Chapter 4

State of Montana Code of Ethics

Employees and officials should understand there are provisions of state law in addition to the city Code of Ethics that apply to employees and officials. State law and the city Code of Ethics prohibit conflict between public duty and private interest as required by the Constitution of Montana. Employees and officials must disclose in writing the nature of any private interest that creates a conflict to the Commissioner of Political Practices based in Helena.

According to state law, a former public employee may not within six months following the termination of employment, contract with or be employed by an employer who contracts with the state or any of its subdivisions (including city governments) involving matters with which the former employee was directly involved during employment. This provision does not absolve an employee from complying with the post employment activities of the city Code of Ethics. State law also requires that employees and officials may not receive a salary from two separate public employment positions that overlap for the hours being compensated.

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

Nepotism

City employees and officials are also subject to state laws regarding nepotism. Nepotism is defined as the “bestowal of political patronage by reason of relationship rather than of merit.” It is unlawful to appoint a person who is related by blood (consanguinity) or marriage (affinity) to any position of “trust or emolument” (meaning any office or employment that results in compensation or privilege) within certain degrees of relationship. While state law related to nepotism applies only to these relationships, the appearance of favoritism with regard to friends or acquaintances of employees or officials can also be a hindrance to the public’s trust in city government.

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

Penalties and Inquiries

Employees and officials should understand that a violation of the city or state Code of Ethics could lead to disciplinary action including termination, removal from office, or even criminal sanctions. If a city employee or official has a question about a potential ethics issue, impropriety, or violation, depending on the employee’s or official’s position and the nature of the issue, he/she should consult with his/her supervisor, Human Resources Department, or seek the advice of the City Attorney. Any member of the public may also request a formal or informal City Attorney opinion with respect to the ethical conduct of an employee or official. Any member of the public may also file a complaint with the Board of Ethics or may request an ethics opinion from the Board. Written complaints should be filed with the City Clerk.

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