HomeMy WebLinkAboutOrdinance No. 1759, Amending Ordinance No. 1726 - ethics.pdf
ORDINANCE NO 1759 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN MONTANA AMENDING ORDINANCE NO 1726 BY iZrA7i TIIAT TLTT l17TAii AN Aii7D7TASiA 7 A ART 1lT71TnTREVISING CHAPTER
201 OF SAID CODE PROVIDING FOR THE AMENDMENT OF CHAPTER 201 BY AMENDING THE C v AiTlilrr ASLVU SECTIONS ON FINANCIAL DISCLOSURE POST EMPLOYMENT PROHIBITIONS AND DEFINITIONS ten n BE
IT ORDAINED by the City Commission ofthe City of Bozeman Montana Section 1 That Chapter 201 of the Bozeman Municipal Code be amended so that Bozeman Municipal Code Chapter201 shall read
002110 Declaration of Policy The proper operation of the city government requires that public officials and employees be independent impartial and responsible that governmental policies
and decisions be made in the proper channels of the governmental structure that public office and employment not be used for personal gain and that the public have confidence in the
integrity of its government The purpose of this code ofethics 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 and effective public service and to prohibit conflict between public duty and private interest Nothing
herein shall be construed to relieve any employee or official of the responsibilities set forth in Sections2104210521212 131 and754109 of the Montana Code Annotated Where a provision
or interpretation of this Chapter conflicts with aprovision of the Montana Code Annotated the more stringent provision or interpretation requireing agreater level ofpublic disclosure
shall apply 002210 Definitions As used in this chapter the following terms shall have the following meanings unless the context clearly indicates that adifferent meaning is intended
A Agency means the City Commission and all other agencies board committees departments and offices ofthe city without exception
B Board means Board of Ethics CB City means the City of Bozeman Montana D Confidential information means any information which is not available to the general public and which is obtained
only by reason of an osfficial or esmployee position E Direct Advantage means a gain or benefit to the former public servant hheisrpresent principal or employ F Employee means all individuals
employed by the City and its agencies but does not include independent contractors hired by the City City Commissioners or any Municipal Judge G Financial interest means any ownership
interest contractual relationship business relationship or other interest which will result in a monetary or other material benefit to an official or employee either tangibly or intangibly
which has a value of more than fifteen dollars other than his or her duly authorized salary or compensation for his services to the city and which interest is not common to the interest
of all other citizens of the city The following financial interest shall be imputed imputed to be those of an official or an employee of the city that of a spouse or child of an official
or employee that of any prime contractor or subcontractor ofthe city in which the official or employee or any member of his or her immediate family has any direct or indirect interest
as the proprietor by ownership of stock or partnership interest H Immediate family means spouse and children I Officials means all officers and members of the csity agencies whether
elected or appointed whether paid or unpaid whether permanent temporary or alternate and that are not employees JI Personal interest means any interest in the matter which would affect
the action ofthe official or employee other than a financial interest and other than an interest because of membership in or affiliation with but not employment by a social fraternal
charitable service educational religious governmental health service philanthropic cultural or similar nonprofit institution or organization K I Public servant means officials members
of the Parking Commission and Library Board and employee as defined in this section L Transaction means the offer of or the sale purchase or furnishing of any real or personal property
or services by or to any person or entity directly or indirectly as vendor or vendee prime contractor subcontractor or otherwise for 2
the use and benefit of the city or of such other person or entity for a valuable consideration 002310 Persons Covered All city officials members ofthe Parking Commission and Library
Board and employees shall be bound by this chapter 002410 Standards ofConduct A Officials and employees have an obligation to act morally and honestly in discharging their responsibilities
B Officials and employees shall conduct themselves with propriety discharge their duties impartially and fairly and make continuing efforts toward attaining and maintaining high standards
ofconduct C Each official or employee serving on amultimember agency is expected to devote the time and effort necessary to the successful functioning ofsuch agency D No official or
employee shall improperly use directly or indirectly his city position to secure any financial interest or personal interest for himself or others E No official or employee shall for
any reason use or attempt to use his position to improperly influence any other official or employee in the performance of his official duties F No employee shall act in aprivate capacity
