[Ord. No. 1404 § 1, 11-16-1987; Ord. No. 1866 § 1, 8-21-1995; Ord.
No. 2030 § 1, 9-21-1998; Ord. No. 2280 § 1, 2-17-2004; Ord.
No. 2316 § 1, 9-20-2004]
There is hereby adopted the following written policy to apply
to all governmental bodies (including boards, commissions and committees)
of this municipality:
A.
All
meetings, public records and votes are open to the public, except
the governmental body may close any meeting, public record or vote
to the extent they relate to the following, as authorized by Section
610.021, RSMo.:
1.
Legal actions, causes of action or litigation involving a governmental
body and any confidential or privileged communications between a governmental
body or its representatives and its attorneys. However, any minutes,
vote or settlement agreement relating to legal actions, causes of
action or litigation involving a governmental body or any agent or
entity representing its interests or acting on its behalf or with
its authority, including any insurance company acting on behalf of
a governmental body as its insured, shall be made public upon final
disposition of the matter voted upon or upon the signing by the parties
of the settlement agreement, unless, prior to final disposition, the
settlement agreement is ordered closed by a court after a written
finding that the adverse impact to a plaintiff or plaintiffs to the
action clearly outweighs the public policy considerations of Section
610.011, Revised Statutes of Missouri, except that in any event the
amount of any moneys paid by, or on behalf of, the governmental body
shall be disclosed; provided however, in matters involving the exercise
of the power of eminent domain, the vote shall be announced or become
public immediately following the action on the motion to authorize
institution of such a legal action. Legal work product shall be considered
a closed record;
2.
Leasing, purchase or sale of real estate by a governmental body where
public knowledge of the transaction might adversely affect the legal
consideration therefor. However, any minutes, vote or public record
approving a contract relating to the leasing, purchase or sale of
real estate by a governmental body shall be made public upon execution
of the documents pertaining to the lease, purchase or sale of the
real estate;
3.
Hiring, firing, disciplining or promoting of particular employees
by a governmental body when personal information about the employee
is discussed or recorded. However, any vote on a final decision, when
taken by a governmental body, to hire, fire, promote or discipline
an employee of a governmental body shall be made available with a
record of how each member voted to the public within seventy-two (72)
hours of the close of the meeting where such action occurs; provided
however, that any employee so affected shall be entitled to prompt
notice of such decision during the seventy-two (72) hour period before
such decision is made available to the public. As used in this subdivision,
the term "personal information" means information
relating to the performance or merit of individual employees;
4.
Non-judicial mental or physical health proceedings involving identifiable
persons, including medical, psychiatric, psychological, or alcoholism
or drug dependency diagnosis or treatment;
5.
Testing and examination materials, before the test or examination
is given or, if it is to be given again, before so given again;
6.
Welfare cases of identifiable individuals;
7.
Preparation, including any discussions or work product, on behalf
of a governmental body or its representatives for negotiations with
employee groups;
8.
Software codes for electronic data processing and documentation thereof;
9.
Specifications for competitive bidding, until either the specifications
are officially approved by the governmental body or the specifications
are published for bid;
10.
Sealed bids and related documents, until the bids are opened; and
sealed proposals and related documents or any documents relating to
a negotiated contract until a contract is executed or all proposals
are rejected;
11.
Individually identifiable personnel records, performance ratings
or records pertaining to employees or applicants for employment, except
that this exemption shall not apply to the names, positions, salaries
and lengths of service of officers and employees of public agencies
once they are employed as such;
12.
Records which are protected from disclosure by law. Such records
include, but are not limited to, the following:
(a)
Police investigative report records as provided in Section 610.100,
RSMo.;
(b)
Certain information received by Police in an emergency 911 telephone
call as provided in Section 610.150, RSMo.;
(c)
Police records concerning juveniles as provided in Section 211.321,
RSMo.;
(d)
Certain Police arrest records as provided in Section 610.100 and
Section 610.105, RSMo.;
(e)
Portions of Police records containing specified information as provided
in Section 610.100, RSMo.
13.
Meetings and public records relating to scientific and technological
innovations in which the owner has a proprietary interest.
14.
Records relating to municipal hotlines established for the reporting
of abuse and wrongdoing;
15.
Confidential or privileged communications between a governmental
body and its auditor, including all auditor work product, provided
that all final audit reports issued by the auditor are to be considered
open records;
16.
