2. Ethics PolicyTO: Mayor Fisher and Kalispell City Council
FROM: Doug Russell, City Manager
MEETING DATE: January 14, 2013
SUBJECT: Ethics Policy Discussion
At a meeting in the fall of 2012, the request for a local ethics policy was made of staff.
Discussion at that time included examples of what was desired in a potential ethics policy, what
makes sense, and what would be useful long term.
I discussed, and am attaching, a sample policy and procedures document that includes an ethics
policy interwoven into the document. I have used this previously as an orientation document that
provides a baseline for incoming elected officials regarding the government structure, general
information related to meetings, communications, and ethics.
Inclusions that were made to this document from previous productions are based upon discussion
from that original request, including; a) financial disclosure statements, b) ex-parte
communications, and c) enforcement.
This is considered to be a draft document with the expectation that it will be modified at the
work session, or over a series of work sessions.
The recommended action for this work session is to review the document, discuss sections that
may be desired to be removed, added to, or otherwise modified.
www.kalispell.com
City of Kalispell Council Policies & Procedures
CHAPTER 1-MUNICIPAL POWERS
1.1 State Statutes
CHAPTER 2-FORM OF GOVERNM
2.1 City Council
2.2 Mayor
2.3 President of Council
2.4 City Manager
CHAPTER 3-LEGAL AN S DARDS
3.1 Preamble
3.2 Public Interest
3.3
3.4 ct of Interest
3.5 Appea of Improp
3.6 Implementa
3.7 Financial Disclosu atement
CHAPTER 4-COMMUNICATIONS
4.1 Ex-parte Communications
4.2 Communications with Staff
4.3 Handling of Litigation and Other Confidential Information
4.4 Representing an Official City Position
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4.5 Communications with Each Other
4.6 E-Mail Communications
4.7 Unofficial Settings
CHAPTER 5-CITY COUNCIL MEETINGS
5.1
5.4
5.5
5.6
5.7
Regular Meetings
Special Meetings
Work Sessions
Public Access to Meetings
Voting Procedure
Placing Items on the Agenda
Rules of Procedure
5.9 Agenda
CHAPTER
6.1
CI
2
L MATTERS
PREAMBLE
The residents and businesses of the City of Kalispell are entitled to have fair, ethical and
accountable local government. Such a government requires that public officials:
■ Comply with both the letter and the spirit of the laws and policies affecting
operations of the government.
■ Be independent, impartial and fair in their judAnotsonal
me nd actions.
■ Use their public office for the public goodgain.
Conduct public deliberations and processeless legally confidential, in
an atmosphere of respect and civility.
To this end, the City of Kalispell City Cc
Procedures (Code of Conduct) document
of local government and its fair and effec
"Nothing within this document
the Code of Ethics for
obligation.
Policies and
ce in the integrity
any State Statute (including
e, or other regulatory
CHAPTER 1- MUNICIPAL POWERS
1.1 Municipal powers, as outlined in State Statues
7-1-4122(MCA). Distribution of powers.
(1) A municipality has legislative, 11
(2) All legislative powers are ve the
municipality.
(3) Executive powers are veste ovide
adopted by the municipality.
(4) The judicial pow municipa
7-1-4123(MCA). Legislati o
A municipality with general p rs h ef
provisions of to adop , end
required to
(1) presery cer and
e'tis
0"se d pr he a
icial powers.
dy of the
the form
in the mulWiDal court.
, subject to the
;s and resolutions
freedom from dangerous or noxious
lic health and welfare;
function authorized or required by
state law;
(4) ercise any er gr d by state law;
(5) ect to 15- 20, levy any tax authorized by state law for public or
go ental oses as described in 7-6-2527;
(6) appr e c funds;
(7) impose 1 assessment reasonably related to the cost of any special
service or ecial benefit provided by the municipality or impose a fee for
the provision of a service;
(8) grant franchises; and
(9) provide for its own organization and the management of its affairs.
7-1-4124(MCA). Powers.
