HomeMy WebLinkAboutOrdinance No. 1775 Amending Ch. 2.01 re: Ethics d
ti
oo.
ORDINANCE NO. 1775
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, AMENDING CHAPTER 2.01 OF THE BOZEMAN MUNICIPAL CODE
(BMC) BY AMENDING THE TABLE OF CONTENTS OF CHAPTER 2.01 OF THE
BMC TO INCLUDE A NEW SECTION ON REPORTING OF IMPROPER
GOVERNMENTAL ACTION; AMENDING SECTION 2.01.010 TO ADD
ACCOUNTABILITY AND RETALIATION TO THE STATEMENT OF PURPOSE;
AMENDING SECTION 2.01.020 TO ADD A DEFINITION OF IMPROPER
GOVERNMENTAL ACTION; AMENDING SECTION 2.01.030 TO CLARIFY
REQUIREMENTS FOR COVERED PERSONS; AMENDING 2.01.040 TO ADD
ADDITIONAL STANDARDS OF CONDUCT; AMENDING SECTION 2.01.060 TO ADD
PROVISIONS ADDRESSING TREATMENT OF THE PUBLIC; AMENDING SECTION
2.01.070 CLARIFYING STANDARDS FOR CONFLICTS OF INTEREST; AMENDING
SECTION 2.01.110 CLARIFYING PROVISIONS RELATED TO POST EMPLOYMENT
ACTIVITIES; AMENDING SECTION 2.01.111 REGARDING DISCLOSURE OF POST
EMPLOYMENT ACTIVITIES; AMENDING SECTION 2.01.120 TO ADD PROVISIONS
RELATED TO IMPROPER GOVERNMENTAL CONDUCT INCLUDING REPORTING
AND LIMITATIONS; AMENDING SECTION 2.01.130 TO ALLOW ALTERNATIVE
TO YEARLY ETHICS WORKSHOPS; RENUMBERING NUMEROUS SECTIONS;
INCLUDING AN EFFECTIVE DATE; AND A CODIFICATION INSTRUCTION.
WHEREAS, the Bozeman City Commission finds that the public trust is critical to a
well functioning democracy and that additional provisions in the Bozeman Municipal Code
related to improper governmental action including retaliation by employees and officials against
those who report alleged improper governmental action are necessary to ensure the trust of the
public; and
WHEREAS, the specific types of actions and behavior that constitutes improper
governmental action should be specifically defined so as to inform those who may allege a
violation of the standards of conduct as to which behaviors constitute such misconduct; and
ORDINANCE 1775
Version 12/22/09: For City Commission FINAL Adoption
Page 1 of 10
WHEREAS, the City of Bozeman is a self governing local government under Montana
law and has clear legislative authority to establish standards for improper governmental action;
and
WHEREAS, the Commission finds that retaliation by any City of Bozeman employee or
official for reporting of improper governmental action violates the City's established code of
ethics; and
WHEREAS, the City of Bozeman Ethics Board, at a duly noticed meeting, via motion
and vote, passed a recommendation to the Bozeman City Commission that the Commission
adopt this ordinance.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF BOZEMAN, MONTANA:
Section 1
That the table of contents of Chapter. 2.01 shall be amended as follows:
Chapter 2.01
Sections:
2.01.010 Declaration of Policy
2.01.020 Definitions
2.01.030 Persons Covered.
2.01.040 Standards of Conduct
2.01.050 Use of City Resources
2.01.060 Treatment of the Public
2.01.070 Conflict of Interest
2.01.080 Confidential Information
2.01.090 Gifts, Gratuities and Favors
2.01.100 Financial Disclosure Statement
2.01.110 Post Employment Activities
2.01.111 Public Notice Required
2.01.120 Reporting Improper Governmental Action/Rights
2.01.130 Board of Ethics
2.01.140 Duties and Powers of the Board
2.01.150 Who May Request Board Action
2.01.160 Limitations on Board's Power
ORDINANCE 1775
Version 12/22/09: For City Commission FINAL Adoption
Page 2 of 10
2.01.170 City Attorney Opinions
2.01.180 Procedures for Hearing Complaints
2.01.190 Those Subject to Removal Only by the Governing Body
2.01.200 Ex Parte Communication
2.01.210 Confidentiality of Board Information
2.01.220 Waiver of Confidentiality
2.01.230 Statute of Limitations
Section 2
That Section 2.0 1.010 of the Bozeman Municipal Code shall be amended as follows:
2.01.010 Declaration of Policy
The proper operation of the city government requires that public officials and employees
be independent, impartial, accountable, 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 nor be used to harass, intimidate, or retaliate against
citizens and other employees and officials; and that the public have confidence in the integrity of
its government. 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. Nothing herein shall be
construed to relieve any employee or official of the responsibilities set forth in Sections 2 -2 -104,
2 -2 -105, 2 -2 -121, 2 -2 -131, and 7 -5 -4109 of the Montana Code Annotated. Where a provision or
interpretation of this Chapter conflicts with a provision of the Montana Code Annotated the more
stringent provision or interpretation that requires a greater level of public disclosure shall apply.