on matters that they are directly responsible for as an employee G No official shall act in aprivate capacity on matters acted upon as an official 002510 Use ofCitv Resources No official
or employee shall use or permit the use of ocwinteyd vehicles equipment material or city personnel for personal use ofthe employee or official or anyone else or to be used in any manner
prohibited by state statutes or city ordinance No city automobile shall be used by a city employee or official going to or from home except when such use is for the benefit of the city
as in the case of an employee on call outside of the esmployee working hours 002610 Treatment of the Public
City officials and employees represent the city government to the public In their contact with the public officials and employees must bear in mind their role as public servants Each
member of the public should be treated courteously impartially and fairly 002710 Conflict of Interest A No official or employee shall engage in any employment or business which conflicts
with the proper discharge of his official duties B No official or employee shall have a financial or personal interest tangibly or intangibly in any transaction with the City as to which
he has the power to take or influence official action unless full public disclosure is made If an official or employee has any tangible or intangible financial or personal interest in
the outcome of any matter coming before the agency of which he is a member or by which he is employed such official or employee shall publicly disclose on the record of the agency or
to his superior or other appropriate authority the existence of such financial or personal interest An official or employee having such a financial or personal interest shall not engage
in deliberations concerning the matter shall disqualify himself from acting on the matter except in the event of a tie vote and shall not communicate about such matter with any person
who will participate in the action to be taken on such matter C No employee whether paid or unpaid shall represent or appear on behalf of any individual or entity before any agency of
the city or take any appellate proceedings from any action of such agency either personally or through an associate or partner D No official whether paid or unpaid shall represent or
appear on behalf of any individual or entity in any action or proceeding of concern to the agency on which that official serves either before that agency or any other agency of the city
or before the City Commission or take any appellate proceedings from any action of such agency or the Commission Such representation may be made by an osfficial associate or partner
provided no reference to the participation of the involved official is made except for certification or other required identification on prepared documents The involved official shall
not engage in deliberations concerning a matter represented by an associate or partner shall disqualify himself from acting on the matter except in the event ofatie vote and shall not
communicate about such matter with any person who will participate in the action to be taken on such matter E Nothing in this section shall be interpreted or construed to prohibit any
official or employee from exercising his legal rights as to his own personal interests in amatter pending before the City or any of its agencies or to prohibit an official or employee
from testifying as a witness in any administrative or judicial proceeding However no official or employee who represents his own personal interest before an agency of which he is a member
or amember ofan agency to which the matter may 4
be appealed shall participate in the decision ofthat agency or the appellate agency 002810 Confidential Information A No official or employee shall without legal authority disclose confidential
Information concerning the personnel property government or affairs ofthe city B No official or employee shall use confidential information to advance his own financial or personal interest
or the financial or personal interests ofany other person C Nothing in this section shall be interpreted as prohibiting the disclosure of information required by law to be disclosed
002910 Gifts Gratuities and Favors No official or employee shall accept a gift gratuity or favor from any person or entity except as authorized by law 102010 Financial Disclosure Statement
The Ethics Board shall prepare for approval by the City Commission a financial disclosure statement form and recommendations for filing deadlines procedures and who must file consistent
with the following A The Finance Director and the Personnel Director shall certify to the City Clerk a list current as of the previous January 1 of the names and mailing addresses of
persons who are required to file afinancial statement in the currents ear B The financial statement must include the following information 1 the name and address of the public servant
and describe any current employment in addition to employment with the City of Bozeman 2 each present or past employing entity from which benefits including retirement benefits are currently
received by the individual 3 each business firm corporation partnership or other business or professional entity or trust in which the individual holds an equity interest of 10 or more
