Livingston commission gives first reading to conflict-of-interest ordinance, extends prior-employment restriction to two years

The Livingston City Commission gave first reading and approved edits to Ordinance 3,057, which would add a conflict-of-interest policy to chapter 2 (Government Administration) of the Livingston Municipal Code.

City staff introduced the ordinance as a policy modeled on other Montana municipal policies. Mr. Gager, a city staff member, told the commission the draft was based on policies reviewed statewide and that the proposal applies to commissioners and advisory boards rather than city employees. The ordinance as drafted originally included a six-month restriction on "prior employment" but commissioners debated lengthening that period.

Commissioners expressed concern that a six-month period could be easily circumvented in situations where financial stakes are high. "I think that's great. It's a good step. It should clarify a lot," one commissioner said of the policy framework. Several commissioners argued for extending the prior-employment restriction. "A year makes it a lot harder, doesn't it?" another commissioner said during the discussion. By consensus on the record, the commission chose to change the prior-employment provision from six months to two years and to add language to cover outside or financial interests so the policy would capture situations where an official owns a business rather than being an employee.

Commissioners also discussed how the policy would interact with land-use votes and the city’s quorum rules. Mr. Gager noted that certain land-use decisions require four affirmative votes under the city code, so removing a voting member for a particular matter could make those actions harder to carry. "There are certain decisions and actions of the city commission that require four affirmative votes ... rezonings are one of those," he said, calling attention to the practical effects of recusal on matters that require supermajorities.

The commission approved the first reading with the edits (removing a repetitive phrase in section text, extending the prior-employment restriction to two years, and clarifying that financial or outside interests are covered) and authorized the chair to sign. The ordinance will return for a subsequent reading as required by the city’s ordinance-adoption process.

Votes at a glance: Motion to approve the first reading of Ordinance 3,057 with the edits described — motion passed by roll call vote (4–0).