City of Town And Country, MO
St. Louis County
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Table of Contents
Table of Contents

Section 120.010 Title.

[Code 1975 §22.01(A); CC 1989 §2-56; Ord. No. 2532 §1, 11-28-2000; Ord. No. 3362, 8-11-2008; Ord. No. 3541 §1, 9-13-2010; Ord. No. 3691 §1, 8-27-2012; Ord. No. 3834 §1, 9-8-2014]
This Chapter shall be known and may be cited as "The Code of Ethics of the City of Town and Country, Missouri".

Section 120.020 Declaration of Policy.

[Code 1975 §22.01(B); CC 1989 §2-57; Ord. No. 2532 §1, 11-28-2000; Ord. No. 3362, 8-11-2008; Ord. No. 3541 §1, 9-13-2010; Ord. No. 3691 §1, 8-27-2012; Ord. No. 3834 §1, 9-8-2014]
The operation of democratic government requires that elected officials, employees and members of boards and commissions be independent, impartial and responsible to the people, recognize that the public interest is their primary concern and faithfully discharge their official duties regardless of personal considerations; that government decisions and policy be made in proper channels of the governmental structure; that public office not be used for personal gain or the perception of personal gain; and that the public have confidence in the integrity of its government. In recognition of these goals, a Code of Ethics for all elected officials, employees and members of boards and commissions is adopted.

Section 120.030 Purpose.

[Code 1975 §22.01(C); CC 1989 §2-58; Ord. No. 2532 §1, 11-28-2000; Ord. No. 3362, 8-11-2008; Ord. No. 3541 §1, 9-13-2010; Ord. No. 3691 §1, 8-27-2012; Ord. No. 3834 §1, 9-8-2014]
The purpose of this Code is to establish guidelines for ethical standards of conduct for all such elected officials, employees and members of boards and commissions by setting forth those acts or actions that are incompatible with the best interests of the City and by directing disclosure by such elected officials, employees and members of boards and commissions of personal interest in matters affecting the City.

Section 120.040 Definitions. [1]

[Code 1975 §22.02; CC 1989 §2-59; Ord. No. 2532 §1, 11-28-2000; Ord. No. 3362, 8-11-2008; Ord. No. 3541 §1, 9-13-2010; Ord. No. 3691 §1, 8-27-2012; Ord. No. 3834 §1, 9-8-2014]
For the purpose of this Chapter, certain words and phrases are herein defined and they shall be given the defined meaning:
BUSINESS ENTITY
Any business, proprietorship, firm, partnership, person in representative or fiduciary capacity, association, venture, trust or corporation.
ELECTED OFFICIAL
Any person holding a position by election in the service of the City for which such person receives compensation.
EMPLOYEE
Any person holding a position by appointment or employment in the service of the City for which such person receives compensation. An independent contractor shall not be considered an employee (determined by the civil law method).
FINANCIAL INTEREST
Direct or indirect pecuniary or material benefit to an elected official, employee or public commissioner as a result of a transaction which is or may be the subject of an official act or action by or with the City except for such transactions which by their terms and by the substance of their provisions confer the opportunity and right to realize the accrual of similar benefits to all other persons and/or property similarly situated. For the purposes of this Chapter, an elected official, employee or public commissioner shall be deemed to have an interest in the affairs of:
1. 
Any person related to him/her by blood or marriage in a degree closer than second degree of consanguinity or affinity (determined by the civil law method), and a divorce or separation between spouses shall not be deemed to terminate any such relationship;
2. 
Any person or business entity with whom a contractual relationship exists with the elected official, employee or public commissioner;
3. 
Any business entity in which the elected official, employee or public commissioner is an officer, director or member having a financial interest in, or employed by;
4. 
Any business entity in which the stock of, or legal or beneficial ownership thereof, in excess of five percent (5%) of the total stock or total legal and beneficial ownership, is controlled or owned directly or indirectly by the elected official, employee or public commissioner.
OFFICIAL ACT OR ACTION
Any legislative, administrative, appointive or discretionary act of any elected official, employee or public commissioner.
PUBLIC COMMISSIONER
Any person who is the unpaid member of any board, committee or commission of the City.
SUBSTANTIAL INTEREST
Ownership by the individual, the individual's spouse, or the individual's dependent children, whether singularly or collectively, directly or indirectly, of ten percent (10%) or more of any business entity, or of an interest having a value of ten thousand dollars ($10,000.00) or more, or the receipt by an individual, the individual's spouse or the individual's dependent children, whether singularly or collectively, of a salary, gratuity, or other compensation or remuneration of five thousand dollars ($5,000.00), or more, per year from any individual, partnership, organization, or association within any calendar year.
SUBSTANTIAL PERSONAL OR PRIVATE INTEREST IN ANY MEASURE, BILL, ORDER OR ORDINANCE
Any interest in a measure, bill, order or ordinance which results from a substantial interest in a business entity.
SUPPLIER
Any person, organization, club, company, political entity, corporation or other business entity which provides or seeks to provide the City with goods, services, merchandise, equipment, office supplies or any other item necessary for the good and proper functioning of the City government.
[1]
Cross Reference — Definitions and rules of construction generally, §100.030.

