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1 ADVISORY BOARD MEMBER HANDBOOK A Guide for Citizens Appointed to Advisory Boards of the Billings City Council April 2008 Draft for April 7, 2008, Work Session ---PAGE BREAK--- 2 TABLE OF CONTENTS ---PAGE BREAK--- 3 WELCOME FROM THE MAYOR AND CITY COUNCIL Dear Advisory Board Member, On behalf of the City Council, City staff, and the citizens of Billings, I want to thank you for your willingness to give your time and energy in service to our community. You are to be commended for taking this step in keeping Billings a place we are proud to call home. You have been appointed to serve as a member of an Advisory Board that reports to the Mayor and City Council and provides valuable input and recommendations. In accordance with Section 5.01 of the Billings City Charter, the Board to which you have been appointed is advisory only. It has no administrative authority unless specifically required by federal or state law, or interlocal agreement. You and your Board have an important role in keeping the Mayor and City Council advised of various issues pertinent to your Board. You have the important responsibility to conduct the people’s business in an open, mindful and fair manner. You will need to listen to all parties who come before you with an interest in an issue. There is a great sense of power when citizens come together to work on an issue. Making things happen to help others and your community is a very satisfying part of being a member of a City Advisory Board. You should be justifiably proud of your efforts. The issues, personalities, and passions involved in doing the people’s business are often complex and challenging. Don’t let the frustrations of others become a source of frustration for you. Our mission cannot be accomplished in a single session, and we must not lose sight of our long term goals. A committed group of citizens serving on our Advisory Boards is essential to the success of the City of Billings. Your commitment will make a real difference in the lives of the people we serve. Your service is vital and appreciated. Sincerely, Ron Tussing Mayor ---PAGE BREAK--- 4 WELCOME FROM THE CITY ADMINISTRATOR Dear Board Member, SUGGEST LETTER FROM CITY ADMINISTRATOR AT THIS POINT COVERING THE FOLLOWING TOPICS: • Welcome • Explaining the parts of the Handbook and that it has general information about the structure of City government and the duties of the City Administrator and City Council. • Attaching the list of regular meeting times and places for all Advisory Boards. • Referencing important attachments to the Handbook, which include: o Dates and Times of regular meetings for all advisory boards. Explaining that the citizen should attend the next meeting listed for his/her Board. o Code of Ethics, which applies to all city employees and public officials, including advisory Board members. o Basic explanation of the meeting format, parliamentary rules of procedure, open meeting requirements, and constraints and ex parte communication. o Certain City Attorney legal opinions of interest to Board members. o List of Board and Commission members and Board descriptions o Billings City Charter Sincerely, Christina F. Volek City Administrator Att. – List of Meeting Times and Places ---PAGE BREAK--- 5 CHARTER OF THE CITY OF BILLINGS On September 14, 1976 with an effective date of May 2, 1977, the electorate of the City of Billings adopted the Billings Charter. Adopting a Charter allowed the City of Billings to have a form of government that met the unique needs of this City. The Charter addresses executive, legislative, and administrative structure and organization. It also states that the Mayor and City Council may have boards, but that they are generally advisory only. A complete copy of the Charter is set out in Attachment 1. BILLINGS, MONTANA CITY CODE While the Charter sets out general structure and organization, the Billings, Montana City Code (BMCC) is the book of all laws (ordinances) that specifically govern Billings’ citizens. There are many other laws that also apply, such as Montana statutes and Federal laws and regulations, but the Billings, Montana City Code applies only to Billings. Certain parts of the Code, such as the Zoning Chapter, also apply to Yellowstone County. The BMCC is constantly changing. It is amended and reviewed by the Council on a continual basis. The actual hard-copy of the City Code book is updated at least twice a year via printed supplements and is available for review at the Parmly Billings Library or the City Clerk’s Office. The City Code can also be found on the City’s website at http://ci.billings.mt.us under Online Services. The online version is updated more frequently, generally at the end of each month. CODES OF ETHICS As with all other City employees and public officials, members appointed to the various City Boards are subject to both the Billings’ Code of Ethics and the Montana Code of Ethics. Both Codes are set out in full in Attachment 2. The purpose of the Codes of Ethics is to ensure that all elected, employed or appointed public officials are conducting themselves in an ethical manner. Organizational Structure of City of Billings Government Just like the Legislative branches of State and Federal government, the Mayor and City Council are the responsible policy-making body of the City. The Advisory Boards, however, provide valuable input and recommendations to the City Council, which greatly help in this process. Of course, the general public, City staff, and specific interests also play a role in developing City policy. The City Administrator has been designated by the City Charter as the individual who directs the day-to-day operations of the City in carrying out the policy directives and decisions of the City Council. The City Administrator is assisted with this task by her/his immediate Staff and the heads of the major City departments. ---PAGE BREAK--- 6 There are eight departments in the City organization that are under the supervision of the City Administrator. They are: • Aviation and Transit; • City Attorney; • Fire; • Parks, Recreation, and Public Lands; • City-County Planning and Community Services; • City-County Library; • Police; and • Public Works. The operations of each department and any associated divisions are organized and directed by a department head. The City Attorney and staff are the attorneys for the City and provide legal advice to the Mayor, City Council, and City staff. Attachment 3 includes two legal opinions of general interest to advisory board members. The Municipal Court is under the direction of an independently elected Municipal Judge. The Municipal Judge does not report to the City Council, but is involved with the City Administrator during the City budget preparation processes and any court operational issues. The general City organization is as follows: ◊ The Mayor and City Council develop, establish, review, discuss, and adopt policies, and pass them to the City Administrator. ◊ Boards, Commissions or Committees may be appointed by the Mayor with the consent of the City Council. Billings City Charter requires that the boards be advisory only. They have no administrative authority unless specifically required by federal or state law, or interlocal agreement. (Billings City Charter, Section 5.01). The City Administrator and her/his staff develop the best method of carrying out the City Council’s policies by coordinating City resources and staff. In addition, the City Administrator determines how to allocate funds, staff, and materials in order to carry out the projects within the budget approved by the City Council. ---PAGE BREAK--- 7 ---PAGE BREAK--- 8 Advisory Board Meetings and Agenda Procedure and City Council Meetings and Agenda Procedure The Agenda for the Advisory Board meetings is prepared by the City Staff Liaison for your Board. Public notice must be given of each meeting, an Agenda is printed, and Minutes are kept. The Advisory Board procedure is handled for the most part by your Chairperson and City Staff Liaison. For background information, you may be interested in knowing about the agenda and meeting times for the City Council. Regular Council meetings are held the second and fourth Mondays of each month beginning at 6:30 p.m., in the Council Chambers, unless otherwise scheduled by the Mayor and City Council. Each meeting operates with a published agenda, which organizes the topics that require action into a useable format. The Regular Meeting agenda is divided into three sections. The first section includes Preliminary Activities such as roll call, minute adoption, courtesies, board and commission reports, proclamations, and the City Administrator's report. The second portion is a Consent