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HomeMy WebLinkAboutBoard of Ethics Resolution No. 2012-01, Recommending Revisions to the Bozeman Municipal Code Section 2.03.540, Gift Provisions k CITY OF BOZEMAN BOARD OF ETHICS RESOLUTION NO. 2012-01 A RESOLUTION OF THE BOARD OF ETHICS OF THE CITY OF BOZEMAN, MONTANA, RECOMMENDING TO THE CITY COMMISSION REVISIONS TO THE BOZEMAN MUNICIPAL CODE SECTION 2.03.540, GIFT PROVISIONS. WHEREAS, Section 7.01(b) of the Bozeman City Charter establishes an independent Board of Ethics and the duties and powers of the Board of Ethics are established at on 2.03.600, Bozeman Municipal Code (BMC) and include the authority to regularly evaluating all significant aspects of the administration and implementation of the City's Code of Ethics; and WHEREAS, over the course of several public meetings the Board of Ethics reviewed proposed revisions to 2.03.540, BMC, related to gifts, gratuities and favors and voted on May 23, 2012 to forward to the City Commission the revisions to 2.03.540 set forth in this Ordinance; and WHEREAS, the Board of Ethics voted on May 23, 2012 to forward to the City Commission the revisions to 2.03.600 set forth in this Ordinance for the purpose of ensuring compliance with the Charter requirement for all officials to attend the annual ethics training by specifically providing a list of those who fail to attend and authorizing removal of appointed officials for failure to attend the required ethics training. NOW, THEREFORE, BE IT RESOLVED by the Board of Ethics of the City of Bozeman, Montana, that: Section 1 A recommendation is made to the City Commission to amend Section 2.03.540 Gift Provisions within the Bozeman Municipal Code. Board members memorialized this decision by motion and vote during their May 23, 2012 meeting. It was moved by Chris Carraway, seconded by Melissa Frost to accept the 5-23-12 draft of the 2.03.540 gift provision amendments with the addition of including relationship in the disclosure statement. The motion passed unanimously. Recommended revisions are as follows: See, 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 at 2.03.460 and establish specific standards of conduct related to gifts, gratuities, and favors that are provided to a person because of a person's employment or official position with Page 1 of 3 the City. 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-; I. 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 or more for an individual. C. An employee or official may accept a gift gratuity, or favor that has a value greater than $25 but less than $100 for an individual only if such gift, gratuity or favor: 1. complies with 2.03.540.13.1 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. Upon the acceptance of a gift, gratuity, favor or award Pursuant to 2.03.540.0 the recipient shall file a disclosure statement with the Board of Ethics. Such disclosure statement shall 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. E. A gift,-gratuity, or favor does not include: 1. Items or services provide 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 t 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; or Page 2 of 3 3. An award publically presented to an employee or official in recognition of public service. Section 2 That Section 2.03.600.A.14 of the Bozeman Municipal Code shall be amended to read as follows: 2.03.600.—Duties and powers of the board. A. 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_, a. aAttendance 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 City Clerk shall forward to the Commission annually a list of officials who fail to take the training required under this section and the Charter. The Commission may remove an official for failing to take the required training_ PASSED AND APPROVED by the Board of Ethics of the City of Bozeman, Montana, at a regular session thereof held on the 215`day of June, 2012 rost, Chair, Boa cs ♦y OZr ATTEST: • ■ • . '•y% Cr perk APP OVE TO FORM: LLIVAN City ttorney Page 3 of