A municipality with general powers has the power, subject to the provisions of
state law, to:
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(1) enact ordinances and resolutions;
(2) sue and be sued;
(3) buy, sell, mortgage, rent, lease, hold, manage, or dispose of any interest in
real or personal property;
(4) contract with persons, corporations, or any other governmental entity;
(5) pay debts and expenses;
(6) borrow money;
(7) solicit and accept bequests, donations, or grants of money, property,
services, or other advantages and comply with any condition that is not
contrary to the public interest;
(8) execute documents necessary to receive in , property, services, or
other advantages from the state govern e federal government, or
any other source;
(9) make grants and loans of money, p services for public
purposes;
(10) require the attendance of wit and produc f documents relevant
to matters being considere e governing bod
(11) hire, direct, and discharge a ees and point an ove members of
boards;
(12) ratify any action unicipali officers or emp es that could
have been approve ce;
(13) have a corporate sea d
(14) acquire b eminent do 'n, as ed in 70, chapter 30, any
intere y for a lic ize law;
(15) init' civi n to re njoi tion of an ordinance;
(16) ente ate pro , obtai warrants w en necessary, for the purpose
of enfo ord' s that a t the general welfare and public safety;
Q,jjfUIg&ct a
ve s of p o rty and preparatory studies;
conde d de h hazar s structures;
purchase i ance establish self-insurance plans;
(21 pound an s and r private property creating a nuisance or
ructing a et or highway;
(22) es h quar nes;
(23) class 1 ions of city ordinances as civil infractions, with civil
pen lie ovided in 7-1-4150; and
(24) exercise p ers not inconsistent with law necessary for effective
administration of authorized services and functions.
CHAPTER 2- FORM OF GOVERNMENT
The City of City of Kalispell municipal government operates under a Council -Manager
form of government as established in 1989 by a vote of the people.
2.1 City Council
5
Under this form of government, the Council provides legislative direction, sets
City policy and monitors its execution by City staff through the City Manager.
The City Manager serves as the City's chief administrative officer and is
responsible for directing the day-to-day operations of the City.
State Statute
7-5-4101(MCA). General powers of municipal council.
The city or town council has power to make and pass all bylaws, ordinances,
orders, and resolutions not repugnant to the constitution of the United States or of
the state of Montana or to the provisions of this ecessary for the
government or management of the affairs of or town, for the execution of
the powers vested in the body corporate, a ing into effect the
provisions of this title.
Municipal Code
2-1 City Council (Kalispell Munic
The commission shall be referred to a
(8) members serving to our (4)
2.2 Maw
approval;
cil and A
1166 § 2-1)
of eight
as the Mayor, shall be elected at
the Council. (Ord. 1166 § 2-2)
Municipal Code).
of the City Council, all members of advisory boards
and resolutions on behalf of the City after Council
D. Perform ceremonial functions as Mayor of the City of Kalispell;
E. Perform any other duties specifically designated by ordinance or resolution.
Except for the above, the Mayor shall have no other executive or administrative
duties, those being the responsibility of the City Manager. (Ord. 1398, 9-17-2001;
amd. Ord. 1680, 10-18-2010)
2.3 President of the Council
Municipal Code
2-4 President of the Council (Kalispell Municipal Code).
A. Election: At its first meeting of each even numbered year, the Council shall
elect, by nomination and roll call, a president from its membership. In the
Mayor's absence from Council meetings, the president shall preside over the
meeting. Whenever the Mayor is unable to perform the functions of his or her
office, the president shall act as Mayor.
B. Successor: In the event the president of thetH resigns or becomes
ineligible to serve, the Council shall electsor from its membership.
(Ord. 1166 § 2-4; amd. Ord. 1680, 10-1
2.4 Ci , Manager
The provisions that outline the City otl
government are found in Gibiwter 7-3-3
Kalispell Municipal Code, utlir
Manager.
2-29 Statut
The City M
A. Enforce
B. Perform the
Direct,
E. Mk out Doli
and
' uncil-Ma form of
tatutes and s n 2-29 of
ges and responsibilities of the City
by law, ordinances or resolutions;
of 10 e ent;
mister epartments, agencies and offices of the
t as otherwise provided by law or ordinance;
blis by the City Council;
F. Prep e City cil agenda;
G. Recom me s to the City Council;
H. Report to th Council on affairs and financial condition of the City;
I. Execute bonds, notes, contracts and written obligations of the City Council,
subject to the following limitations:
1. All bonds, notes, contracts and written obligations, including
accumulated contract change orders in excess of fifty thousand dollars
($50,000.00) must have prior written approval of the City Council
regardless whether or not previously approved in the annual City
budget,
2. Any bonds, notes, contracts and written obligations less than fifty
thousand dollars ($50,000.00) may be executed by the City Manager
7
without prior written approval of the City Council only if such amount
was previously approved by City Council in the annual City budget;
J. Report to the City Council as the Council may require;
K. Attend City Council meetings and may take part in the discussion, but shall
have no vote;
L. Prepare and present the budget to the City Council for its approval and
execute the budget adopted by the City Council;
M. Appoint, suspend and remove all employees of the local government except as
otherwise provided by law or ordinance;
Appoint members of temporary advisory
Manager. (Ord. 1166 § 2-29; amd. OrdA
CHAPTER 3—LEGAL AND
3.1 Preamble
The residents and busin
ethical and accountable
officials:
3.2 Public Interest
es established by the
8-2010)
are entitled to have fair,
iernment requires that public
and policies affecting
constructive environment for
fair in their judgment and actions;
for the public good, not for personal gain; and
erations and processes openly, unless legally
atmosphere of respect and civility.