of the entity 4each entity not listed under subsectionB1throughB3 which the individual is an officer director or registered aegnt regardless of whether or not the entity is enga ed for
profit and 5 all real property other than a personal residence in which the individual holds an equity interest of 10or more of the real property Real property may be describedbgeneral
description such as street address or hi hway location C Who must file financial statements Financial statements must be filed by the members of the City Commission the Ci Mangegrdepartment
heads and other major financial decision makers which may include members of the Library Board and Parking Commission 5
D Each department annually shall develop and then review a list of vendors and service providers of that department whoprovide through contract purchase order or otherwise services or
materials greater than 5200 each month or more than 01000 per year Each member of that department receives these services or materials must disclose if he or she has an economic relationship
with that vendor If the decision maker has a substantial economic relationship with that vendor that decision maker may not make decisions regarding that vendor For the purposes of this
ordinance substantial economic relationship is that amount of interest in the organization compensation including all benefits or other valuable consideration exceeding 01000 102110
Post Employment Activities No former public servant 1 during the 12 months following the date on which the former public servant ceases service to the City of Bozeman may without complying
with the provisions of102111 make any formal or informal appearance before or negotiate with any decision maker on any matter a a aawhich was under the public sservant direct responsibility
as apublic servant 2 may for compensation without complying with the provisions of102111 within 12 months after termination of public service act on behalf of any party other than the
City in connection with any matter in which the former public servant participated personally and substantially as apublic servant 3 shall use or continue to use any former official
City title including use on business cards or stationery following termination of employment with the City except that such use is not prohibited if the public servant indicates that
the employment with the City was former to current employment B Upon initial employment and annually thereafter each employ ee public official and member of any board or committee shall
verify shhee has not and will not kinoywin violate anX provision of this ordinance or the rules standards of conduct or rules ofethics established by state law 102111 Public Notice Required
During the first 12 months following the date on which the former public servant ceases service to the City of Bozeman any former public servant intending to make any formal or informal
appearance before or negotiate with any decision maker shall file with the Clerk of the City Commission and with the office ofthe City Attorney a public notice of 6
the former public sservant desire to negotiate or appear informally or formally before a decision maker Such written disclosure shall state in substance the purpose for which the former
public servant wishes to appear or negotiate with the decision maker the reason for such appearance or negotiation and a disclosure of all offices or employment held by the former public
servant during the last 12 months of service to the City of Bozeman Upon filing such written disclosure the former public servant is not prohibited from the post employment activities
proscribed in 102110A 1 2 102210 Board of Ethics A There is created a Board of Ethics consisting of three 3 memberseare who shall serve without compensation unless the governing bodesprovides
otherwise Members of the Board of Ethics shall not be elected officials of the City tfiumlel appointed City officials whether exempt or nonexempt or City employees nor shall they be
currentlsXother City board orcommission B Members of the Board shall be residents ofthe City C Board members shall be appointed by the governing body An appointment to fill a vacancy
shall be made by the appointing authority who appointed the member who formerly held the position which is vacant D The Board shall select its own presiding officer from among its members
E Board members shall serve staggered terms of two 2 years A member shall hold office until a msember successor is appointed At initial appointment of the members of the board one ofthe
initial members shall be appointed for a term of three 3years and thereafter for aterm ofone1 year F The governing body shall provide such staff support for the Board as the governing
body determines to be necessary for the Board to fulfill its duties The City Attorney is designated to be the legal advisor for the Board except that the City Attorney is not authorized
to represent the Board in any legal action if doing so would create a conflict which would prevent the City Attorney from also representing the Mayor the City Manager or the governing
body The City Clerk shall serve as Recording Secretary to the Board and shall provide such administrative services to the Board as may be necessary Neither the City Attorney nor the