Section 120.050 Chapter To Constitute Code of Ethics.

[Code 1975 §22.03; CC 1989 §2-60; Ord. No. 2532 §1, 11-28-2000; Ord. No. 3362, 8-11-2008; Ord. No. 3541 §1, 9-13-2010; Ord. No. 3691 §1, 8-27-2012; Ord. No. 3834 §1, 9-8-2014]
The requirements set forth in this Chapter shall constitute a Code of Ethics establishing reasonable standards and guidelines for the ethical conduct of elected officials, employees and public commissioners of the City.

Section 120.060 Prohibited Interest.

[Code 1975 §22.01(D)(1); CC 1989 §2-61; Ord. No. 2532 §1, 11-28-2000; Ord. No. 3362, 8-11-2008; Ord. No. 3541 §1, 9-13-2010; Ord. No. 3691 §1, 8-27-2012; Ord. No. 3834 §1, 9-8-2014]
A. 
No elected official, employee or member of a board or commission of the City shall have a financial interest, direct or indirect, in any contract with the City or be financially interested, directly or indirectly, in the sale or lease to the City of any land, materials, supplies, equipment or services. Any violation of this Section shall render the contract voidable by the City and the person violating this Section shall forfeit his/her office or employment and be subject to such additional penalties as may be provided by ordinance.
B. 
No elected official, employee or member of a board or commission of the City shall engage in any business or transaction or shall have a financial or other personal interest, direct or indirect, which is incompatible with the proper discharge of his/her official duties in the public interest or would tend to impair his/her independence of judgment or action in the performance of his/her official duties.
C. 
An elected official, employee or member of a board or commission who has a personal interest in any City legislation shall disclose on the records of the Board of Aldermen the nature and extent of such interest.

Section 120.070 Political Solicitations.

[Code 1975 §22.01(D)(2); CC 1989 §2-62; Ord. No. 2532 §1, 11-28-2000; Ord. No. 3362, 8-11-2008; Ord. No. 3541 §1, 9-13-2010; Ord. No. 3691 §1, 8-27-2012; Ord. No. 3834 §1, 9-8-2014]
No elected official, employee or member of a board or commission shall directly or indirectly solicit, receive or be in any manner concerned in soliciting, obtaining or receiving any monetary contribution or assistance, financial or otherwise, for any political purpose whatsoever from any employee of the City.

Section 120.080 Prohibited Interest in Transaction.

[Code 1975 §22.03(A); CC 1989 §2-63; Ord. No. 2532 §1, 11-28-2000; Ord. No. 3362, 8-11-2008; Ord. No. 3541 §1, 9-13-2010; Ord. No. 3691 §1, 8-27-2012; Ord. No. 3834 §1, 9-8-2014]
A. 
No elected official or employee with respect to any transaction which is or may be the subject of an official act or action of the City; and no public commissioner having the power or duty to perform an official act or action related to a transaction which is or may be the subject of an official act or action of the City shall:
1. 
Have a financial interest, direct or indirect, in any contract with the City or be financially interested, directly or indirectly, in the sale or lease to the City of any land, materials, supplies, equipment or services. Any person violating this Section shall forfeit his/her appointment or commission and be subject to such additional penalties as may be provided by law;
2. 
Have an interest in any business entity representing, advising or appearing on behalf of, whether paid or unpaid, any person involved in such transaction;
3. 
Have solicited or accepted present or future employment or rendered services with a person or business entity involved in such transaction when such employment or service is incompatible with the proper discharge of his/her official duties;
4. 
Have solicited, accepted or granted a future valuable gift, favor, service or thing of value from a person involved in such transaction; or
5. 
Have encouraged, made or accepted any ex parte or unilateral application or communication where a determination is to be made after a public hearing and such elected official, employee or public commissioner fails to make the contents of the communication a part of the record.