3.2.1 Recognizing that stewardship of the public interest must be their primary concern,
City Councilors shall work for the common good of the people of the City of
Kalispell and not for any private or personal interest. City Councilors must
endeavor to treat all members of the public and issues before them in a fair and
equitable manner.
8
3.2.2 City Councilors shall comply with the laws of the nation, the State of Montana
and the City of Kalispell in the performance of their public duties. These laws
include, but are not limited to: the United States and Montana constitutions; laws
pertaining to conflicts of interest, election campaigns, financial disclosures,
employer responsibilities and open meeting acts; and policies of the City of
Kalispell.
3.3.1
Conduct
City Councilors shall refrain from abusive conduct toward other members of the
City Council, boards, commissions, committees, stj4f or the public.
Council member duties shall be performed i
rules of order established by the City Couig
In order to best accomplish City b
themselves on public issues, lister
body and focus on the business at
Council decisions shall
hand.
with the processes and
inform
►ns before the
matter at
re substantive
e n that they have
pinaking process with all
action on the matter.
ence and impartiality on behalf of the public
Oted from using their official positions to
in which they have a financial interest.
take advantage of services or opportunities for personal
blic office that are not available to the public in general.
3.4.3 City Councilors shall respect and preserve the confidentiality of information
provided to them concerning the confidential matters of the City. They must
neither disclose confidential information without proper legal authorization nor
use such information to advance the personal, financial or private interests of
themselves or others.
3.4.4 City Councilors should avoid any action that could be construed as, or create the
appearance of, using public office for personal gain, including use of City
stationery or other City resources to obtain or promote personal business.
3.4.5 Public resources not available to the general public (e.g., City staff time,
equipment, supplies or facilities) shall not be used by City Councilors for private
gain or personal purposes.
3.4.6 To the best of their ability, City Councilors shall represent the official policies and
positions of the City Council. When presenting their personal opinions or
positions publicly, members shall explicitly state they do not represent the
Council or the City.
3.5 Appearance of Impropriety
When participation in action or decision-m,
implicate the specific statutory criteria for
participation still does not "look" or 'fie ' r
encountered the appearance of imp r
For the public to have faith and con]
implemented in an even-handed and
step aside even though n ical
term non -financial affiliate 1
the applicant is related by b o
community, members who en to
aside.
3.6.1
3.
3.7.1 FinOW disclosure
a public official does not
I i�lic
erest; however,
official has probably
that government ority will be
n public of eNsere
may need to
An example a long-
ublic official and an applicant or
to fecial. For the good of the
Learan impropriety should step
orientations for City Council.
Members o Cit ncil shall file with the City Clerk, by January 31st of
each year, a fin enclosure statement that will be considered a public
document.
The financial statement must include the following information:
A. The name and address of the Councilmember and describe any current
employment in addition to the elected position with the city;
B. Each present or past employing entity from which benefits, including
retirement benefits, are currently received by the individual;
10
C. Each business, firm, corporation, partnership or other business or
professional entity or trust in which the individual holds an equity interest of
ten percent or more of the entity;
1. Each entity not listed under subsection A. through C. in which the
individual is an officer, director or registered agent, regardless of whether
or not the entity is engaged for profit; and
All real property, other than a
holds an equity interest of ten
property may be described b
highway location.
CHAPTER
4.1 Ex-parte Communication
, in which the individual
'the real property. Real
buich as street address or
to a party or a few
shoddiscuss the parameters of
the person who is requesting affirmance
Council proceedings. Examples of
imited to, the following:
Each of these ex pies is similar. First, only specific persons are immediately
impacted by your decision — the persons living near the conditional use, variance
or vacation, persons who obtain the license, and persons who will be assessed.
Second, each instance requires the Council to take a legal standard and apply it to
the set of facts in order to arrive at a factual determination.
Therefore, in instances where the Council will be making an adjudicatory decision
each Council member should refrain from discussing the merits of that decision
outside of the Council chambers at an officially called public meeting.
11
If any person attempts to communicate with a board member regarding the topic,
the council member shall report the substance of the communication to the
council on the public record at the next regular meeting.
