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Commission gives first reading to conflict-of-interest ordinance, lengthens post-employment restriction to two years

2986405 · March 5, 2025
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Summary

The Livingston City Commission on Wednesday approved the first reading of Ordinance 3,057, a new conflict-of-interest policy for commissioners and advisory boards, and amended the draft to lengthen the post-employment restriction to two years.

The Livingston City Commission on Wednesday approved the first reading of Ordinance 3,057, a new conflict-of-interest policy for the commission and the city’s advisory boards. The commission approved the draft with edits including lengthening a post-employment restriction and clarifying the scope of reportable interests.

City staff member Mr. Gager introduced Ordinance 3,057 and said the draft was based on similar policies from other Montana cities. He noted the draft had been revised after earlier commission discussion and that the most notable change from the version reviewed was removal of a provision on post‑service employment in other models.

Commissioners focused discussion on three specific edits. They removed repetitious language that used the phrase “directly or indirectly” twice in the same definition, replaced a proposed six‑month post‑employment restriction with a two‑year restriction for actions tied to a prior employer, and asked staff to add language in the section on contemporary employment to capture outside financial interests — including owners and self‑employed individuals — so the policy covers situations where a commissioner or board member’s business could be affected.

City staff and the commission discussed implementation details: the ordinance applies to commissioners and advisory boards but not to city employees; the restriction is limited to “immediate and direct official actions” affecting a prior employer or financial interest (the text as drafted limits disqualification to such actions rather than barring service entirely). City legal counsel confirmed the commission may set a longer lockout period and that land‑use approvals sometimes require four affirmative votes, which commissioners said affects how frequently exclusion of a single member could change an outcome.

Commissioner Lyons moved and the commission approved the first reading with the edits; the motion carried on a roll call. The chair was authorized to sign the ordinance for first reading. The commission indicated the ordinance could be further amended in a future reading if warranted.

Implementation: staff was directed to incorporate the agreed edits — (1) remove the duplicate phrase “directly or indirectly,” (2) change the prior employment restriction from six months to two years in section 2‑31, and (3) add financial‑interest language to section 2‑32 to capture owners and self‑employed situations. The item advanced as a first reading; final adoption would require a subsequent formal reading and vote.