Operational guidelines and policies developed, adopted or maintained
by any public agency responsible for law enforcement, public safety,
first response or public health for use in responding to or preventing
any critical incident which is or appears to be terrorist in nature
and which has the potential to endanger individual or public safety
or health. Nothing in this exception shall be deemed to close information
regarding expenditures, purchases or contracts made by an agency in
implementing these guidelines or policies. When seeking to close information
pursuant to this exception, the agency shall affirmatively state in
writing that disclosure would impair its ability to protect the safety
or health of persons and shall in the same writing state that the
public interest in non-disclosure outweighs the public interest in
disclosure of the records. This exception shall sunset on December
31, 2008;
17.
Existing or proposed security systems and structural plans of real
property owned or leased by a governmental body and information that
is voluntarily submitted by a non-public entity owning or operating
an infrastructure to any governmental body for use by that body to
devise plans for protection of that infrastructure, the public disclosure
of which would threaten public safety.
(a)
Records related to the procurement of or expenditures relating to
security systems purchased with public funds shall be open.
(b)
When seeking to close information pursuant to this exception, the
governmental body shall affirmatively state in writing that disclosure
would impair the governmental body's ability to protect the security
or safety of persons or real property and shall in the same writing
state that the public interest in non-disclosure outweighs the public
interest in disclosure of records.
(c)
Records that are voluntarily submitted by a non-public entity shall
be reviewed by the receiving agency within ninety (90) days of submission
to determine if retention of the document is necessary in furtherance
of a State security interest. If retention is not necessary, the documents
shall be returned to the non-public governmental body or destroyed.
(d)
This exception shall sunset on December 31, 2008;
18.
Records that identify the configuration of components or the operation
of a computer, computer system, computer network or telecommunications
network and would allow unauthorized access to or unlawful disruption
of a computer, computer system, computer network or telecommunications
network of a governmental body. This exception shall not be used to
limit or deny access to otherwise public records in a file, document,
data file or database containing public records. Records related to
the procurement of or expenditures relating to such computer, computer
system, computer network or telecommunications network, including
the amount of moneys paid by or on behalf of a governmental body for
such computer, computer system, computer network or telecommunications
network, shall be open; and
19.
Credit card numbers, personal identification numbers, digital certificates,
physical and virtual keys, access codes or authorization codes that
are used to protect the security of electronic transactions between
a governmental body or person or entity doing business with a governmental
body. Nothing in this Subdivision shall be deemed to close the record
of a person or entity using a credit card held in the name of a governmental
body or any record of a transaction made by a person using a credit
card or other method of payment for which reimbursement is made by
a governmental body.
B.
A
public record is any record, whether written or electronically stored,
retained by or of any governmental body, including any report, survey,
memorandum or other document or study prepared for the governmental
body by a consultant or other professional service paid for in whole
or in part by public funds, including records created or maintained
by private contractors under an agreement with a governmental body
or on behalf of a governmental body. The term "public record" shall
not include any internal memorandum or letter received or prepared
by or on behalf of a member of a governmental body consisting of advice,
opinions and recommendations in connection with the deliberative decision-making
process of said body, unless such records are retained by the governmental
body or presented at a public meeting. Any document or study prepared
for a governmental body by a consultant or other professional service
as described in this paragraph shall be retained by the governmental
body in the same manner as any other public record. All City public
records that may be closed under the Missouri Open Meetings and Records
Law or by some other provision of law are hereby deemed closed records
unless the governmental body votes to make them public.
C.
Before
closing a meeting and/or vote to the public, a majority of a quorum
of the governmental body shall vote to do so in a public vote. The
vote of each member of the governmental body on the question of closing
the meeting or vote and the specific reason for closing the meeting
or vote by reference to a specific section of the Open Meetings and
Records Law (see Section 610.021, RSMo.) shall be announced publicly
at an open meeting and entered into the minutes of that open meeting.
In the event any member of a governmental body makes a motion to close
a meeting or a record or a vote from the public and any other member
believes that such motion, if passed, would cause a meeting, record
or vote to be closed from the public in violation of any provision
of the Open Meetings and Records Law, such latter member shall state
his or her objection to the motion at or before the time the vote
is taken on the motion. The governmental body shall enter in the minutes
of the governmental body any objection made pursuant to this paragraph.