Section 120.090 Preacquisition of Interest.

[Code 1975 §22.03(B); CC 1989 §2-64; Ord. No. 2532 §1, 11-28-2000; Ord. No. 3362, 8-11-2008; Ord. No. 3541 §1, 9-13-2010; Ord. No. 3691 §1, 8-27-2012; Ord. No. 3834 §1, 9-8-2014]
No elected official, employee or public commissioner with respect to any transaction which is or may be the subject of an official act or action of the City shall acquire an interest in such transaction at a time when the elected official, employee or public commissioner believes or has reason to believe that such transaction will be affected by an official act or action of the City.

Section 120.100 Disclosure of Information.

[Code 1975 §22.03(C); CC 1989 §2-65; Ord. No. 2532 §1, 11-28-2000; Ord. No. 3362, 8-11-2008; Ord. No. 3541 §1, 9-13-2010; Ord. No. 3691 §1, 8-27-2012; Ord. No. 3834 §1, 9-8-2014]
No elected official, employee or public commissioner with respect to any transaction which is or may be the subject of an official act or action of the City, shall, without proper legal authorization, disclose confidential information concerning the property, government or affairs of the City, or use such information to advance the financial or other private interest of himself/herself or others.

Section 120.110 Incompatible Service.

[Code 1975 §22.03(D); CC 1989 §2-66; Ord. No. 2532 §1, 11-28-2000; Ord. No. 3362, 8-11-2008; Ord. No. 3541 §1, 9-13-2010; Ord. No. 3691 §1, 8-27-2012; Ord. No. 3834 §1, 9-8-2014]
A. 
No elected official, employee, or public commissioner shall engage in or accept private employment or render service for private interest, when such employment or service is incompatible with the proper discharge of his/her official duties or would tend to impair his/her independence of judgment or action in the performances of his/her official duties.
B. 
No elected official, employee, or public commissioner shall, in the course of dealing with any vendor, subcontractor, contractor or service provider of the City, use his or her office to further or aid his or her self-interest, either political or personal.
C. 
Any written complaint filed against any elected or appointed official of the City of Town and Country for violation of Section 120.110(B) shall be referred to the City Attorney for investigation. The City Attorney shall report his findings to the Board of Aldermen. A finding by the Board of Aldermen that any such official has used his or her position for their own self-interest shall be considered "cause" sufficient to remove such elected or appointed official from office pursuant to Section 79.240 RSMo.
D. 
Nothing contained in this Section shall preclude imposition of sanctions or penalties otherwise contained in the Town and Country City Code or the Revised Statutes of Missouri.
E. 
As used in the Section, self-interest is defined as any interest which accrues to the benefit of an elected official, employee or public commissioner beyond that which would be expected to accrue as a result of the lawful exercise of his or her official duties.

Section 120.120 Appearances.

[Code 1975 §22.03(E); CC 1989 §2-67; Ord. No. 2532 §1, 11-28-2000; Ord. No. 3362, 8-11-2008; Ord. No. 3541 §1, 9-13-2010; Ord. No. 3691 §1, 8-27-2012; Ord. No. 3834 §1, 9-8-2014]
No elected official, employee or public commissioner shall appear on behalf of any private person, other than himself/herself, his/her spouse or minor children, before any City agency, board, commission or Municipal Court, and no such elected official, employee or public commissioner shall represent private interests, in any action or proceeding against the interest of the City, in any litigation to which the City is a party, or in any action or proceeding in the Municipal Court in which the City, or any agency or any officer or employee of the City in the course of his/her duties, is a complainant. However, a member of the Board of Aldermen may appear before City agencies on behalf of his/her constituents in the course of his/her duties as representative of the electorate or in the performance of public or civic obligations.