Agenda, which includes routine matters such as bid awards, setting of public hearing dates, and standard contracts. Any consent agenda item may be removed from the consent agenda and discussed separately as either part of the Consent Agenda or moved to the Regular Agenda at the request of any Councilmember. The third section is the Regular Agenda. Other new business items needing separate action or discussion are listed under the Regular Agenda. This includes any issue requiring a public hearing, first readings of ordinances, and any matter previously considered by the City Council, but requiring further discussion prior to final action. City Council Work Sessions are held on the first and third Mondays of each month. The Work Sessions are a forum for the Council to hear informational presentations and to discuss issues on an informal basis. No motions are entertained nor votes taken. While the work sessions are open to the public, no public comment or testimony is taken on discussion items. The Work Session agendas are compiled by the City Administrator in coordination with the Mayor. As required by City ordinance, the Chairperson of each board, commission or committee shall report to the mayor and city council annually either in person or in writing. If the presentation is in person, it will be at a Council Work Session at a date and time arranged through the staff liaison. All gatherings of the City Council, and likewise Advisory Board gatherings, are subject to the Open Meeting Law, which is discussed in the next section. ---PAGE BREAK--- 9 Conduct of Advisory Board Meetings and Parliamentary Procedure Majority rule requires that the minority abide by the will of the majority. This is, in turn, based upon the willingness of the majority to permit the minority to have their say before final action is taken. Ultimately, it is the majority taking part in the assembly who decide the general will, but only following upon the opportunity for a deliberative process of full and free discussion. Group discussion and action require rules for their operation. These rules are commonly called parliamentary procedure. Rules of parliamentary law are constructed on a careful balance of the rights of the persons or subgroups within an organization’s or an assembly’s total membership. These rules are based on a regard for the rights of: The majority The minority, especially a strong minority – greater than one-third Individual members Absentees All of these together. The means of protecting all of these rights in appropriate measure forms the substance of parliamentary law. Parliamentary procedure enables the overall membership of an assembly to establish and empower an effective leadership as it wishes, and at the same time to retain exactly the degree of direct control over its affairs that it chooses to reserve to itself. For a group to be of maximum effectiveness, it must know how to deliberate and their deliberations into group actions. The Billings, Montana City Code (BMCC) and Robert's Rules of Order, Newly Revised dictate the rules of order and procedure that apply at Council meetings and Advisory Board meetings. A review of the most basic parliamentary procedure, as detailed in Robert's Rules of Order, Newly Revised, will follow. Understanding the different types of motions and their uses is important. As stated earlier, a member proposes action to be taken at a meeting in the form of a Motion. To make a motion, the member must first address the Chair by title (example: Chairperson) and his/her name. This procedure is called obtaining the floor. The presiding officer determines which member may speak first. Motions should be introduced by saying "I move that" or "I move to" followed by one clearly stated item of business. A motion will not be considered unless another member seconds the motion by obtaining the floor and saying, “I second the motion.” If a motion is not seconded, it is dropped. “I so move” or any other abbreviated language does not constitute a correct form for a motion and is deemed out of order. If a motion is seconded, the Chairperson calls for a discussion or debate of the motion. Only one member may have the floor at a time, and no member may speak more than once on a topic until all members wishing to speak on the topic have had an opportunity ---PAGE BREAK--- 10 to do so. A member may not speak more than twice on a topic without leave of the majority of the Advisory Board. Once the discussion on the motion is concluded, the Chairperson puts the motion to a vote either by voice or by individual roll call. Most motions pass by a simple majority vote. Specific motions have preference in obtaining the floor based on their Rank. Because some motions need to be discussed before others, those higher-ranking motions always take precedence over lower ranking motions. By way of example, the thirteen “ranking” motions are listed below in reverse order of rank, starting with motions of lowest rank and progressing to those of highest rank: Debatable 1. Main Motion 2. Motion to postpone indefinitely. 3. Motion to amend the motion. 4. Motion to refer to a committee. 5. Motion to postpone to a certain time. Not debatable 6. Motion to limit or extend limits of debate. 7. Motion for previous question. 8. Motion to lie on the table. 9. Motion to call for the orders of the day. 10. Motion to raise a question of privilege 11. Motion to recess. 12. Motion to adjourn. 13. Motion to fix the time to which to adjourn. NOTE: Only a motion of higher rank than the one being considered can be made. There are three main types of motions: Main motions – the basis of all parliamentary procedure, introduce new business to the assembly for consideration and action and can only be introduced when no ---PAGE BREAK--- 11 other motion is pending. Privileged motions introduce a new question that needs to be settled immediately. Motions of this type have no direct effect on a main motion's determination, except for interrupting the consideration of the main motion. These motions relate to the rights or privileges of the organization or individual members rather than to particular items of business and are of such urgency that they are entitled to immediate consideration. The most common privileged motions are: Call for the orders of the day if the agenda is not being followed, a member can use this motion to have the schedule of the meeting enforced. Raise a question of privilege permits a member to interrupt ending business to state an urgent request or motion (examples: noise, inadequate ventilation, etc.). Recess - a short intermission for a specific period of time can be requested. Adjourn - to end the meeting entirely. Fix the time to which to adjourn - the Board, before adjourning, can fix a date, time, and place for another meeting to take place before the next regular meeting. Subsidiary motions - relate to treating or disposing of other motions (usually a main motion) under consideration for the purposes of changing the main motion, disposing of it, delaying action on it or closing debate. Subsidiary motions relate back to or affect the main motion in some manner. The most common subsidiary motions are discussed below. Motion to postpone indefinitely - a motion that the Board declined to take a position on a main question. It avoids a direct vote on the question and is useful in disposing of badly chosen or embarrassing main motions. This motion does not actually postpone the pending question, but kills it. It takes precedence over only the main motion and is the lowest ranking subsidiary motion. It is debatable, but not amendable. Motion to amend and motion to amend the amendment - during the debate on a main motion; a member may make a motion to amend (primary amendment) in order to change a part of the main motion. An amendment must always be germane to the subject of the motion to be amended. Motion to postpone to a certain time – a motion that delays action on the pending motion to a definite day, meeting or hour or until after a certain event. A motion may be postponed either so that it may be considered at a more convenient time, or because debate has shown reasons for holding off a decision until later. ---PAGE BREAK--- 12 There are three main ways of amending a motion: 1. To amend by inserting or adding; 2. To amend by striking out; 3. To amend by substituting a word, phrase, clause, or an entire proposition. Like the main motion, a motion to amend must be seconded and may be discussed. If the amendment is voted on and is approved, the original motion as amended, is then before the Board for further discussion and a vote. If the amendment is not approved, the original motion is again open for discussion. A motion to amend the amendment (secondary