Section 3
That Section 2.01.020 of the Bozeman Municipal Code shall be amended to insert the
following:
2.01.020 Definitions
As used in this chapter, the following terms shall have the following meanings, unless
the context clearly indicates that a different meaning is intended:
A. "Agency" means the City Commission and all other agencies, board, committees,
departments, and offices of the city, without exception.
B. "Board" means Board of Ethics.
ORDINANCE 1775
Version 12/22/09: For City Commission FINAL Adoption
Page 3 of 10
C. "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 official's or employee's
position.
E. "Direct Advantage" means a gain or benefit to the former public servant; his/her
present principal or employer.
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 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 of the
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.
1. "Improper Governmental Action" includes any action taken by an official or
employee during the performance of the officer's or employee's duties, regardless of
whether the action is within the scope of the employee's employment or the officer's
duties, and that
a. Violates the standards of conduct listed in 2.01.040 or 2.01.060;
b. Violates the standards prescribed by Title 2, Chpt. 2, MCA;
c. Is intended to harass, intimidate, or retaliate against any other employee,
official, or any member of the public for the conduct protected under this
Chapter or state or federal law;
d. Violates a fiduciary duty to the City of Bozeman or its citizens; or
e. Creates a substantial or specific danger to the public's health or safety.
Improper Governmental Action excludes personnel actions, including but not limited to:
employee grievances, complaints, appointments, promotions, transfers, assignments,
reassignments, reinstatements, restorations, reemployments, performance evaluations,
ORDINANCE 1775
Version 12/22/09: For City Commission FINAL Adoption
Page 4 of 10
reductions in pay, dismissals, suspensions, demotions, reprimands, violations of
collective bargaining or civil service laws, or alleged violations of agreements with labor
organizations under collective bargaining.
A properly authorized city program or budgetary expenditure does not become an
improper governmental action because a reporting_ person dissents from or disagrees with
the city policy or decision.
J. "Officials" means all officers and members of the city's agencies, whether elected or
appointed, whether paid or unpaid, whether permanent, temporary, or alternate, and
that are not employees.
K. "Personal interest" means any interest in the matter which would affect the action of
the 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.
L. "Public servant" means officials, members of the Parking Commission and Library
Board and employee as defined in this section.
M. "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 the use and
benefit of the city or of such other person or entity for a valuable consideration.
Section 4
That Section 2.01.030 of the Bozeman Municipal Code shall be amended to insert the
following:
2.01.030 Persons Covered
All officials, including members of the Parking Commission and Library Board, and all
employees shall be bound by this chapter. Upon initial employment and annually thereafter each
employee, official and member of every board or committee shall verify he /she has not and will
not knowingly violate any provision of this ordinance or the rules, standards of conduct or rules
of ethics established by state law.
Section 5
That Section 2.01.040 of the Bozeman Municipal Code shall be amended to insert the
following:
ORDINANCE 1775
Version 12/22/09: For City Commission FINAL Adoption
Page 5 of 10
Standards of Conduct
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 of conduct.
C. Each official or employee serving on a multimember agency is expected to devote
the time and effort necessary to the successful functioning of such agency.
D. No official or employee shall improperly use, directly or indirectly, his/her city
position to secure any financial interest or personal interest for himself /herself, 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/her
official duties.
F. No employee shall act in a private capacity on matters that they are directly
responsible for as an employee.
G. No official shall act in a private capacity on matters acted upon as an official.
H. All officials and employees shall refrain from improper governmental action as
defined in this Chapter.
I. No official or employee shall retaliate against any employee, official, or member of
the public regarding an allegation of improper governmental action because that
employee, official, or member of the public proceeded or is proceeding in good faith
under this Chapter including, acting under 2.01.120.1).
Section 6
That Section 2.01.060 of the Bozeman Municipal Code shall be amended to insert the
following:
ORDINANCE 1775
Version 12/22/09: For City Commission FINAL Adoption
Page 6 of 10
2.01.060 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 shall be treated courteously, impartially, and fairly. All
employees and officials shall, in the exercise of their official duties, refrain from taking any
action, making of any statement, or authoring any document that is intended to— harass,
intimidate, or retaliate against any member of the public.
