Consent 1.H.
Regular City Council Meeting
- Meeting Date:
- 04/10/2017
- TITLE
- Second Final Reading Ordinance Re Amendment to and Repeal of City Ethics Ordinances and Adoption of State Ethics Rules and Enforcement Procedures
- PRESENTED BY:
- Brent Brooks
- Department:
- Legal
Presentation:
PROBLEM/ISSUE STATEMENT
As a follow-up to a Council Initiative by Council Member Cromley, in early 2016 a legal memorandum and related work session presentation were submitted to the Mayor and Council concerning the City's current ethics ordinances. There was extensive discussion by the Council as to the comparison between the City ethics ordinances and the State of Montana ethics statutes covering local elected and appointed government officals.As a result of this work session presentation and Council discussion, Council Member Cromley made a subsequent second Council Initiative to have staff draft and present an ordnance which would amend and largely repeal the City's ethics ordinances and rely instead upon the Montana Code Annotated statues that provide detailed ethical rules and enforcement procedures. An Ethics Board meeting was held in late December 2016 where a rough draft of proposed changes was presented to and discussed by the Board. On a 3-0 vote, the Ethics Board recommended that the Council approve the attached ordinance.
On March 27, 2017, the Council conducted a First Reading and Public Hearing on the proposed repeal and amendments and unanimously approved the proposed draft attached here as Attachment A. If the proposed changes are approved on Second Reading, future ethics complaints will be submitted to the County Attorney for consideration and investigation as provided in Title 2 of Montana Code Annotated.
On March 27, 2017, the Council conducted a First Reading and Public Hearing on the proposed repeal and amendments and unanimously approved the proposed draft attached here as Attachment A. If the proposed changes are approved on Second Reading, future ethics complaints will be submitted to the County Attorney for consideration and investigation as provided in Title 2 of Montana Code Annotated.
ALTERNATIVES ANALYZED
↵City Council may:
- Approve the draft Ordinance on Second Reading, or
- Amend the draft Ordinance on Second Reading, or
- Disapprove the draft Ordinance on Second Reading
FINANCIAL IMPACT
There is no foreseeable financial costs to the City if the Council adopts the State statutes concerning ethical rules and enforcement for local public elected and appointed officials.
RECOMMENDATION
Staff recommends that the City Council approve the proposed Ordinance on Second Reading which amends portions of the City's ethics ordinances and and repeals other sections of the ethics ordinances.