Any member making such an objection shall be allowed to fully participate
in any meeting, record or vote that is closed from the public over
the member's objection. In the event the objecting member also voted
in opposition to the motion to close the meeting, record or vote at
issue, the objection and vote of the member as entered in the minutes
shall be an absolute defense to any claim filed against the objecting
member pursuant to Section 610.027, RSMo. The governmental body proposing
to hold a closed meeting or vote shall give notice of the time, date
and place of such closed meeting or vote and the reason for holding
it by reference to a specific exception allowed under the provisions
of Section 610.021, Revised Statutes of Missouri. The notice shall
be given in the same manner as required for meetings in Subsection
(D) below. No other business may be discussed in a closed meeting
or vote which does not directly relate to the specific reason announced
to close the meeting or vote to the public. Any votes taken during
a closed meeting shall be taken by roll call vote. A journal of minutes
of closed meetings shall be taken and retained by each governmental
body, including, but not limited to, a record of any votes taken at
such meeting. The minutes shall include the date, time, place, members
present, members absent and a record of any votes taken. When a roll
call vote is taken, the minutes shall attribute each "yea" and "nay"
vote or abstinence if not voting to the name of the individual member
of the governmental body. The governmental body holding a closed meeting
shall close only an existing portion of the meeting facility necessary
to house the members of the governmental body in the closed session,
allowing members of the public to remain to attend any subsequent
open session held by the governmental body following the closed session.
No audio recording of any meeting, record or vote closed pursuant
to Section 610.021, RSMo., shall be permitted without permission of
the governmental body. Violators shall be guilty of a Class C misdemeanor.
D.
The
governmental body shall give notice of the time, date, place and tentative
agenda of each meeting. If the meeting will be conducted by telephone
or other electronic means, the notice of the meeting shall identify
the mode by which the meeting will be conducted and the designated
location where the public may observe and attend the meeting. If a
public body plans to meet by Internet chat, Internet message board
or other computer link, it shall post a notice of the meeting on its
website in addition to City Hall and shall notify the public how to
access that meeting. The notice for all meetings shall be posted on
the appropriate bulletin board and message board at City Hall at least
twenty-four (24) hours, exclusive of weekends and holidays when the
City Hall is closed, prior to the commencement of the meeting. If
an emergency makes it impossible or impractical to give twenty-four
(24) hours' notice, as much notice as is reasonably possible shall
be given. Notice shall also be given to any representative of the
news media who requests notice of meetings of a particular governmental
body, concurrent with the notice being made available to the members
of the governmental body and at least twenty-four (24) hours prior
to the commencement of the meeting, if possible.
E.
Each
meeting shall be held at a place reasonably accessible to the public
and of sufficient size to accommodate the anticipated attendance by
members of the public and at a time reasonably convenient to the public,
unless for good cause such a place or time is impossible or impractical.
Every reasonable effort shall be made to grant special access to the
meeting to handicapped or disabled persons. The recording of any open
meeting by audio tape, video tape or other electronic means shall
be allowed. Such recordings shall be conducted so as to minimize disruption
to the open meeting. When it is necessary to hold a meeting on less
than twenty-four (24) hours' notice or at a place that is not reasonably
accessible to the public or at a time that is not reasonably convenient
to the public, the nature of the good cause justifying that departure
from the normal requirements shall be stated in the minutes of that
meeting.
F.
The
term "public business" means all matters which relate
in any way to the performance of the governmental body's functions
or the conduct of its business. A "public meeting" is any meeting of a governmental body at which any public business
is discussed, decided or public policy formulated, whether such meeting
is conducted in person or by means of communication equipment, including,
but not limited to, conference call, video conference, Internet chat
or Internet message board. The term "public meeting" shall not include
an informal gathering of members of a governmental body for ministerial
or social purposes when there is no intent to avoid the purposes of
the Open Meetings and Records Law, but the term shall include a public
vote of all or a majority of the members of a governmental body, by
electronic communication or any other means, conducted in lieu of
a public meeting with the members of the governmental body gathered
at one (1) location in order to conduct public business. A public
vote is any vote, whether conducted in person, by telephone or by
any other electronic means, cast at any public meeting of a governmental
body. Except as otherwise provided by law, all votes shall be recorded
and if a roll call is taken, as to attribute each "yea" and "nay"
vote, or abstinence if not voting, to the name of the individual member
of the governmental body. All public meetings shall be open to the
public and public votes and public records shall be open to the public
for inspection and duplication. All votes taken by roll call in meetings
of the Board of Aldermen shall be cast by Aldermen who are physically
present and in attendance at the meeting. When it is necessary to
take votes by roll call in a meeting of the Board of Aldermen due
to an emergency of the public body, with a quorum of the Board of
Aldermen physically present and in attendance and less than a quorum
of the Board of Aldermen also participating via telephone, facsimile,
Internet or any other voice or electronic means, the nature of the
emergency of the Board of Aldermen justifying that departure from
the normal requirements shall be stated in the minutes. Where such
emergency exists, the votes taken shall be regarded as if all Aldermen
were physically present and in attendance at the meeting. A journal
or minutes of open meetings of each governmental body shall be taken
and retained by each governmental body, including, but not limited
to, a record of any votes taken at such meeting. The minutes shall
include the date, time, place, members present, members absent and
a record of any votes taken. When a roll call vote is taken, the minutes
shall attribute each "yea" and "nay" vote or abstinence if not voting
to the name of the individual member of the governmental body.