amendment) can be made in order to change the amendment that is under discussion. Only two amendments to a main motion, the primary and secondary amendments, may be pending at the same time. When a main motion with a primary and a secondary amendment exists, after discussion, the secondary amendment is voted on first; then the primary amendment; then the main motion. If one or both of the amendments are approved, then the main motion – as amended is voted on. Motion to substitute - once a main motion is being discussed; a member can make major amendments to the main motion by moving to substitute a new main motion. If a motion to substitute is adopted, the original main motion is killed and no debate on or amendment of the adopted substitute motion is in order. Motion to reconsider - a motion to reconsider allows discussion to be reopened, within a limited time, on a motion that has already been voted on. The purpose is to permit correction of erroneous action or to take into account added information or a changed situation. Only a member who voted with the majority or prevailing side may make a motion to reconsider. In addition, a motion to reconsider will only be in order if made at the same meeting or the next meeting following that on which the decision was made. Approval of a motion to reconsider requires only a simple majority vote. The effect of approval of a motion to reconsider is to again place before the original motion in the same position it was in immediately before it was voted on the first time. Following discussion and debate, and after any amendments, a new vote is taken on the original question. ---PAGE BREAK--- 13 City Council and Advisory Board Rules of Procedure The City Council’s Rules of Procedure, which are in large part similar to those of the Advisory Boards, are published at Article 2-507 of the Billings, Montana, City Code (BMCC). The Rules of Procedure applicable to Advisory Boards are set out below. Set out the Rules approved by Council Ordinance. Attachment 4 includes all of Article 2-500, BMCC, the ordinances which govern the advisory boards, commissions, and committees. Montana Open Meeting Law The Montana Open Meeting Law is very aggressive and essentially requires that any gathering of a quorum of the City Council or one of its advisory boards or any regularly scheduled meeting of the Council or one of its advisory boards be open to the public. Thus, if a private person invites a quorum of the City Council or an advisory board to hear a presentation on an issue that the City Council or advisory board will be acting on at some time in the future, that presentation must be opened to the public and the media. This law applies to all City boards, commissions, committees, and sub-committees created by the City Council. There are very few exceptions. Meetings to discuss some personnel matters where the right to privacy of the individual takes precedence over the public’s right to know may be closed. When a meeting is closed, the City Council is in executive session. The City Council may also go into executive session to consider lawsuits so long as the other party to the lawsuit is not an entity of state or local government. This is a very sensitive area and if you are in doubt about whether a meeting should be opened, ask the City Attorney. If the meeting is opened, then there is an obligation to give advanced notice of the meeting and to record minutes. The open meeting requirements are included in Article 2-600 of the City Code. The definition of “meeting” has included remote communication methods, e.g. conference calls. Further, a set of communications that eventually include a quorum of the Council could also be a “meeting”, e.g. a series of phone calls or E-mails. Please be prudent in your use of the “Reply to All” option in E-mail. Citizen Inquiries Sometimes a citizen may call or talk to an Advisory Board member with a question or a ---PAGE BREAK--- 14 complaint about a particular problem. Sometimes the complaint is related to not understanding why particular action is taken and sometimes it relates to how a service has been provided (or not provided). The Handbook has been prepared to help you answer some of the "why" questions. When particular service issues or questions come up, the staff is also concerned about getting a quick and accurate response to a citizen. The most effective way for the staff to ensure that this response provided is for the member to call someone in the Office of your Staff Liaison with his/her concern. Staff will follow up with the citizen directly or give the information back to the member, whichever is preferred. Complaints or questions can be directed to the Administrator, the Assistant Administrator, the Executive Secretary, or the Complaint Line at 657-8267. The Executive Secretary enters complaints from the Complaint Line into the City’s Computerized Complaint System. Each department is responsible for complaints directed to its respective department. CONCLUSION We hope this Handbook has provided a good basis for the work you are about to undertake on your Advisory Board. Your Staff Liaison and Chairperson are also good resources for information. The Mayor and City Councilmembers sincerely appreciate your willingness to learn more about the City and to help advise the City Council through the work of your Board. ---PAGE BREAK--- 15 ATTACHMENT 1 CHARTER OF THE CITY OF BILLINGS Editor's note: Printed herein is the Billings Charter adopted by the electorate of the City on September 14, 1976 with an effective date of May 2, 1977. Amendments are indicated by a history note following in parentheses following the amended section. Obvious misspellings have been corrected. Other changes made for clarity are indicated by brackets. Article VII, Transition, and the Intent Statement have been deleted from this printing. *State law references: Self-government Charter, Const. of MT. Art. XI, § 5; nature of self-government local governments, MCA 7-1-101 et seq. Art. I. Powers of the City Art. II. City Boundaries Art. III. Legislation Art. IV. Executive Art. V. Board, Commissions or Committees Art. VI. General Provisions We, the citizens of the City of Billings, for the purpose of establishing a just form of fundamental law one that is responsible to the public for providing equal and adequate services and protections, with efficient use of the community's revenue for all; one that provides for self-governing powers with respect to the health, safety, and welfare of every citizen, and one that utilizes the utmost flexibility to plan for the future-- do establish this Charter for the City of Billings of the State of Montana. ARTICLE I. POWERS OF THE CITY* *State law references: Nature of self-government local governments, MCA 7-1-101 et seq. Section 1.01. Powers of the City. The City shall have all powers possible for a self-government city to have under the Constitution and laws of this state as fully and completely as though they were specifically enumerated in this Charter. Section 1.02. Mill Levy Limit. ---PAGE BREAK--- 16 The Council shall not levy more than 74 mills on real and personal property for all purposes, except as specifically authorized by this Charter. The mill levy on real and personal property may be increased above the 74 mills for general purposes as provided in this Section 1.02 only by an affirmative vote of a simple majority of the votes cast in an election on this question. (Ord. No. 4278, § 1, 3-10-80) *State law references: Mill levy limit is not applicable to self-governing local government units, MCA 7-1-114(1)(g). Section 1.03. Mill Levy for Transit. In addition to the mill levy authorized by subsection 1.02 of Article I, the City Council may levy not more than ten (10) mills for transit purposes only. (Ord. No. 4278, § 1, 3-10-80) Section 1.04. Mill Levy for Library. In addition to the mill levies authorized by subsections 1.02 and 1.03 of Article I, the City Council may levy not more than five mills for the purpose of providing funds for the operation, maintenance and capital needs of the Parmly Billings Library only. (Ord. No. 94-4948, § 1, 1-3-94) Section 1.05. Mill Levy to Maintain Level of Fire and Police Services. In addition to the mill levies authorized by subsections 1.02, 1.03 and 1.04 of Article I, the City Council may levy not to exceed the amount of mills set out hereafter for the purpose of providing funds to maintain the operation, maintenance and capital needs of the fire department and police department of the City. The increase shall be phased in over the next four fiscal years. The mill levies authorized by this subsection are intended to be permanent, are imposed solely to maintain the 1998--1999 level of service funded at $15,443,284.00, and may only be imposed to pay the additional costs of these services, which exceed $15,443,284.00. 