City Clerk shall be eligible for appointment as board members 102310 Duties and Powers of the Board A The Board shall in addition to its other duties 1 adopt written rules governing
its procedures and providing for the holding 7
of regular and special meetings which rules shall be subject to the approval of the governing body acopy ofthe rules shall be filed with the City Clerk and 2 administer oaths 3 conduct
hearings as needed to hear and decide specific cases in which a violation of this Chapter or a violation of Title 2 Chapter 2 Part 100 of Montana Code Annotated is alleged whether such
cases arise from a complaint or are brought on the Bsoard own motion and 4 no later than December of each year submit an annual report to the governing body concerning its action in
the preceding year the report shall contain i a summary of its decisions and opinions both open and confidential the Board shall make any alterations in the summaries necessary to prevent
disclosure ofany 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 ii recommend any legislative or administrative actions regarding the Csity Csity policies and practices which the Board believes would or could enhance the ethical
environment in which public servants work and 5 establish a process for systematically and regularly evaluating all significant aspects of the administration and implementation ofthis
Chapter which shall include an annual review of the full scope of operations of the Board and its procedures and which shall insure that the both the public and all public servants are
provided a reasonable opportunity and are encouraged to participate in the process and 6 prescribe and make available forms for use under this Chapter and 7 when it deems it appropriate
request the City Attorney for assistance in compelling the production of documents and witnesses to assist the Board in the conduct of any investigation 8 when circumstances make it
necessary to do so retain outside legal counsel and other experts as needed after solicitation of recommendations from the City Attorney unless the need to retain outside counsel is
caused by a conflict involving the City Asttorney Office and upon approval by the governing body of a contract for services approved as to form by the City Attorney and 9 serve as legal
custodian of the Bsoard records and accept file maintain and administer in accordance with all applicable laws any information related to the purposes ofthis Chapter and 10 make financial
disclosure statements filed with the Board available for public inspection and copying facilities available at acharge which is the minimum 8
amount permitted under applicable law All open opinions of the Board shall be filed with the City Clerk and are open to public inspection To the extent permitted by law confidential
opinions and any records obtained or filed in connection with requests for confidential opinions whether the records are written tape recorded videotaped or otherwise recorded shall
be kept confidential and confidential advisory opinions rendered shall be closed in whole to public inspection Confidential opinions and summaries of them or open references to them
shall be drafted in such away as not to reveal confidential information 11 compile and maintain an index to all financial disclosure statements currently on file with the Board to facilitate
public access to such statements and 12 develop a plan for implementation ofaprogram to educate public servants who are subject to this Ordinance and the public about their rights duties
and responsibilities hereunder and 13 within one year from the dttaeteof the first meeting of the Board submit to the gyovernin for its approval and promulgation an ethics handbook for
the use of all public servants and the public the personnel department shall document that each City officer and employee receives a copy of the handbook and acknowledges receipt of
the handbook in writing and 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 B The Board may 1 conduct hearings as it determines necessary or appropriate i to
ascertain public opinions and to gather information from the general public employees or others regarding any aspect of the Csity ethics policies or practices and ii for any other purpose
for which the Board is authorized to conduct hearings and 2 respond as it deems appropriate to requests for confidential advisory opinions the Board may decline to render an opinion
in response to any request for an advisory opinion 3 render and publish formal opinions on any matter within the scope of the Bsoard 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 and 9
4 prepare and publish special reports technical studies and recommendations to further the purposes ofthis Ordinance 102410 Who May Repuest Board Action A Any person may file a complaint
with the Board and any public servant prospective public servant or former public servant either personally or on behalf of an organization or governmental body may request of the Board
an ethics opinion whether a formal opinion or aconfidential advisory opinion regarding the propriety of any matter or matters to which the person is or may become a party and any decision
maker with the consent of a prospective appointee may request of the Board an ethics opinion regarding the propriety of any matter to which the public servant prospective public servant