4.2 Communications with Staff
4.2.2 A Council member shall not direct staff to initiate any action, change a course of
action or prepare any report, nor shall a Council member initiate any project or
study without the approval of the majority of the cil.
4.2.3 City Councilors shall not attempt to pressurM
ence discussions,
recommendations, workloads, schedules o priorities absent the
approval of a majority of the Council.
4.2.4 Any concerns by a member of the Council regarding havior or work of
a City employee should be directed t City ger priv to ensure the
concern is resolved. Ahl
4.3 Handling of Litigation and In ation
4.3.1 All written verbal ed City Councilors on
matters tha confid 1 under w sha kept in complete confidence
to ensure tha ity's ition is n ompromised.
4.4 RAWANhhan O ' n
4.4.1Xexpecarefully
m rs mNpes,
eir tale only when conducting official City
info 'oor as an indication of background and
hether they are exceeding or appearing to
authori
4.4.2 In most insta ouncil will authorize the Mayor to send letters stating the
City's official po to appropriate legislators.
4.4.3 If a member of the City Council appears before another governmental agency
organization to give a statement on an issue affecting the City, the Council
member should indicate the majority position and opinion of the Council.
4.5 Communications with each other
4.5.1 Council members meeting together as a quorum outside of a publicly announced
meeting maybe in jeopardy of violating respective open meeting acts. Should the
12
occasion arise, when a quorum is gathered unexpectedly, city business should not
be discussed.
4.6 Email Communication
4.6.1 Email communications have in many cases been considered public documents and
are requested as such under respective open record acts. Both public and private
computers that contain public records are subject to subpoena.
4.7 Unofficial Settings
4.7.1 It is appropriate that Council members re(
conversations when out in public will be (
should take care to be aware of what they
public conversations.
CHAPTER 5-CITY COUNCIL
5.1 Regular Meetings
Fas elected officials, their
Members of the Council
gc, whether in private or
5.1.1 The City Council shall ho meeting e first and third Monday of
each month at 7:00 p.m. in t 1 cil cha s or any other location or
time they so designate. The C oun mber cated in City Hall, 201
First Avenue ell, na. 6 § , amd. Ord. 1680, 10-18-
2010)
5.2 S ecial Meetin
5.2.1 ity ctio Spec t s may be called by the Mayor, or in
or her abse he ent of t ouncil. A special meeting may also be
c at the requ thr members of the Council.
When Vmee
ng shall be called, a notice in writing signed by the
Mayor orsident shall be served upon each member of the Council
either in pice left at their place of residence, stating the date and
hour of th
Notice of a special meeting must be served upon the Council at least twenty-four
(24) hours prior to the meeting and the public media shall be notified as soon as
practical prior to such meeting.
5.3 Work Sessions
5.3.1 Work Sessions are conducted as a public meeting which the Council may set from
time to time to allow for a detailed review of important matters. All study session
meetings are open to the public.
13
5.4 Public Access to meetings
5.4.1
5.5
Under state law, MCA 2-3-203, all meetings of the council or city committees
must be open to the public.
Exceptions:
A. A meeting may be closed when discussion relates to a matter of individual
privacy if and only if the presiding officer determines that the demands of
the individual privacy exceeds the merits of public disclosure.
B. A meeting may also be closed to discuss a strategy for litigation when open
discussion would have a detrimental effect on the position of the public
agency, unless litigation is between two public agencies.
\T!
a. Affirmative Vote Required: In orde
Council, the motion ceive an
Council present at the S
ordinance.
b. Roll Call : Votes eso
roll cal each ber's v
14
ANIL Nfromthe
y the
lepvote jority of the
'se provided by State law or
nces shall be taken by
in the minutes.
c. Viva Voce : V motio ther than resolutions and ordinances
ken1% e of the Council requests, or if the
ayor ine cessar , of hands may be used to verify a vote.
-r Vote uireNeptions: When a question is stated upon any
th unry member of the Council present shall vote
1. Excu jority vote of the Council present;
2. Directly sted in the question; or
3. Prohibited y State law; in which case the Council member shall not vote.
5.6 Placing Items on Agendas
An adopted agenda setting policy facilitates a consistent process for staff to
research and provide equal and thorough information to the entire council.
5.6.1 Per City Code, 2-29 (F) One of the duties of the City manager is to "Prepare the
City Council Agenda"
14
5.6.2 To place an item on an agenda, a Council member can either request that an item
be introduced during the "Mayor/Council/City Manager's Report" section of the
meeting, or by contacting the City Manager's office with the request by noon on
the Wednesday preceding the meeting. The item will be placed as a discussion
item at a future work session for the Council deliberation.