1999/2000--5 mills 2000/2001--10 mills 2001/2002--15 mills 2002/2003--20 mills This Ordinance will be repealed and void if Ordinance Number 98-5063 (to maintain and increase current levels of service and funding) passes. (Ord. No. 98-5062, § 1, 8-10-98) Editor's note: Ord. No. 98-5062, 1--3, adopted by the City Council on July 28, 1998, amended the Charter by renumbering former section 1.05 as section 1.06 and adding new provisions as section 1.05. Ord. No. 98-5062 was approved by the voters on Nov. 3, 1998. Ord. No. 98-5063, which would have superseded Ord. No. 98-5062, was not approved by the voters. Section 1.06. Construction. ---PAGE BREAK--- 17 The powers of the City under this Charter shall be construed liberally in favor of the City, and the specific mention of particular powers in the Charter shall not be construed as limiting in any way the general power stated in this article. (Ord. No. 94-4948, § 1, 1-3-94; Ord. No. 98-5062, § 1, 8-10-98) ---PAGE BREAK--- 18 ARTICLE II. CITY BOUNDARIES* *State law references: A local government with self-government powers is subject to state laws on annexation, MCA 7-1-114(1)(a); annexation procedures, MCA 7-2-4201 et seq. Section 2.01. The corporate boundaries of the City of Billings, Montana shall remain fixed and established as they exist on the date this Charter takes effect, provided that the City shall have the power to change its boundaries in the manner provided by law. ARTICLE III. LEGISLATION* *State law references: A local government with self-government powers is subject to state laws establishing legislative procedures or requirements, MCA 7-1-114(1)(c); local government ordinances, resolutions, and initiatives and referendum, MCA 7-5-101 et seq.; conduct of municipal government, MCA 7-5-4101 et seq. Section 3.01. Legislative Branch. A. The legislative branch shall consist of the City Council and the Mayor. B. All powers of the City shall be vested in the legislative branch, except otherwise provided by law or this Charter, and the legislative branch shall provide for the exercise thereof and for the performance of all duties and obligations imposed on the City by law. C. The legislative branch shall conduct an annual performance review of the City Administrator. (Local Gov't. Review Comm., approved at election, June 4, 1996) Section 3.02. City Council: Composition and Powers. A. There shall be a City Council of the City of Billings composed of ten (10) Councilmembers. B. Reserved. Section 3.03. City Council: Election, Terms and Qualifications. A. Councilmembers shall be elected from wards. Two Councilmembers shall be elected from each ward. One Councilmember from each ward shall be elected every two years. B. Councilmembers shall serve for terms of four years and shall be limited to two consecutive terms. C. Councilmembers shall reside within the ward from which they are elected and shall be qualified voters of the City of Billings. (Local Gov't. Review Comm., approved at election, June 4, 1996) ---PAGE BREAK--- 19 Section 3.04. Mayor: Election, Powers and Duties. A. The Mayor shall be a resident and qualified voter of the City of Billings and shall be elected at large for a term of four years and shall be limited to two consecutive terms. B. The Mayor shall be the presiding officer of the City Council and shall vote on all issues. C. The Mayor shall be recognized as the head of City government for all ceremonial purposes and by the Governor for purposes of military law, and shall execute contracts, deeds and other documents. D. The Mayor shall have no administrative duties except as required to carry out the responsibilities heretofore set forth. (Local Gov't. Review Comm., approved at election, June 4, 1996) Section 3.05. Deputy Mayor. The City Council shall elect at its first meeting following each general election from the Councilmembers a Deputy Mayor, who shall act as Mayor during the absence or disability of the mayor. Section 3.06. Election. The procedure for the nomination and election of all City officials shall be as prescribed by state law for non-partisan elections. *State law references: A local government with self-government powers is subject to all state laws regulating the election of local officials, MCA 7-1-114(1)(d); elections, MCA 13-1-101 et seq. Section 3.07. Prohibition, Appointments and Removals. Neither the City Council, its members, nor the Mayor shall in any manner dictate the appointment or removal of any City administrative officers or employees whom the City Administrator or any of his or her subordinates are empowered to appoint. Section 3.08. Interference with Administration. Except for the purposes of inquiries and investigations, the Council, its members and the Mayor shall deal with the City officers and employees who are subject to the direction and supervision of the City Administrator solely through the City Administrator. Neither the Council, its members, nor the Mayor shall give orders to any City officer or employee either publicly or privately. Section 3.09. Vacancies, Forfeiture of the Office, Filling of Vacancies. A. Vacancies. The office of Councilmember or Mayor shall become vacant upon his or her death, resignation, removal from office in any manner authorized by law, or forfeiture of his or her office. B. Forfeiture of Office. A Councilmember or Mayor shall forfeit his or her office if he or she: lacks at any time during his or her term of office any qualification for the office prescribed by the Charter or by law, or violates any express prohibition of this Charter, or is convicted of a felony. ---PAGE BREAK--- 20 C. Fillings of Vacancies of City Council. Vacancies of less than five in number on the City Council shall be filled by appointment by the Mayor with the advice and consent of the majority of the remaining City Council. The appointed Councilmember shall be a resident of the ward in which the vacancy occurs and a qualified voter of the City of Billings. A vacancy shall be filled within thirty (30) days after it occurs. If not filled within thirty (30) days, a special election shall be called in that ward. At the next general election, an appointed Councilmember shall stand for election for any remaining portion of the term of the office to which he or she has been appointed. If five or more Council positions are vacant, a special election shall be held within ninety (90) days for the unexpired terms of the vacant positions. In the event that all members of the City Council are removed by death, disability, forfeiture of office, or other cause, the Governor shall appoint an interim Council which shall hold office until a special election can be held within ninety (90) days. D. Filling of Vacancy in the Office of Mayor. If a vacancy in the office of Mayor, the Deputy Mayor shall become Mayor for the remainder of the unexpired term of the Mayor. Upon assuming the office of Mayor, the Deputy Mayor vacates his or her Council position. Section 3.10. Procedure. The Council shall establish by ordinance its rules of procedure and time and place of meetings. Section 3.11. Compensation. The Council shall establish by ordinance the compensation of its members including the Mayor, but no Councilmember or Mayor's compensation may be increased during his or her term of office. ARTICLE IV. EXECUTIVE Section 4.01. City Administrator: Employment, Compensation, Qualifications. The Council shall employ a City Administrator on the basis of merit for an indefinite term. The Administrator shall not be the Mayor or a Councilmember at the time of employment and need not be a resident of the City or state at the time of employment. The Council shall conduct an annual performance review of the City Administrator. (Local Gov't. Review Comm., approved at election, June 4, 1996) Section 4.02. City Administrator: Removal. The Council may remove the Administrator with or without cause by an affirmative vote of a majority of all its members. Section 4.03. City Administrator: Powers and Duties. The Administrator shall: A. carry out policies established by the City Council; B. perform the duties required by law, ordinance, resolution, or this Charter; ---PAGE BREAK--- 21 C. enforce laws, ordinances, and resolutions; D. administer the affairs of the City; E. direct, organize, establish, supervise, and administer all departments, agencies, and offices of the City; F. appoint, suspend, and remove all employees of the local government; G. prepare and present the City budget to the Council for its approval and administer the budget adopted by the Council; H. Report publicly to the Council at least quarterly on the financial conditions of the City; I. recommend measures