Section 120.130 (Reserved) [1]

[1]
Editor's Note — Ord. no. 2532 §1, adopted November 28, 2000, amended this entire ch. 120, removing prior section 120.130, which concerned "Later case interest" and derived from Code 1975 §22.03(F) and CC 1989 §2-68. The editors have left this section reserved for future use.

Section 120.140 Public Contracts.

[Code 1975 §22.03(G); CC 1989 §2-69; Ord. No. 2532 §1, 11-28-2000; Ord. No. 3362, 8-11-2008; Ord. No. 3541 §1, 9-13-2010; Ord. No. 3691 §1, 8-27-2012; Ord. No. 3834 §1, 9-8-2014]
No elected official, employee or public commissioner who, in his/her capacity as such, participates in the making of a contract in which he/she has a private pecuniary interest, direct or indirect, or performs in regard to that contract some function requiring the exercise of discretion on his/her part, shall enter into any contract with the City.

Section 120.150 Misuse of City Property and Personnel Prohibited.

[Code 1975 §22.01(D)(3); CC 1989 §2-70; Ord. No. 2532 §1, 11-28-2000; Ord. No. 2564 §1, 3-13-2001; Ord. No. 3362, 8-11-2008; Ord. No. 3541 §1, 9-13-2010; Ord. No. 3691 §1, 8-27-2012; Ord. No. 3834 §1, 9-8-2014]
A. 
Except as provided in Subsection (B) hereof, no elected official, employee or member of a board or commission shall request or permit the use of City-owned or leased vehicles, equipment, materials or property for any purpose except the conduct of City business and no elected official, employee or member of a board or commission shall, directly or indirectly, attempt to obtain any service or benefit from City personnel for the personal affairs of such elected official, employee or member of a board or commission.
B. 
Subsection (A) hereof shall not apply to City employees who are permanently assigned City vehicles as a part of their employment arrangement with the City or to City employees who are assigned cell phones permanently for their use as a part of their employment with the City; except, however, any City employee so assigned a cell phone shall be responsible for personal usage of any cell phone in excess of the minimum contract payment for said cell phone.

Section 120.160 Special Treatment.

[Code 1975 §22.03(I); CC 1989 §2-71; Ord. No. 2532 §1, 11-28-2000; Ord. No. 3362, 8-11-2008; Ord. No. 3541 §1, 9-13-2010; Ord. No. 3691 §1, 8-27-2012; Ord. No. 3834 §1, 9-8-2014]
No elected official, employee or public commissioner shall grant any special consideration, treatment or advantage to any citizen beyond that which is available to every other citizen and shall give fair and equal treatment to every citizen. No member of an elected official's immediate family, as outlined in Section 120.040, "Definitions", may be employed by the City, except that this proviso shall not exclude immediate family members from being elected to a City position in accordance with other City ordinances and State Statutes.

Section 120.170 Sales To City.

[Code 1975 §22.03(J); CC 1989 §2-72; Ord. No. 2532 §1, 11-28-2000; Ord. No. 3362, 8-11-2008; Ord. No. 3541 §1, 9-13-2010; Ord. No. 3691 §1, 8-27-2012; Ord. No. 3834 §1, 9-8-2014]
No elected official, employee or public commissioner shall sell or barter anything to the City, or to a contractor to be supplied the City, or purchase anything from the City other than those things which the City offers generally to the public (for example, utility services), and then only on the same terms as are offered to the public.

Section 120.180 Political Activities.

[Code 1975 §22.03(K); CC 1989 §2-73; Ord. No. 2532 §1, 11-28-2000; Ord. No. 3362, 8-11-2008; Ord. No. 3541 §1, 9-13-2010; Ord. No. 3691 §1, 8-27-2012; Ord. No. 3834 §1, 9-8-2014]
No member of the Planning and Zoning Commission or Board of Adjustment shall continue in such position after becoming a candidate for nomination or election to any public office within the City. No employee of a supplier may publicly assist a candidate for City election by going door to door, soliciting votes on election day and other like activities. Members of the Junior Board of Aldermen are encouraged to be involved in the political process, but to refrain from working in City elections for a particular candidate unless the Junior Board member's relationship to the candidate complies with Section 120.040.1 hereof. The City Logo, or a close approximation of said logo shall not be used on any campaign material by any candidate for City office without the prior, express permission of the Board of Aldermen. "Close approximation" is defined using the "reasonable person" approach, i.e., would a reasonable person see the approximation as an infringement on the copyrighted logo.