5.6.3 Any person may request placement of a matter on the Council agenda by
providing a written request to the City Manager's office. If the matter is of an
operational or managerial nature, staff will address the concern without placing
the item on the agenda. A copy of the letter and stag response will be provided to
the Council. If the item is of a policy related m e item will be distributed
to the Council. If a Council member desires is to be placed on a future
agenda, the process outlined in Section 5. ollowed.
5.6.4
Nothing in this section prohibits or
from approaching the Council dur�
5.7 Rules of Procedure
5.7.1
5.8 Decorum
5.8.1
5.8.2
ber of the public
ion of the
will be conducted using
erence and/or guidance.
shall conduct themselves with
i nlWer or members of the Police Department as the
be the sergeant -at -arms of the Council meetings.
he sergeant -at -arms shall carry out all orders and
,y the presiding officer for the purpose of maintaining
at the Council meetings.
2. Arrest: Upon instructions of the presiding officer, it shall be the duty of the
sergeant -at -arms, or such other members of the Police Department present, to
place any person who violates the order of decorum of the meeting under
arrest, and subject to the discretion of the presiding officer to cite such
violator into Kalispell Municipal Court for the violation of MCA 45-8-101(g),
Disturbing or Disrupting Any Lawful Assembly or Public Meeting. (Ord.
1166 § 2-22; amd. Ord. 1680, 10-18-2010) (Kalispell Municipal Code: 2-22).
15
5.9 Agenda Packets
5.9.1 Agenda packets are to be made available for council members the Mayor's office,
the City's web site (www.kalispell.com).
5.9.2 Agenda packets are to be prepared for pickup Council members on the Friday
prior to (Monday) Council meetings.
CHAPTER 6—COUNCIL FINANCIAL MATTERS
6.1 City Council Budget and Expenses
6.1.1
On an annual basis, the City Council pas
expenditures for the upcoming year for
routine expenses and budgeted item
Council. These expenditures may d
conference registrations, travel expe
Expenditures that cannot be pre-appro
reimbursable.
that includes anticipated
ouncil.N
res outside of
e pre-appeeded by the City
but are not: seminar and
and Co cipurchases.
ue e v not be
ion of the Code isalleged, the affected
of the alleged violation(s) and a
n(s).
of this Code of Conduct shall be made in writing
A'Wey. The City Attorney or his or her designee
.aint and shall also review any signed written
n(s) or entity(ies) that are directly involved. Upon
v, the City Attorney's Office shall submit an unbiased
report to the Council at a hearing during a scheduled
1. At least ten days prior to the scheduled hearing, any affected elected
official(s) shall be notified in writing of the complaint and the scheduled
date of the hearing, and shall be provided copies of the materials reviewed
by the City Attorney, or his or her designee.
i. This provision of notice shall be required, except in cases in which
the affected elected official has been accused of criminal wrong
doing, or incases in which notice to the affected elected official(s)
would jeopardize an on -going criminal investigation by any local,
state, or federal law enforcement agency.
ii. The City Attorney shall make the determination as to whether the
above -enumerated notice exception applies, and shall document
the file as to the reason(s) therefore.
iii. In cases of alleged criminal wrong doing or on -going criminal
investigation, the subject complaint of violation of the Code shall
be suspended until such time as the City Attorney deems the
criminal allegation and/or criminal 'inwestigation has been resolved,
either by prosecution, or a deter ' n that no criminal charge(s)
are warranted against the affe ected official(s).
2. In the event the notice exceptio a does pply, the matter shall
proceed and any affected ele ficial(s) sha ve an opportunity to
respond and be heard duri scheduled hearin
3. The City Council will utilize th ed e
to:
of this Code;
sanction if any may be most appropriate.
mplaint of violation of this Code may
choosing at the scheduled hearing.
;u ce of two-thirds of the elected body shall be
tion that a violation of this Code occurred, and
of two-thirds of the elected body shall be required to
A. Neither an alleged nor confirmed violation of this Code of Conduct by itself
provides a basis for challenging the validity of any final action, enactment,
ordinance, resolution, decision, determination, or recommendation of the
Council.
B. Under MCA 7-5-4103, the council may adopt procedures for addressing
improper conduct of its members.
17
Such actions may include but are not limited to a public reprimand or public
censure.
1. Public reprimand as used in this Code means a public declaration made by
resolution at a Council meeting announcing that an elected official's
conduct was improper and describing the impropriety under this Code.
2. Public Censure as used in the Code means an official public condemnation
made by resolution at a Council meeting denouncing an elected official's
conduct as a violation of this Code and the reasons therefore.
18