to the Council; J. report to the Council as the Council may require; K. attend Council meetings and take part in the discussion, but shall have no vote; L. appoint with the approval of the City Council a qualified acting administrator to exercise the powers and perform the duties of the Administrator during temporary absences. ARTICLE V. BOARDS, COMMISSIONS, OR COMMITTEES Section 5.01. Powers. Boards, commissions, or committees of City government shall be advisory only. They shall have no administrative authority unless specifically required by federal or state law, or interlocal agreement. Section 5.02. Appointment, Compensation, Terms and Qualifications. A. Boards, commissions, or committees shall be appointed by the Mayor with consent of the Council, unless otherwise provided by federal or state law, or interlocal agreement. Notice of a vacancy shall be published thirty (30) days prior to appointment. Members of boards, commissions, or committees shall hold no other elected City office unless required by federal or state law, or interlocal agreement. Terms shall be limited to two consecutive four year terms. B. Board, commission, or committee members shall serve without compensation. ARTICLE VI. GENERAL PROVISIONS Section 6.01. Effective Date. The effective date of this Charter shall be May 2, 1977. Section 6.02. Amendment Procedure. The Charter shall be amended only as provided by state law. *State law references: Amendment of self-government Charter, MCA 7-3-103. ---PAGE BREAK--- 22 Section 6.03. Recall. An elected City official may be recalled as provided by state law. *State law references: Montana Recall Act, MCA 2-16-01 et seq. Section 6.04. Severability. If any provision of this Charter is held invalid, the other provisions of the Charter shall not be affected thereby. If the application of the Charter or any of its provisions to any person or circumstance is held invalid, the application of the Charter and its provisions to other persons or circumstances shall not be affected thereby. ---PAGE BREAK--- 23 ATTACHMENT 2 CODE OF ETHICS There are Codes of Ethics both in Montana and local Billings law that apply to City public officials (including Advisory Board members) and City employees. It is important that you review these regulations as your conduct must comply. Most of the rules involve common sense phrased in legal terminology. Because the laws contain some unique restrictions on your conduct, you should familiarize yourself with them. CODE OF ETHICS BILLINGS, MONTANA CITY CODE DIVISION 1. GENERALLY Sec. 2-701. Policy. The public judges its government by the way public officials conduct themselves in the offices to which they are elected or appointed. The people have a right to expect that every public official will conduct himself or herself in a manner that will tend to preserve public confidence in and respect for the government he or she represents. Such confidence and respect can best be promoted if every public official, whether paid or unpaid, and whether elected or appointed, will uniformly: Treat all citizens with courtesy, impartiality, fairness and equality under the law; and, Avoid both actual and potential conflicts between his or her private self-interest and the public interest. Sec. 2-702. Definitions. The terms used in this article are defined as follows: Financial interest means any interest which shall yield, directly or indirectly, a monetary or other material benefit (other than the duly authorized salary or compensation for his or her services to the city) to the official or to any person employing or retaining the services of the official. Official means any person elected to a city office, employed by the city, or appointed to any public office or public body of the city whether paid or unpaid and whether part-time or full- time. Personal interest means any interest arising from blood or marriage relationships or from close business or political association whether or not any financial interest is involved. Public body means any agency, board, body, commission, committee, department or office of the city. Sec. 2-703. Fair and equal treatment. No official shall grant or make available to any member of the public any consideration, treatment, advantage or favor beyond that which is the general practice to grant or make available to the public at large. ---PAGE BREAK--- 24 No official shall use public time, facilities, equipment, supplies, personnel or funds for the official's private business purposes. Sec. 2-704. Conflict of interest. Financial or personal interest. No official, either on his or her own behalf or on behalf of any other person, shall have any financial or personal interest in any business or transaction with any public body unless the official shall first make full public disclosure of the nature and extent of such interest. Disclosure and disqualification. Whenever the performance of his or her official duties shall require any official to deliberate and vote on any matter involving the official's financial or personal interest, the official shall publicly disclose the nature and extent of such interest and disqualify himself or herself from participating in the deliberation as well as in the voting. Incompatible employment. No official shall engage in private employment with, or render services for, any private person who has business transactions with any public body unless the official shall first make full public disclosure of the nature and extent of such employment or services. Private interest. Private interest is a direct or indirect interest of a natural person, partnership, corporation or any other entity including a political entity other than the city or an organization in which the city is affiliated. Sec. 2-705. Representing private interests. No official, whether paid or unpaid, shall appear on behalf of private interests before any public body of the city. An official shall not represent private interests in any action or proceeding against the interests of the city or in any proceeding to which the city is a party. These prohibitions shall not be construed to prevent an official from making inquiries and investigations as provided for in the Charter, nor shall it prevent an official from appearing before any public body of the city to express the official's personal views as a private citizen. Sec. 2-706. Gifts and favors. No official or employee shall accept any gift, whether in the form of money, thing, favor, loan or promise, that is offered to influence an official decision or to produce an official opinion or action. No city official or employee shall accept a cash gift for any reason. Except as provided under previous subsections and a city official or employee may accept a gift or favor of food, merchandise or services whose cash value is less than fifty ($50.00) dollars. Sec. 2-707. Nepotism. No elected official shall appoint or vote for appointment of any person related to the elected official by blood or marriage to any clerkship, office, position, employment or duty, when the salary, wages, pay or compensation is to be paid out of public funds. Sec. 2-708. Sanctions. Resignation. Violation of any provision of this article should raise conscientious questions for the official concerned as to whether voluntary resignation or other action is indicated to promote the best interests of the city. ---PAGE BREAK--- 25 Civil penalty. Violation of any of the provisions of this article, including but not limited to any failure to file disclosures, in addition to any criminal penalty, shall subject the violator to a civil penalty equal to any pecuniary benefits received because of the violation committed. The civil penalty in this subsection shall be recoverable by, and accrue to, the city in a civil action brought by the city. Criminal penalty. Any official who shall violate any provision of this article shall be subject, upon conviction in a court of competent jurisdiction, to the penalty prescribed in section 1-110. Sec. 2-709. Forfeiture of office. Recovery of pecuniary benefits under section 2-708(b) or criminal conviction under section 2- 708(c) shall conclusively determine that the city official lacks qualifications for office and is subject to forfeiture of office as prescribed in section 3.09(b) of the Charter. DIVISION 2. BOARD OF ETHICS* Sec. 2-721. Created. There is hereby created a board of ethics. Sec. 2-722. Composition, appointment. The board of ethics shall consist of five persons who shall hold no other office or employment under the city. Such members shall be required to be residents of the city. The mayor shall appoint the members of the board with the consent of the council. Sec. 2-723. Organization; rules. The members of the board of ethics shall elect