Section 120.190 Prohibited Acts of Employees.

[CC 1989 §2-74; Ord. No. 2532 §1, 11-28-2000; Ord. No. 3362, 8-11-2008; Ord. No. 3541 §1, 9-13-2010; Ord. No. 3691 §1, 8-27-2012; Ord. No. 3834 §1, 9-8-2014]
A. 
No employee shall continue in such position after becoming a candidate for nomination or election to any public office within the City.
B. 
No employee shall, within the City, solicit any monetary contribution to the campaign funds of any candidate for office or of any political organization, nor shall any employee participate in the campaign of any candidate for City office.

Section 120.200 Distribution of Code of Ethics.

[Code 1975 §22.05; CC 1989 §2-75; Ord. No. 2532 §1, 11-28-2000; Ord. No. 3362, 8-11-2008; Ord. No. 3541 §1, 9-13-2010; Ord. No. 3691 §1, 8-27-2012; Ord. No. 3834 §1, 9-8-2014]
Prior to entering upon the duties of his/her office or employment, each elected official, employee and public commission member shall be furnished a copy of the Code of Ethics by the City Clerk. The City Clerk shall be responsible for obtaining from each elected official, employee and public commissioner his/her signature on a Certificate of Ethical Compliance. The Certificate of Ethical Compliance shall acknowledge that the individual has received and understood the Ethics Section of the City Code, that he/she is in compliance therewith and that he/she will continue to comply with it. The City Clerk shall maintain the original, on file, and provide the elected official, employee and public commission member with a copy of same. Any changes made to the Code of Ethics shall likewise be furnished to and acknowledged by all elected officials, employees and public commissioner members of the City.

Section 120.205 Relations With Suppliers.

[Ord. No. 2532 §1, 11-28-2000; Ord. No. 3362, 8-11-2008; Ord. No. 3541 §1, 9-13-2010; Ord. No. 3691 §1, 8-27-2012; Ord. No. 3834 §1, 9-8-2014]
A. 
No elected official, employee or public commissioner shall receive money or money's worth from a supplier which is doing business or seeking to do business with the City, nor shall they receive gifts, entertainment, or other favors which go beyond the common courtesies usually associated with ethical business practices.
B. 
Accepting an occasional routine business lunch or dinner from a supplier doing business or seeking to do business with the City would not be improper. Tangible gifts or tokens of respect and friendship of nominal value are also acceptable if at infrequent intervals and provided that the receipt of such gifts or tokens would not be regarded as creating an obligation to a supplier who is doing business or seeking to do business with the City.
C. 
No elected official, employee or public commissioner shall solicit directly or indirectly for contributions, prizes, gifts or favors for City employee activities unless the City officially sponsors the activities.
D. 
Any elected official, employee or public commissioner who has any doubt about the application of this or any other Section of the Town and Country Ethics Code shall seek an opinion from the City Attorney regarding any such matter.

Section 120.210 Enforcement.

[Code 1975 §22.04; CC 1989 §2-76; Ord. No. 2532 §1, 11-28-2000; Ord. No. 3362, 8-11-2008; Ord. No. 3541 §1, 9-13-2010; Ord. No. 3691 §1, 8-27-2012; Ord. No. 3834 §1, 9-8-2014]
A. 
The Board of Aldermen, may direct the City Attorney to investigate any apparent violation of this Chapter.
B. 
Any person who believes that a violation of any portion of this Chapter has occurred may file a complaint with the City Attorney or with the Board of Aldermen, who shall thereafter advise the Board of Aldermen of his/her findings.
C. 
Where any elected official, employee or public commissioner has a doubt as to the applicability of any provision of this Code to a particular situation, or as to the definition of terms used herein, he/she may apply to the City Attorney for an advisory opinion. The elected official, employee or public commissioner shall have the opportunity to present his/her interpretation of the facts at issue and of the applicability of provisions of this Chapter before such advisory opinion is made.
D. 
Such opinion, until amended or revoked by the City Attorney or by the direction of the Board of Aldermen, shall be binding on the City, and the City Attorney in any subsequent actions concerning the elected official, employee or public commissioner who sought the opinion and acted on it in good faith, unless material facts were omitted or misstated in the request for the advisory opinion. Such opinion shall not be binding in any action initiated by any private citizen.
E. 
Any advisory opinion prepared by the City Attorney shall be made public. However, the opinion need not identify any party by name unless the Board of Aldermen so directs.
F. 
The provisions of this Chapter may be enforced in any court of competent jurisdiction and, upon conviction of violating or conspiring to violate the provisions hereof, a person shall be punished by a fine of not less than one hundred dollars ($100.00) and not more than five hundred dollars ($500.00). The conviction of any such person of such offense shall operate to automatically terminate his/her service. Any person so removed shall not be reinstated into City service. The conviction of any person of such offense shall automatically disqualify such person from further appointment and employment.

