1. Bozeman Board of Ethics Recommendation to Adopt Ordinance 1833 June 25, 2012

2.  Amending BMC Section 2.03.600.A.14  Attendance at annual ethics training  Amending BMC Section 2.03.540  Gifts, gratuities, and favors Proposed Ordinance 1833

3.  Required by City Charter and BMC  Training Schedule is Flexible  Proposed Amendment  Consequences for failure of appointed officials to attend  BMC 2.03.600.A.14(b): “The City Clerk shall forward to the Commission annually a list of appointed 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.” Ethics Training Attendance

4.  Charter Section 7.01(a)  “The use of public office for private gain is prohibited. The city commission shall implement this prohibition by ordinance, the terms of which shall include, but not be limited to: 1.acting in an official capacity on matters in which the official has a private financial interest clearly separate from that of the general public, 2.the acceptance of gifts and other things of value, 3.acting in a private capacity on matters dealt with as a public official, 4.the use of confidential information, and 5.appearances by city officials before other city agencies on behalf of private interests.”  Application to Gifts:  Some gifts could be viewed as influencing or rewarding someone acting in an official capacity Gifts, Gratuities and Favors

5.  Current Bozeman Code (BMC 2.03.540)  “No official or employee shall accept a gift, gratuity, or favor from any person or entity, except as authorized by law.” Gifts, Gratuities and Favors

6.  Reevaluation Process  Board Meetings  Ethics Trainings  Drafting Proposed Amendments  Employee Evaluation of Proposed Amendments Gifts, Gratuities and Favors

7.  Montana State Law:  Less than $50:  No prohibitions whatsoever, regardless of purpose or intent  $50 or More:  Not allowed if designed to reward official action or if would tend to improperly influence official action  Some exceptions Gifts, Gratuities and Favors

8.  Proposed Gift Amendments (BMC 2.03.540)  Subsection A: Legislative Intent  Subsection B: Three Key Limitations on Any Gift  INFLUENCE: 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 duties.  REWARD: 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.  ≥$100 : Has a value of $100 or more for an individual. Gifts, Gratuities and Favors

9.  Subsection B: Three Key Limitations on Any Gift Gifts, Gratuities and Favors INFLUENCE REWARD ≥$100

10.  Proposed Gift Amendments (BMC 2.03.540)  Subsections C/D: Further Limits On Gifts Valued $25-$100  Must comply with subsection B (not for influence or reward)  Must be “provided incidental to and in conjunction with a public event where the official or employee’s attendance is in fulfillment with their official duties.”  Must file a disclosure statement  Gifts Valued <$25  Must comply with subsection B (not for influence or reward) Gifts, Gratuities and Favors INFLUENCE REWARD ≥$100 $25-$100 <$25

11.  Proposed Gift Amendments (BMC 2.03.540) Summary  Intended to Influence or Reward: Prohibited  $100 or More: Prohibited  Between $25 & $100: Permitted if  passes Subsection B  is incidental to attending public event in official capacity  file disclosure statement  Under $25: Permitted if  passes Subsection B Gifts, Gratuities and Favors

12.  Proposed Gift Amendments (BMC 2.03.540)  Subsection E: Items that are Not Considered Gifts  Gifts to persons in their private capacity and without relationship to their employment or official duties  Prize received upon random drawing  Award publically presented in recognition of public service Gifts, Gratuities and Favors

13. Discussion and Questions