a chairperson annually. Sec. 2-724. Review of allegations. Any allegations that a city official has violated any part of this article may be referred in writing to any member of the board of ethics who shall then request the board to convene for the purpose of reviewing the allegation. If reasonable grounds are found by the board, it may call a hearing to dispose of the allegation. In addition, the board may hold a hearing after its own investigation if it finds that a person has failed to comply with the provisions of this article. Sec. 2-725. Hearings. All hearings of the board of ethics shall be conducted as follows: A city official shall have the right of representation by counsel. The board of ethics shall receive evidence from the city official alleged to have violated any section or sections of this Code, or from any person the accused city official feels may assist in such city official's defense, from the party accusing such city official and from any other person as the board deems necessary. The board may request any witness to appear before them at a fixed time or to produce any records or documents required by the board. The city attorney shall assign counsel to the board. ---PAGE BREAK--- 26 Sec. 2-726. Decisions. The board of ethics, upon completion of any hearing, shall render a decision in writing to the city attorney and the party involved within fifteen (15) days, either determining no violation occurred, recommending prosecution, or setting forth requirements to be complied with in order that voluntary compliance may be had and final determination obtained. CODE OF ETHICS MONTANA CODE ANNOTATED Sections Applicable to Billings Advisory Board Members 2-2-101 Statement of purpose. The purpose of this part is to set forth a code of ethics prohibiting conflict between public duty and private interest as required by the constitution of Montana. This code recognizes distinctions between legislators, other officers and employees of state government, and officers and employees of local government and prescribes some standards of conduct common to all categories and some standards of conduct adapted to each category. The provisions of this part recognize that some actions are conflicts per se between public duty and private interest while other actions may or may not pose such conflicts depending upon the surrounding circumstances. 2-2-102 Definitions. As used in this part, the following definitions apply: "Business" includes a corporation, partnership, sole proprietorship, trust or foundation, or any other individual or organization carrying on a business, whether or not operated for profit. "Compensation" means any money or economic benefit conferred on or received by any person in return for services rendered or to be rendered by the person or another. "Gift of substantial value" means a gift with a value of $ 50 or more for an individual. The term does not include: a gift that is not used and that, within 30 days after receipt, is returned to the donor or delivered to a charitable organization or the state and that is not claimed as a charitable contribution for federal income tax purposes; (ii) food and beverages consumed on the occasion when participation in a charitable, civic, or community event bears a relationship to the public officer's or public employee's office or employment or when the officer or employee is in attendance in an official capacity; (iii) educational material directly related to official governmental duties; (iv) an award publicly presented in recognition of public service; or ---PAGE BREAK--- 27 educational activity that: does not place or appear to place the recipient under obligation; clearly serves the public good; and is not lavish or extravagant. "Local government" means a county, a consolidated government, an incorporated city or town, a school district, or a special district. "Official act" or "official action" means a vote, decision, recommendation, approval, disapproval, or other action, including inaction, that involves the use of discretionary authority. "Private interest" means an interest held by an individual that is: an ownership interest in a business; a creditor interest in an insolvent business; an employment or prospective employment for which negotiations have begun; an ownership interest in real property; a loan or other debtor interest; or a directorship or officership in a business. "Public employee" means: any temporary or permanent employee of the state; any temporary or permanent employee of a local government; a member of a quasi-judicial board or commission or of a board, commission, or committee with rulemaking authority; and a person under contract to the state. "Public officer" includes any state officer and any elected officer of a local government. "Special district" means a unit of local government, authorized by law to perform a single function or a limited number of functions. The term includes but is not limited to conservation districts, water districts, weed management districts, irrigation districts, fire districts, community college districts, hospital districts, sewer districts, and transportation districts. The term also includes any district or other entity formed by interlocal agreement. (10) "State agency" includes: the state; (ii) the legislature and its committees; ---PAGE BREAK--- 28 (iii) all executive departments, boards, commissions, committees, bureaus, and offices; (iv) the university system; and all independent commissions and other establishments of the state government. The term does not include the judicial branch. (11) "State officer" includes all elected officers and directors of the executive branch of state government as defined in 2-15-102. 2-2-103 Public trust public duty. The holding of public office or employment is a public trust, created by the confidence that the electorate reposes in the integrity of public officers, legislators, and public employees. A public officer, legislator, or public employee shall carry out the individual's duties for the benefit of the people of the state. A public officer, legislator, or public employee whose conduct departs from the person's public duty is liable to the people of the state and is subject to the penalties provided in this part for abuse of the public's trust. This part sets forth various rules of conduct, the transgression of any of which is a violation of public duty, and various ethical principles, the transgression of any of which must be avoided. The enforcement of this part for: state officers, legislators, and state employees is provided for in 2-2-136; (ii) legislators, involving legislative acts, is provided for in 2-2-135 and for all other acts is provided for in 2-2-136; (iii) local government officers and employees is provided for in 2-2-144. Any money collected in the civil actions that is not reimbursement for the cost of the action must be deposited in the general fund of the unit of government. 2-2-104 Rules of conduct for public officers, legislators, and public employees. Proof of commission of any act enumerated in this section is proof that the actor has breached the actor's public duty. A public officer, legislator, or public employee may not: disclose or use confidential information acquired in the course of official duties in order to further substantially the individual's personal economic interests; or accept a gift of substantial value or a substantial economic benefit tantamount to a gift: 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 ---PAGE BREAK--- 29 duties; or (ii) 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. An economic benefit tantamount to a gift includes without limitation a loan at a rate of interest substantially lower than the commercial rate then currently prevalent for similar loans and compensation received for private services rendered at a rate substantially exceeding the fair market value of the services. Campaign contributions reported as required by statute are not gifts or economic benefits tantamount to gifts. Except as provided in subsection a public officer, legislator, or public employee may not receive salaries from two separate public employment positions that overlap for the hours being compensated, unless: the public officer, legislator, or public employee reimburses the public entity from which the employee is absent for the salary paid for performing the function from which the officer, legislator, or employee is absent; or (ii) the public officer's, legislator's, or public employee's salary from one employer is reduced by the amount of salary received from the other public employer in order to avoid duplicate compensation for the overlapping hours. Subsection does not prohibit: a public officer, legislator, or public employee from receiving income from the use of accrued leave or compensatory time during the period of overlapping employment; or (ii) a public school teacher from receiving payment from a college or university for the supervision of student teachers who are enrolled in a teacher education program at the college or university if the supervision is performed concurrently with the school teacher's duties for a public school district. In order to determine compliance with this subsection a public officer, legislator, or public employee subject to this subsection shall disclose the amounts received from the two separate public employment positions to the commissioner of political practices. 