HomeMy WebLinkAbout21- Ordinance 2092 Revising 2.03.540 BMC for Gifts, Gratuities, and FavorsOrdinance 2092
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ORDINANCE 2092
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA AMENDING BOZEMAN MUNICIPAL CODE SECTION 2.03.540 (GIFTS,
GRATUITIES, AND FAVORS).
WHEREAS, local government officials and employees hold positions of public trust, and
therefore must act independently, impartially, and responsibly to ensure the proper operation of
local government; and
WHEREAS, the proposed amendments are consistent with and uphold the Bozeman City
Charter’s prohibition on the use of public office for private gain at Sec. 7.01; and
WHEREAS, the proposed amendments are consistent with and uphold the Declaration of
Policy of the Code of Ethics at 2.03.460, BMC; and
WHEREAS, 2.03.540, BMC “establish[es] specific standards or conduct related to gifts,
gratuities, and favors that are provide to a person because of the a person’s employment or official
position with the city” and the proposed amendments are consistent with and uphold these
standards and legislative intent; and
WHEREAS, over the past two years, the City Attorney’s Office and the Board of Ethics
have repeatedly addressed questions requiring further interpretation of 2.03.540, BMC which
necessitates an amendment of the Code of Ethics.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF BOZEMAN, MONTANA:
Section 1
That Section 2.03.540, Bozeman Municipal Code, is amended as follows:
Sec. 2.03.540. Gifts, gratuities and favors.
A. Legislative Intent. The intent of this section is to further implement the declaration of policy set forth in 2.03.460 and establish specific standards of conduct related to gifts, gratuities,
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Ordinance No. 2092, (Amending the Gifts, Gratuities, and Favors Subsection in the Code of
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and favors that are provided to a person because of a person's employment or official position with the city. Further, this section ensures City employees are not influenced in the performance of their work by outside persons or entities in a manner that entices the
employee or public officers to shift their commitment and dedication away from public
service to their own personal interests or the interests of an outside entity or person. These standards recognize legitimate governmental interests exist that allow an employee or official to accept a gift, gratuity or favor in limited circumstances without such acceptance being considered the use of public office for private gain. These interests include, but are not limited to, establishing effective relationships with citizens, acceptance of professional
and community awards for public service, and attending public events in an official capacity. At the same time, these standards make it clear that each public officer and employee holds such office or employment as a public trust.
B. No official or employee shall accept a gift, gratuity, or favor from any person or entity:
1. That would tend improperly to influence a reasonable person in the person's position to
depart from the faithful and impartial discharge of the person's public duties;
2. That the person knows or that a reasonable person in that position should know under the circumstances is primarily for the purpose of rewarding the person for official action taken; or
3. Has a value of $100.00 or more for an individual.
C. An employee or official may accept a gift, gratuity, or favor that has a value greater than $25.00 but less than $100.00 for an individual only if such gift, gratuity or favor:
1. Complies with 2.03.540.B.1 and 2; and
2. Is provided incidental to and in conjunction with a public event where the official or
employee's attendance is in fulfillment of their official duties.
D. 1. An employee or official may accept a gift, gratuity, or favor that has a value greater than $25.00 but less than $100.00 for an individual only if such gift, gratuity or favor that complies with 2.03.540.B.1 and 2 and is provided incidental to and in conjunction with a public event where the official or employee's attendance is in fulfillment of their official
duties.
2. An employee or official may accept payment or reimbursement from a person or entity for necessary expenses such as travel, lodging, meals, and registration fees in excess of $100.00 if the expense is incurred while representing the city and the reimbursement would not violate 2.03.540.B.1 and 2. Reimbursement or payment for educational
activities in excess of $100.00 is permissible if the payment or reimbursement does not
place or appear to place the official or employee under obligation, clearly serves the public good, and is not lavish or extravagant.
E. Upon the acceptance of a gift, gratuity, favor or award pursuant to 2.03.540.C, the recipient shall file a disclosure statement with the board of ethics. Such disclosure statement shall
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Ordinance No. 2092, (Amending the Gifts, Gratuities, and Favors Subsection in the Code of
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indicate the gift, its estimated value, the person or entity making the gift, the relationship to the employee or official, and the date of the gift. The disclosure statement is a public record.
F. A gift, gratuity, or favor does not include:
1. Items or services provided an employee or official in their private capacity and without
relationship to their employment or official position:
2. A prize received upon a random drawing at an event where the official or employee attends in their capacity as an employee or official, the drawing is open to all attendees, and receipt of the prize does not place the official or employee under obligation;
3. An award publically presented to an employee or official in recognition of public
service; and
4. Compensation for officiating at a ceremony.;
5. Benefits provided by the City as an employer beyond salary and medical-related benefits, and which are available to all City employees;
6. Discounts on goods or services, or other benefits provided by a labor union to its
members who are employees of the City if:
i. the benefit is generally available throughout the state or the country to the same category of union member; and
ii. the benefit is not offered to influence an employee to depart from the
faithful and impartial discharge of a person’s public duties or to reward the person for
official action taken;
7. Discounts on good or services or other benefits provided by an employee’s professional organization if:
i. the benefit is generally available throughout the state or the country to the
same category of professional organization member; and
ii. the benefit is not offered to influence an employee to depart from the faithful and impartial discharge of a person’s public duties or to reward the person for official action taken; and
8. Educational scholarships provided by a private entity affiliated with the City or with an
employee’s labor union or professional organization, including but not limited to a
private corporation, foundation, and non-profit organization, to an employee because of their professional status or category if:
i. the benefit is not offered to influence an employee to depart from the faithful and impartial discharge of a person’s public duties or to reward the person for
official action taken; and
ii. the City does not purchase goods or services from the private entity.
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Section 2
Repealer.
All provisions of the ordinances of the City of Bozeman in conflict with the provisions of
this ordinance are, and the same are hereby, repealed and all other provisions of the ordinances of
the City of Bozeman not in conflict with the provisions of this ordinance shall remain in full force
and effect.
Section 3
Savings Provision.
This ordinance does not affect the rights and duties that matured, penalties that were
incurred or proceedings that were begun before the effective date of this ordinance. All other
provisions of the Bozeman Municipal Code not amended by this Ordinance shall remain in full
force and effect.
Section 4
Severability.
That should any sentence, paragraph, subdivision, clause, phrase or section of this
ordinance be adjudged or held to be unconstitutional, illegal, or invalid, the same shall not affect
the validity of this ordinance as a whole, or any part or provision thereof, other than the part so
decided to be invalid, illegal or unconstitutional, and shall not affect the validity of the Bozeman
Municipal Code as a whole.
Section 5
Codification.
This Ordinance shall be codified as indicated in Section 1.
Section 6
Effective Date.
This ordinance shall be in full force and effect thirty (30) days after final adoption.
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Ordinance No. 2092, (Amending the Gifts, Gratuities, and Favors Subsection in the Code of
Ethics)
PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman,
Montana, on first reading at a regular session held on the 26th day of October, 2021.
____________________________________
CYNTHIA L. ANDRUS
Mayor
ATTEST:
____________________________________
MIKE MAAS
City Clerk
FINALLY PASSED, ADOPTED AND APPROVED by the City Commission of the
City of Bozeman, Montana on second reading at a regular session thereof held on the 16th of
November, 2021. The effective date of this ordinance is December 16, 2021.
_________________________________
CYNTHIA L. ANDRUS
Mayor
ATTEST:
_______________________________
MIKE MAAS
City Clerk
APPROVED AS TO FORM:
_________________________________
ANNA SAVERUD
Assistant City Attorney
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