Section 7
That Section 2.01.120 of the Bozeman Municipal Code shall be amended to insert the
following:
2.01.120. Reporting Improper Governmental Action/Rights /Limitations /Protected Conduct.
A. General.
1. The provisions of this section are intended to work in harmony with the City of
Bozeman Employee Handbook and provide remedies in addition to those listed in
the Employee Handbook. Under no circumstances shall the provisions of this
Chapter be taken as authorization for any official or member of the Board of
Ethics to take or order disciplinary action be taken against a city employee for
whom that official does not have authority to discipline or take action against
pursuant to the Bozeman City Charter or law.
2. Nothing herein shall be deemed to reduce or interfere with the rights of an
employee, official, or member of the public under Montana or federal law
regarding actions that may constitute an improper governmental action.
B. Right. Every City employee, official, or member of the public shall have the right to
report, in good faith and in accordance with this Chapter, to a City official, employ
another government official, or member of the Board of Ethics pursuant to the procedures
of this Chapter, or to any member of the public, information concerning improper
governmental action.
C. Limitations.
1. This section does not authorize a City employee, official, or member of the public
to report information that is subject to an applicable privilege against disclosure at
law, unless waived, or to make a disclosure where prohibited by law. The purpose
of this Section is to protect and encourage employees, officials, and members of
the public who know or in good faith believe improper governmental action has
occurred to report those actions in good faith and in accordance with this Chapter.
ORDINANCE 1775
Version 12/22/09: For City Commission FINAL Adoption
Page 7 of 10
2. An employee or official reporting of his or her own improper action does not
grant the employee or official immunity from discipline (including but not limited
to termination or removal from office) insofar as the employee or official's
improper action would be cause for discipline or removal from office.
3. This section does not grant an employee or official immunity from discipline
(including but not limited to termination or removal from office) insofar as the
employee or official's reporting of f alle eg d improper governmental action is found
to have not been made in good faith or is found to have been made in an attempt
to harass, intimidate or retaliate against the person who is the subject of the
original allegation of improper governmental action.
D. Employee /Official Protection and Protected Conduct.
The following conduct by employees, an official, or a member of the public is protected
under this section if carried out in good faith:
1. Reporting sexual harassment or workplace violence pursuant to the City of
Bozeman's policies;
2. Reporting any violations of Title 2, Chapter 2, MCA (Standards of Conduct) or
Title 49, MCA (Human Rights
3. Reporting any violation of the State of Montana's or City of Bozeman's criminal
laws;
4. Reporting violations of an employee's or official's fiduciary duties;
5. Reporting any other improper governmental action as defined in this chapter;
6. Cooperating in an investigation under this Chapter, the City of Bozeman Charter,
the City of Bozeman personnel policies, Title 49, MCA, or federal law, conducted
by a duly authorized city employee or official or a duly authorized agent of the
state or federal government; or
7. Testifying in proceedings or prosecution arising out of an improper governmental
action.
Section 8
That Section 2.01.130 of the Bozeman Municipal Code shall be amended to read as
follows:
A.
14. In coordination with the City Attorney, City Manager, and other appropriate
City personnel, arrange for the conduct of an annual workshop or training
program, 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
ORDINANCE 1775
Version 12/22/09: For City Commission FINAL Adoption
Page 8 of 10
of the Board, and, before taking office, Board member shall commit
themselves to attend it.
Section 9
That all other sections of Chapter 2.01 following 2.01.020 shall be renumbered in
consecutive order to reflect the amendment in Section 5 of this Ordinance.
Section 10
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 11
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
provision of the Bozeman Municipal Code not amended by this Ordinance shall remain in full
force and effect.
Section 12
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 13
Codification Instruction.
The provisions of Section 2 shall be codified as appropriate in Chapter 2.01 of the
Bozeman Municipal Code.
Section 14
Effective Date.
This ordinance shall be in full force and effect 30 days after final adoption.
ORDINANCE 1775
Version 12/22/09: For City Commission FINAL Adoption
Page 9 of 10
PROVISIONALLY PASSED by the City Commission of the City of Bozeman,
Montana, on first reading at a regular session held on the 7th day of December, 2009.
pF B OZ
41 REN JACOB N, Mayor
ATTE�s
ST
city cam° 3
APPROVED AS O FORM:
G -SULLIVAN
City Attorney
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 28th day of
December, 2009. The effective date of this ordinance is January 27, 2010.
B`oz KAAREN JACOB N, Mayor
ATT17C�
`rte
STAG YA
City I 1883
APP VED AS TO FORM:
/j N
G6t SULLIVA
City Attorney
ORDINANCE 1775
Version 12/22/09: For City Commission FINAL Adoption
Page 10 of 10