Section 120.220 Compliance With State Conflict of Interest Law.

[CC 1989 §2-77; Ord. No. 1523 §1, 8-12-1991; Ord. No. 1772 §1, 7-11-1994; Ord. No. 1876 §1, 8-14-1995; Ord. No. 1980 §1, 8-12-1996; Ord. No. 2244 §1, 8-10-1998; Ord. No. 2532 §1, 11-28-2000; Ord. No. 3362, 8-11-2008; Ord. No. 3541 §1, 9-13-2010; Ord. No. 3691 §1, 8-27-2012; Ord. No. 3834 §1, 9-8-2014]
A. 
State Conflict Of Interest Law. All elected and appointed officials as well as employees of the City must comply with Section 105.454, RSMo., on conflicts of interest as well as any other State law governing official conduct.
B. 
Interest In Measure, Bill, Or Ordinance To Be Recorded.
1. 
Any member of the Board of Aldermen who has a substantial personal or private interest in any measure, bill, order or ordinance proposed or pending before the Board of Aldermen, shall, before such official passes on the measure, bill, order or ordinance, file a written report of the nature of the interest with the Clerk of the Board of Aldermen and such statement shall be recorded in the appropriate journal or other record of proceedings of the Board of Aldermen.
2. 
Any member of the Board of Aldermen shall be deemed to have complied with the requirements of this Subsection if such official has filed, at any time before the official passes on such measure, bill, order or ordinance, a financial interest statement pursuant to Sections 105.483 to 105.492, RSMo., which discloses the basis for the official's substantial personal or private interest or interests that the official may have therein. Any such person may amend the person's financial interest statement to disclose any subsequently acquired substantial interest at any time before the person passes on any measure, bill, order or ordinance, and shall be relieved of the provisions of Subparagraph (1) of this Subsection.
C. 
Financial Interest Statement. Each official, officer or employee or candidate of the City shall be required to file a financial interest statement by May first (1st) meeting the following requirements:
1. 
Disclosure in writing of the following described transactions, if any such transactions were engaged in during the calendar year:
a. 
For such person, and all persons within the first degree of consanguinity or affinity of such person, the date and the identities of the parties to each transaction with a total value in excess of five hundred dollars ($500.00), if any, that such person had with the City, other than compensation received as an employee or payment of any tax, fee or penalty due to the City, and other than transfers for no consideration to the City;
b. 
The date and the identities of the parties to each transaction known to the person with a total value in excess of five hundred dollars ($500.00), if any, that any business entity in which such person had a substantial interest, had with the City, other than payment of any tax, fee or penalty due to the City or transactions involving payment for providing utility service to the City, and other than transfers for no consideration to the City;
D. 
Filing Of Reports. The financial interest statements shall be filed at the following times, but no person is required to file more than one (1) financial interest statement in any calendar year:
1. 
Every person required to file a financial interest statement shall file the statement annually not later than May (1st) and the statement shall cover the calendar year ending the immediately preceding December thirty-first (31st); provided that any member of the Board of Aldermen may supplement the financial interest statement to report additional interests acquired after December thirty-first (31st) of the covered year until the date of filing of the financial interest statement.
2. 
Each person appointed to office shall file the statement within thirty (30) days of such appointment or employment.
Financial disclosure reports giving the financial information required in Subsection (C) shall be filed with the City Clerk and the Missouri Ethics Commission. The reports shall be available for public inspection and copying during normal business hours.