2-2-105 Ethical requirements for public officers and public employees. The requirements in this section are intended as rules of conduct, and violations constitute a breach of the public trust and public duty of office or employment in state or local government. Except as provided in subsection a public officer or public employee may not acquire an interest in any business or undertaking that the officer or employee has reason to believe may be directly and substantially affected to its economic benefit by official action to be taken by the officer's or employee's agency. A public officer or public employee may not, within 12 months following the ---PAGE BREAK--- 30 voluntary termination of office or employment, obtain employment in which the officer or employee will take direct advantage, unavailable to others, of matters with which the officer or employee was directly involved during a term of office or during employment. These matters are rules, other than rules of general application, that the officer or employee actively helped to formulate and applications, claims, or contested cases in the consideration of which the officer or employee was an active participant. When a public employee who is a member of a quasi-judicial board or commission or of a board, commission, or committee with rulemaking authority is required to take official action on a matter as to which the public employee has a conflict created by a personal or private interest that would directly give rise to an appearance of impropriety as to the public employee's influence, benefit, or detriment in regard to the matter, the public employee shall disclose the interest creating the conflict prior to participating in the official action. A public officer or public employee may not perform an official act directly and substantially affecting a business or other undertaking to its economic detriment when the officer or employee has a substantial personal interest in a competing firm or undertaking. 2-2-106 Disclosure. Prior to December 15 of each even-numbered year, each state officer or holdover senator shall file with the commissioner of political practices a business disclosure statement on a form provided by the commissioner. An individual filing pursuant to subsection or is not required to file under this subsection during the same period. Each candidate for a statewide or a state office elected from a district shall, within 5 days of the time that the candidate files for office, file a business disclosure statement with the commissioner of political practices on a form provided by the commissioner. An individual appointed to office who would be required to file under subsection or is required to file the business disclosure statement at the earlier of the time of submission of the person's name for confirmation or the assumption of the office. The statement must provide the following information: the name, address, and type of business of the individual; each present or past employing entity from which benefits, including retirement benefits, are currently received by the individual; each business, firm, corporation, partnership, and other business or professional entity or trust in which the individual holds an interest; each entity not listed under subsections through in which the individual is an officer or director, regardless of whether or not the entity is organized for profit; and ---PAGE BREAK--- 31 all real property, other than a personal residence, in which the individual holds an interest. Real property may be described by general description. An individual may not assume or continue to exercise the powers and duties of the office to which that individual has been elected or appointed until the statement has been filed as provided in subsection The commissioner of political practices shall make the business disclosure statements available to any individual upon request. 2-2-111 Rules of conduct for legislators. Proof of commission of any act enumerated in this section is proof that the legislator committing the act has breached the legislator's public duty. A legislator may not: accept a fee, contingent fee, or any other compensation, except the official compensation provided by statute, for promoting or opposing the passage of legislation; seek other employment for the legislator or solicit a contract for the legislator's services by the use of the office; or accept a fee or other compensation, except as provided for in 5-2-302, from a Montana state agency or a political subdivision of the state of Montana for speaking to the agency or political subdivision. 2-2-112 Ethical requirements for legislators. The requirements in this section are intended as rules for legislator conduct, and violations constitute a breach of the public trust of legislative office. A legislator has a responsibility to the legislator's constituents to participate in all matters as required in the rules of the legislature. A legislator concerned with the possibility of a conflict may briefly present the facts to the committee of that house that is assigned the determination of ethical issues. The committee shall advise the legislator as to whether the legislator should disclose the interest prior to voting on the issue pursuant to the provisions of subsection The legislator may, subject to legislative rule, vote on an issue on which the legislator has a conflict, after disclosing the interest. When a legislator is required to take official action on a legislative matter as to which the legislator has a conflict created by a personal or private interest that would directly give rise to an appearance of impropriety as to the legislator's influence, benefit, or detriment in regard to the legislative matter, the legislator shall disclose the interest creating the conflict prior to participating in the official action, as provided in subsections and and the rules of the legislature. In making a decision, the legislator shall consider: whether the conflict impedes the legislator's independence of judgment; the effect of the legislator's participation on public confidence in the integrity of the legislature; ---PAGE BREAK--- 32 whether the legislator's participation is likely to have any significant effect on the disposition of the matter; and whether a pecuniary interest is involved or whether a potential occupational, personal, or family benefit could arise from the legislator's participation. A conflict situation does not arise from legislation or legislative duties affecting the membership of a profession, occupation, or class. A legislator shall disclose an interest creating a conflict, as provided in the rules of the legislature. A legislator who is a member of a profession, occupation, or class affected by legislation is not required to disclose an interest unless the class contained in the legislation is so narrow that the vote will have a direct and distinctive personal impact on the legislator. A legislator may seek a determination from the appropriate committee provided for in 2-2-135. 