Chapter 2

Standards of Conduct

Standards of conduct refer to the basic legal rules that apply to all employees and officials. These rules are designed to provide practical day-to-day guidance for employees and officials as they fulfill their public duties. The city Code of Ethics states that employees and officials must:

• act morally and honestly in discharging their responsibilities,
• discharge their duties impartially and fairly, and,
• not use their position to secure any financial interest or personal interest, improperly influence any other official or employee in the performance of official duties, or act in a private capacity on matters for which they are directly responsible.

For example, employees and officials are not permitted the use of city-owned vehicles, equipment, material, or the use of other city resources for personal use. In addition, no city automobile can be used by a city employee or official going to or from home, except when such use is for the benefit of the city, such as when an employee is on call outside of the employee’s working hours.

Quick Links:
City of Bozeman Ethics Handbook, version 4
City of Bozeman Code of Ethics
Montana Code Annotated, Code of Ethics

Conflicts of Interest and Confidential Information

A conflict of interest can be either financial or personal. A financial interest is defined as any interest (such as ownership, a contractual relationship, or a business relationship), which will result in a monetary or other material benefit that has a value of more than fifteen dollars, other than salary or compensation, for services to the city. A personal interest is any interest that would affect the action of the individual other than a financial interest. In general, no city official or employee shall have any financial or personal interest in any transaction with the city without full public disclosure.

City officials or employees are not, without legal authority, permitted to disclose confidential information concerning personnel, property, government, or affairs of the city. Confidential information is any information which is not available to the general public and which is obtained only through an individual’s position with the city. City officials or employees are not permitted to use confidential information to advance their own financial or personal interest or the financial or personal interests of any other person.

Quick Links:
City of Bozeman Ethics Handbook, version 4
City of Bozeman Code of Ethics
Montana Code Annotated, Code of Ethics

Gifts

City officials or employees are not permitted to accept a gift, gratuity, or favor from any person or entity: (1) that would tend improperly to influence a reasonable person in the person's position to depart from the faithful and impartial discharge of the person's public duties; (2) that the person knows or that a reasonable person in that position should know under the circumstances is primarily for the purpose of rewarding the person for official action taken; or (3) has a value of $100.00 or more for an individual.

Gifts that are valued between $25 and $100 may be accepted so long as the gift is provided incidental to and in conjunction with a public event where the official or employee’s attendance is in fulfillment with their official duties, and so long as the gift is not for influencing or rewarding as described in (1) and (2) above.  However, the employee or official accepting this gift must file a public disclosure statement with the Board of Ethics that indicates the gift, its estimated value, the person or entity making the gift, the relationship to the employee or official and the date of the gift.

Gifts valued at less that $25 may be accepted so long as the gift is not for influencing or rewarding as described in (1) and (2) above. 

The following are not considered gifts and may be accepted under the city’s ethics code:  (a) items or services provided to an employee or official in their private capacity and without relationship to their employment or official position; (b) a prize received upon a random drawing at an event where the official or employee attends in their capacity as an employee or official, the drawing is open to all attendees, and receipt of the prize does not place the official or employee under obligation; (c) an award publically presented to an employee or official in recognition of public service; and (d) compensation for officiating at a ceremony.

City officials and employees are also subject to the separate Montana state law on gifts. 

Quick Links:
City of Bozeman Ethics Handbook, version 4
City of Bozeman Code of Ethics
Montana Code Annotated, Code of Ethics