or former public servant is or may become a party B Any request for Board action shall be in writing and shall be signed by the person making the request 102510 Limitations on Bsoard
Power The Board does not have the authority to reverse or otherwise modify aprior action ofthe Mayor governing body or an officer or employee of the City If the Board finds aprior action
of the Mayor the governing body officer or employee to have been ethically improper the Board may advise the appropriate party or parties that the action should be reconsidered Upon
such advice by the Board the action shall be reconsidered by the appropriate person or public body If the Board determines an existing City contract to be ethically improper after such
determination and advice from the Board the City may void or seek termination ofthe contract if legally permissible The Board may refer a matter to the City Attorney for review and consideration
for appropriate action Upon completion of review and consideration the City Asttorney Office shall report its findings to the Board 102610 City Attorney Opinions A at the request of
a person the City Attorney may render an informal or formal advisory opinion with respect to the prospective conduct of such person An informal advisory opinion need not wbriteten and
may be provided directly to the requestor of such opinion A request for a formal advisory opinion must be in writing and include all the information and documents related to the request
The rfeoquerst either an informal or formal advisory opinion must state all the material facts so the City Attorney may render a complete and correct opinion The City Asttorney formal
advisory opinion must be in writing Nothing in this Chapter shall be construed to prohibit a request for an opinion by any public servant from tChitey Attorney regarding a potential
conflict of interest Neither a request for an informal or formal advisory opinion nor the making of a statement concerning a potential coonflifct interest made by a member of the City
Commission in the course of abstaining from voting or making a motion of rssehceuaslalfll create a presumption or inference that apublic servant actually has a personal 10
interest in the matter about which the opinion was requested if the City Attorney elects to render an opinion the City Attorney shall within a reasonable time submit a written summary
of the opinion to the Ethics Board for the Bsoard information if the City Attorney declines to render an opinion nothing shall preclude the person requesting the opinion from requesting
the Ethics Board for an opinion B Any formal advisory opinion issued pursuant to Section 102610may be relied upon by the person directly involved in the specific transaction or activity
to which such advisory opinion has been issued and any person directly involved in any specific transaction or activity which is indistinguishable in all its material aspects from the
transaction or activity with respect to which such advisory opinion was rendered C Any person who relies upon a formal advisory opinion pursuant to this section and who acts in good
faith in accordance with the provisions and findings of such opinion shall not as aresult to such act be subject to prosecution under this Chapter or in the case where the opinion is
exculpatory be subject to any administrative adverse action or civil action based upon legal authority cited in that opinion D The City Asttorney client is the City of Bozeman and not
the individual requesting the opinion No request for an opinion from the City Attorney shall constitute the establishment of an actltoiernneyt relationship with the individual requesting
the opinion 102710 Procedures for Hearing Complaints A Any person may file a written complaint signed and sworn with the City Clerk alleging a violation of this Chapter or a violation
of Title 2 Chapter 2 Part 100 of Montana Code Annotated B A complaint shall specify the provisions of this Chapter or provisions of Title 2 Chapter 2 Part 100 of Montana Code Annotated
alleged to have been violated and facts alleged to constitute the violation C Upon receipt of such a complaint but in any event not later than three 3 working days after receipt the
City Clerk shall acknowledge receipt to the csomplainant and forward the complaint simultaneously to the Board the person who is complained against and the City Attorney D The City Attorney
shall provide the Board with a preliminary written analysis of the complaint no later than thirty 30 days from the date the complaint is filed with the City Clerk E During any investigation
and during any hearing which is conducted to determine whether a violation of this Chapter or a violation of Title 2 Chapter 2 Part 100 of Montana Code Annotated has occurred 1 the person
under investigation or the accused may be represented by 11
counsel of his or her own choosing and 2 the accused or his or her representative if any shall have an opportunity toi challenge the sufficiency of any complaint which has been filed
against him or her and ii examine all documents and records obtained or prepared by the Board in connection with the matter heard and iii bring witnesses and iv establish all pertinent
