUTIES AND RESPONSIBILITIES
BOZEMAN MUNICIPAL CODE OF ETHICS
Bozeman Municipal Code, Chapter 2, Article 3, Division 4 – Code of Ethics
The Code of Ethics is an important piece of City law. As the declaration of policy section 2.03.460 states, The
purpose of this code of ethics 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,
accountable and effective public service, and to prohibit conflict between public duty and private interest.
The following sections within the Code of Ethics directly relate to the Board. Other sections within the Code of
Ethics provide additional direction to the Board and the public in addressing ethical issues and violations.
Sec. 2.03.580 - Board of Ethics.
This section defines the composition and terms of the Board, requirements for membership, and lists the support
City staff will provide.
Sec. 2.03.600 - Duties and powers of the board.
This section provides details about Board procedures related to meetings, conducting hearings, and reporting and
establishing procedures for administration and implementation of the Code of Ethics. These duties include:
12
• Evaluating all aspects of the Code of Ethics to ensure the public and all public servants have a reasonable
opportunity and are encouraged to participate;
• Developing a plan to educate public servants about their rights, duties and responsibilities;
• Submit an annual report of summary decisions, opinions and recommended actions regarding ethical
practices or policies;
• Arrange for an annual workshop or training program for all employees, elected officials and board and
committee members; and
• Conduct hearings as needed.
Sec. 2.03.610 - Who may request board action.
This section outlines that any person may file a complaint with the Board and further explains who may request an
ethics opinion of the Board.
Sec. 2.03.620 – Limitations on board’s power.
This section explains in detail what limitations are placed on the Board and that the Board may refer a matter to
the city attorney for review.
In addition to the City’s Code of Ethics, the Board has jurisdiction over State of Montana Ethics laws. These
provisions are codified in Title 2, Chapter 2, Part 1, MCA (Sect. 2-2-101, et seq., MCA).
REQUIREMENT OF ANNUAL REPORT
The annual report of the Board is a way to inform the public, officials and city employees of what the Board has
accomplished in the past year and report any decisions or opinions.
The Bozeman Municipal Code Sec. 2.03.600 specifically states that the board shall:
4. No later than December of each year, submit an annual report to the city commission concerning its action in the
preceding year. The report shall contain:
a. A summary of its decisions and opinions, both open and confidential; the board shall make any alterations
in the summaries necessary to prevent disclosure of any 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
b. Recommend any legislative or administrative actions regarding the city’s policies and practices which the
board believes would or could enhance the ethical environment in which public servants work.
2015 REPORT
2015 YEAR-END REPORT
For 2015, the City continued its contract with Montana State University Extension Services to assist in the ethics
training requirement as written in the City Charter. Foundational to the training is Betsy Webb’s dissertation titled
“What is Good and What is Right: An Investigation of the Outcome of a Comprehensive Ethics Program in Municipal
Government.” Featuring the City of Bozeman, her dissertation was a study of a Comprehensive Ethics Program
(CEP) within a municipal government five years after implementation. The text and questions were developed by
MSU and based on specific areas for improvement found in Betsy Webb’s research.
13
Contracting with MSU Extension Services allowed the City to offer the ethics training online using the portal we
already have in place for new employees and board members. The online 2015 City of Bozeman Ethics Training
was divided into four modules: Ethics Resources and Reporting, Retaliation, Top Leaders, and the Board of Ethics.
Participants also reviewed the research done by Betsy Webb before completing the training.
The primary responsibilities associated with coordinating the annual ethics trainings and the Board of Ethics has
transferred to the City Manager’s office in early 2015. The Executive Assistant to the City Manager now distributes
the training among City employees, as well as ensures every employee completes the training, with the assistance
of the Human Resources department in tracking completions via email. The Deputy City Clerk distributes and
tracks the training among Board members. The online training was distributed to City employees in May 2015, and
was completed by 100% of City employees as of August 2015. As of November 2015, 77% of Board members have
completed the training, with 40 members remaining that are incomplete.
The City continues to require new employees and board members to take the original online ethics training shortly
after hiring/appointment to help familiarize them with the Municipal Code and receive a foundational ethics
training, as well as to meet the yearly training requirement even when joining the organization after the annual
training has taken place. In 2015 roughly 20 new hires took the online training. Beginning January 5, 2015 with the
hiring of the new Deputy City Clerk, 31 out of 32 new board appointments have completed the ethics training upon
appointment.
Upon completion of the training by 100% of City employees, a staff ethics subcommittee (named the HPO Ethics
Team) was created out of the City’s HPO group to look at the initial results of Betsy Webb’s dissertation survey.
The group consists of eight mid-level managers from departments and divisions across the organization and has
met multiple times in the fall of 2015 to help interpret the results and provide feedback to the HPO group. In
addition to this committee, the City continues to look for ways to embed ethics training and lessons into the
culture of the organization.
SUMMARY OF THE BOARD’S DECISIONS AND OPINIONS
No formal decisions were made by the Board in 2015.
No informal decisions were made by the Board in 2015.
City Attorney Greg Sullivan continued to provide a staff report during Board meetings to relay ethics questions and
concerns that came to his attention throughout the year, and the advice or comments he provided. In addition to
informal advice, the City Attorney provides several formal ethics opinions (none for 2015) to City Commissioners
and has made these available online. In addition, several former board members and employees received advice
from the City Attorney regarding post-employment matters and have filed post-employment disclosures which are
also available to the public online. A link to these documents can be found from the city of Bozeman ethics
webpage.
ADMINISTRATIVE ACCOMPLISHMENTS
The City Clerk’s office continues to manage gift disclosure for City employees or officials. An online gift disclosure
form was created by staff and approved by the Board of Ethics for employees or officials to utilize when they
accept items that do not violate the gift provisions but have a value greater than $25 and require the filing of a
public disclosure statement with the Board of Ethics that indicates the gift, its estimated value, the person or entity
14
making the gift, the relationship to the employee or official and the date of the gift. Filed gift disclosure forms can
be viewed by the public online.
Per the requirement in the City Charter, the City Clerk’s office continues to collect financial disclosure forms in
January from every employee and board member who has major financial decision making responsibilities. This list
consists of approximately 62 people in 2015 so far, the number of which grows as staff is assigned in their
departments to spending authority or as new employees come on board.
UPCOMING GOALS
The Board sees no necessary statute changes at the moment. Current goals include determining and developing
the 2016 ethics training.
2016 ETHICS TRAINING
The HPO Ethics Team will report back to the Board of Ethics at the next scheduled meeting on January 28, 2016.
Feedback from staff will help determine the nature of the 2016 training, to be discussed.
UPCOMING RECOMMENDATIONS
The Board of Ethics recommends that staff provide any needed support to the HPO Ethics Team as they proceed.
15
16
17