2-2-121 Rules of conduct for public officers and public employees. Proof of commission of any act enumerated in subsection is proof that the actor has breached a public duty. A public officer or a public employee may not: subject to subsection use public time, facilities, equipment, supplies, personnel, or funds for the officer's or employee's private business purposes; engage in a substantial financial transaction for the officer's or employee's private business purposes with a person whom the officer or employee inspects or supervises in the course of official duties; assist any person for a fee or other compensation in obtaining a contract, claim, license, or other economic benefit from the officer's or employee's agency; assist any person for a contingent fee in obtaining a contract, claim, license, or other economic benefit from any agency; perform an official act directly and substantially affecting to its economic benefit a business or other undertaking in which the officer or employee either has a substantial financial interest or is engaged as counsel, consultant, representative, or agent; or solicit or accept employment, or engage in negotiations or meetings to consider employment, with a person whom the officer or employee regulates in the course of official duties without first giving written notification to the officer's or employee's supervisor and department director. Except as provided in subsection a public officer or public employee may not use public time, facilities, equipment, supplies, personnel, or funds to solicit support for or opposition to any political committee, the nomination or election of any person to public office, or the passage of a ballot issue unless the use is: ---PAGE BREAK--- 33 authorized by law; or (ii) properly incidental to another activity required or authorized by law, such as the function of an elected public officer, the officer's staff, or the legislative staff in the normal course of duties. As used in this subsection "properly incidental to another activity required or authorized by law" does not include any activities related to solicitation of support for or opposition to the nomination or election of a person to public office or political committees organized to support or oppose a candidate or candidates for public office. With respect to ballot issues, properly incidental activities are restricted to: the activities of a public officer, the public officer's staff, or legislative staff related to determining the impact of passage or failure of a ballot issue on state or local government operations; (ii) in the case of a school district, as defined in Title 20, chapter 6, compliance with the requirements of law governing public meetings of the local board of trustees, including the resulting dissemination of information by a board of trustees or a school superintendent or a designated employee in a district with no superintendent in support of or opposition to a bond issue or levy submitted to the electors. Public funds may not be expended for any form of commercial advertising in support of or opposition to a bond issue or levy submitted to the electors. This subsection is not intended to restrict the right of a public officer or public employee to express personal political views. A candidate, as defined in 13-1-101(6)(a), may not use or permit the use of state funds for any advertisement or public service announcement in a newspaper, on radio, or on television that contains the candidate's name, picture, or voice except in the case of a state or national emergency and then only if the announcement is reasonably necessary to the candidate's official functions. A public officer or public employee may not participate in a proceeding when an organization, other than an organization or association of local government officials, of which the public officer or public employee is an officer or director is: involved in a proceeding before the employing agency that is within the scope of the public officer's or public employee's job duties; or attempting to influence a local, state, or federal proceeding in which the public officer or public employee represents the state or local government. A public officer or public employee may not engage in any activity, including lobbying, as defined in 5-7-102, on behalf of an organization, other than an organization or association of local government officials, of which the public officer or public employee is a member while performing the public officer's or public employee's job duties. The provisions of this subsection do not prohibit a public officer or public employee from performing charitable fundraising activities if approved by the public officer's or public employee's supervisor or authorized by law. ---PAGE BREAK--- 34 A listing by a public officer or a public employee in the electronic directory provided for in 30-17-101 of any product created outside of work in a public agency is not in violation of subsection of this section. The public officer or public employee may not make arrangements for the listing in the electronic directory during work hours. A department head or a member of a quasi-judicial or rulemaking board may perform an official act notwithstanding the provisions of subsection if participation is necessary to the administration of a statute and if the person complies with the disclosure procedures under 2-2-131. Subsection does not apply to a member of a board, commission, council, or committee unless the member is also a full-time public employee. (10) Subsections and do not prevent a member of the governing body of a local government from performing an official act when the member's participation is necessary to obtain a quorum or to otherwise enable the body to act. The member shall disclose the interest creating the appearance of impropriety prior to performing the official act. 2-2-131 Disclosure. A public officer or public employee shall, prior to acting in a manner that may impinge on public duty, including the award of a permit, contract, or license, disclose the nature of the private interest that creates the conflict. The public officer or public employee shall make the disclosure in writing to the commissioner of political practices, listing the amount of private interest, if any, the purpose and duration of the person's services rendered, if any, and the compensation received for the services or other information that is necessary to describe the interest. If the public officer or public employee then performs the official act involved, the officer or employee shall state for the record the fact and summary nature of the interest disclosed at the time of performing the act. 2-2-144 Enforcement for local government. Except as provided in subsections and a person alleging a violation of this part by a local government officer or local government employee shall notify the county attorney of the county where the local government is located. The county attorney shall request from the complainant or the person who is the subject of the complaint any information necessary to make a determination concerning the validity of the complaint. If the county attorney determines that the complaint is justified, the county attorney may bring an action in district court seeking a civil fine of not less than $ 50 or more than $ 1,000. If the county attorney determines that the complaint alleges a criminal violation, the county attorney shall bring criminal charges against the officer or employee. If the county attorney declines to bring an action under this section, the person alleging a violation of this part may file a civil action in district court seeking a civil fine of not less than $ 50 or more than $ 1,000. In an action filed under this subsection, the court may assess the costs and attorney fees against the person bringing the charges if the court determines that a violation did not occur or against the officer or employee if the court determines that a violation did occur. The court may impose sanctions if the court ---PAGE BREAK--- 35 determines that the action was frivolous or intended for harassment. The employing entity of a local government employee may take disciplinary action against an employee for a violation of this part. A local government may establish a three-member panel to review complaints alleging violations of this part by officers or employees of the local government. The local government shall establish procedures and rules for the panel. The members of the panel may not be officers or employees of the local government. The panel shall review complaints and may refer to the county attorney complaints that appear to be substantiated. If the complaint is against the county attorney, the panel shall refer the matter to the commissioner of political practices and the complaint must then be processed by the commissioner pursuant to 2-2-136. In a local government that establishes a panel under this subsection a complaint must be referred to the panel prior to making a complaint to the county attorney. If a local government review panel has not been established pursuant to subsection a person alleging a violation of this part by a county attorney shall file the complaint with the commissioner of political practices pursuant to 2-2-136. ---PAGE BREAK--- 36 ATTACHMENT 3 City Attorney Legal Opinions of Interest to Advisory Board Members 1. August 10, 2006, Legal Opinion addressing ballot issue advocacy 2. March 3, 2006, Legal Opinion addressing ex parte communications on quasi-judicial issues ---PAGE BREAK--- 37 ---PAGE BREAK--- 38 ---PAGE BREAK--- 39 ---PAGE BREAK--- 40 ---PAGE BREAK--- 41 ---PAGE BREAK--- 42 ---PAGE BREAK--- 43 ---PAGE BREAK--- 44 ---PAGE BREAK--- 45 ---PAGE BREAK--- 46 ---PAGE BREAK--- 47 ---PAGE BREAK--- 48