facts and circumstances and v question or refute testimony or evidence including the opportunity to confront and ecxraomsinse adverse witnesses and vi exercise to the extent the Board
in its discretion determines to be just and reasonable any pretrial discovery procedure usually available in civil actions F The following principles shall apply to evidence in connection
with hearings conducted by the Board 1 The Board shall not be bound to adhere to statutory Rules of Evidence but shall be fundamentally fair in its administration of evidence and 2 During
any hearing conducted by the Board to determine whether a violation of this Ordinance has occurred all evidence including certified copies of records which the Board considers shall
be fully offered and made a part of the record in the proceedings and 3 The accused or any other person under investigation shall be afforded adequate opportunity to rebut or offer countervailing
evidence and 4 The Board shall inform the accused or his or her counsel of exculpatory evidence in its possession and 5 The standard of evidence in hearings conducted under this Chapter
shall be clear and convincing evidence admitted at the hearing G The Board in addition to its other duties and powers may 1 appoint ahearing officer to conduct hearings under this Chapter
and 2 with the approval of the governing body retain outside legal counsel and other
experts as needed with respect to hearings in accordance with its policies The selection of a hearing officer and outside counsel and other experts and any contract for such persons
shall be made after solicitation of recommendations from the City Attorney and upon approval by the governing body of a contract for services approved as to form by the City Attorney
and 3 order testimony to be taken by deposition before any individual who is designated by the Board and in such instances to compel testimony and the production of evidence to the extent
it is otherwise lawfully authorized to do so and 4 require any person to submit in writing such reports and answers to questions relevant to the proceedings conducted under this Chapter
as the Board may prescribe such submission to be made within such period and under oath or otherwise as the Board may determine and 5 request and obtain from the Department ofRevenue
copies ofstate income 12
tax returns and access to other appropriate information as permitted under state law regarding all persons who are the subject of such investigation H The person complained against shall
have twenty 20 days from the day after the City Clerk serves the complaint on the person to submit a written response to the complaint prior to the Board deciding whether to hold a hearing
Service may be by certified mail return receipt at the last know address in City Records or personal service I If the complaint is dismissed the csomplainant shall have one opportunity
within fifteen 15 days of the dismissal to amend the complaint and to refile it with the Board J Any person whose name is mentioned or who is otherwise identified during a hearing being
conducted by the Board and who in the opinion of the Board may be adversely affected thereby may upon request of the person or a representative of the person or upon the request of any
member of the Board appear at the hearing to testify on his or her own behalf or have a representative appear to so testify and the Board may permit any other person to appear and to
testify at a hearing K Upon request of the accused on its own motion or upon request of the City Attorney the Board shall issue subpoenas to compel the attendance of necessary witnesses
L At the next regular meeting or within thirty 30 days whichever is sooner following receipt of the City Asttorney analysis the Board shall review and consider the complaint and the
City Asttorney analysis and if a hearing is to be held shall set a date certain for the hearing to take place within thirty 30 days unless the accused petitions for and the Board consents
to alater date M As soon as practicable after giving due consideration to a complaint or if a hearing was held after the hearing the Board shall take any action or combination of actions
which it deems appropriate and which it is lawfully empowered to take including but not limited to the following 1 dismiss the complaint based on any ofthe following grounds i the complaint
does not allege facts sufficient to constitute a violation of this Chapter or a violation of Title 2 Chapter 2 Part 100 of Montana Code Annotated or ii the Board has no jurisdiction
overthe matter or iii failure of the complainant to cooperate in the Bsoard review and consideration ofthe complaint or iv the complaint is defective in a manner which results in the
Board being unable to make any sound determination and 2 determine that no violation of this Chapter or a violation of Title 2 Chapter 2 Part 100 ofMontana Code Annotated has occurred
or 13
3 determine that the complaint alleges facts sufficient to constitute a violation of this Chapter or a violation of Title 2 Chapter 2 Part 100 of Montana Code Annotated and that the
Board will conduct a hearing in which case the Board shall promptly send written notice of such determination to the accused and to the party who made the complaint or 4 determine that
further information must be obtained in order for the Board to determine whether the complaint alleges facts sufficient to constitute a violation of the Chapter or a violation of Title
2 Chapter 2 Part 100 of Montana Code Annotated and i conduct its own investigation with respect to any alleged violation or ii schedule the complaint for further review and consideration
at a future time certain in which case the Board shall promptly send written notice of such determination to the accused and to the party who made the complaint or iii refer the complaint
to any appropriate authorities for criminal investigation or iv refer the complaint if it appears to be substantiated to the county attorney or city attorney for prosecution or v refer
the complaint along with the Bsoard findings and conclusions to any appropriate administrative authority for disciplinary action or other suitable remedial action the Board although
it has no independent administrative authority may make any recommendation to any City administrator at any level of supervision if the Board finds that the recommendation will advance
the objectives of this Chapter whether to implement the recommendation may be decided by whatever decision maker is authorized under the circumstances if it is determined that misconduct
or malfeasance has occurred the Board shall refer the matter to the City Manager City Attorney or to the governing body as circumstances warrant 5 After it has made its final determination
the Board shall issue its written findings of fact and conclusions and may issue any additional reports opinions and recommendations as it deems advisable under the circumstances All
such reports shall be in compliance with all state and city laws governing confidentiality open government and torts All such reports shall be reviewed by the City Attorney prior to
their issuance 102810 Those Subiect to Removal Only by the Governing Body If findings relative to an elected or appointed official are filed by the Board with the governing body the
governing body may take action to remove the official in accordance with state law 102910 Ex Parte Communications A After a complaint has been filed and during the pendency of acomplaint
before the Board no member of the Board may communicate directly or indirectly with any party or other person about any issue of fact or law regarding the complaint except that 14
1 the members of the Board may obtain legal advice from the City Attorney or retained counsel and may discuss the complaint with their staff and 2 the members of the Board may discuss
the complaint at a lawfully conducted meeting B If any person attempts to communicate with a Board member regarding the pending complaint the Board member shall report the substance
of the communication to the Board on the public record at the next regular meeting ofthe Board 202010 Confidentiality ofBoard Information No member of the Board nor any public servant
who has access to any confidential information related to the functions or activities of the Board shall divulge that information to any person who is not authorized to have it The identity
of aperson who requests a confidential advisory ethics opinion is confidential as is information describing or pertaining to any organization mentioned in the request for an opinion
if the disclosure of the information could lead to the disclosure ofthe identity ofthe person requesting the confidential advisory opinion 202110 Waiver ofConfidentiality A person who
makes or purports to make public the substance of or any portion of an advisory opinion requested by or on behalf of that person is deemed to have waived the confidentiality of the request
for an advisory opinion and ofany records obtained or prepared by the Board in connection with the request for an advisory opinion 202210 Statute of Limitations No action may be taken
on any complaint which is filed later than one year after a violation ofthis Chapter is alleged to have occurred and acomplaint alleging aviolation must be filed within one year from
the date the csomplainant knew or should have known ofthe action alleged to be a violation Section 2 RepealerAll resolutions ordinances and sections of the Bozeman Municipal Code and
parts thereof in conflict herewith are hereby repealed Savings Provision Section 3 This ordinance does not affect the rights and duties that matured penalties that were incurred or proceedings
that were begun before the effective date ofthis ordinance Section 4 Severability 15
If any portion of this ordinance or the application thereof to any person or circumstances is held invalid such invalidity shall not affect other provisions of this ordinance which may
be given effect without the invalid provisions or application and to this end the provisions of this ordinance are declared to be severable Effective Date Section 5 This ordinance shall
be in full force and effect thirty 30 days after final adoption PASSED by the City Commission ofthe City of Bozeman Montana on first reading at aregular session thereofheld on the 20t
day of Apri12009Qom KAAREN JACO SON Mayor ATTEST 4 ST LMEN CMC City PASSED ADOPTED AND APPROVED by the City Commission of the City of Bozeman Montana on second reading at aregular session
thereofheld on the l lt day of May 2009 REN JAC SON Mayor ATTEST U STACY EN CMC City Clerk APP S TO FORM ULLIVAN City Attorney 16