G.
A
formally constituted subunit of a parent governmental body may conduct
a meeting without notice during a lawful meeting of the parent governmental
body, during a recess in that meeting or immediately following that
meeting, if the meeting of the subunit is publicly announced at the
parent meeting and the subject of the meeting reasonably coincides
with the subjects discussed or acted upon by the parent governmental
body.
H.
The
City Administrator shall be the primary custodian of records for the
City of Centralia, Missouri, and shall be responsible for maintenance
and control of all City records. In the absence of the City Administrator,
the City Clerk or the Assistant City Clerk shall be the custodian.
Unless closed, the custodian shall provide public access to all public
records of the City for inspection and copying as soon as possible
but no later than the end of the third (3rd) business day following
the date the request is received by the custodian. If records are
requested in a certain format, the custodian shall provide the records
in the requested format, if such format is available. If for reasonable
cause additional delay is necessary, the custodian shall give a detailed
explanation of the cause for the delay to the requester and also the
earliest time and date the record will be available for inspection
and copying. No person may remove original public records from the
offices of the governmental body or its custodian without written
permission of the custodian. If request for access is denied, the
custodian shall provide, upon request, a written statement of the
grounds for such denial. Such statement shall cite the specific provision
of law under which access is denied and shall be furnished to the
requester no later than the end of the third (3rd) business day following
the date that the request for the statement is received by the custodian.
If a public record contains material which is not exempt from disclosure
as well as material which is exempt from disclosure, the custodian
shall separate the exempt and non-exempt material and make the non-exempt
material available for examination and copying. When designing a public
record, a governmental body shall, to the extent practicable, facilitate
a separation of exempt from non-exempt information. If the separation
is readily apparent to a person requesting to inspect or receive copies
of the form, the custodian shall generally describe the material exempted
unless that description would reveal the contents of the exempt information
and thus defeat the purpose of the exemption.
I.
When
any message relating to public business of a governmental body is
transmitted by electronic means by one (1) member of a governmental
body to other members of a governmental body such that, when counting
the sender, a majority of the members of the governmental body are
electronically copied, the member of the governmental body electronically
transmitting the message shall also concurrently transmit that message
to either the member's public office computer or to the custodian
of records in the same format. Any such message received by the custodian
of records or at the member's office computer shall be a public record,
subject to the closed record exceptions of Section 610.021, RSMo.
J.
The
City shall not, after August 28, 2004, enter into a contract for the
creation or maintenance of a public records database if that contract
impairs the ability of the public to inspect or copy public records
including public records that are on-line or stored in an electronic
record keeping system. Such contract may not allow any impediment
that as a practical matter makes it more difficult for the public
to inspect or copy the records than to inspect or copy the City's
other public records. For purposes of this paragraph, a useable electronic
format shall allow, at a minimum, viewing and printing of records.
However, if the City keeps a record on a system capable of allowing
the copying of electronic documents into other electronic documents,
the City shall provide data to the public in such electronic format,
if requested. But the activities authorized pursuant to this paragraph
may not take priority over the primary responsibilities of a governmental
body. For purposes of this paragraph the term "electronic
services" means on-line access or access via other electronic
means to an electronic file or data base. The City shall include in
a contract for electronic services, provisions that (1) protect the
security and integrity of the information system of the City and of
information systems that are shared by governmental bodies; and (2)
limit the liability of the City providing the services. The City may
consult with the division of data processing and telecommunications
of the Missouri Office of Administration to develop the electronic
services offered by the City to the public pursuant to this paragraph.
K.
Except
as provided in Subsection (L) below, fees shall be assessed:
1.
For furnishing copies of public records;
2.
For document searches by City employees; and
3.
For providing access to public records maintained on computer facilities,
recording tapes or disks, video tapes or films, pictures, slides,
graphics, illustrations or similar audio or visual items or devices
and for programming, if necessary.
L.
Except
as provided below, the charges shall be as follows: Five cents ($0.05)
per page (for paper copies not larger than nine (9) inches by fourteen
(14) inches) for duplication costs; ten dollars ($10.00) per hour
(prorated by quarters of an hour) for document searches by City employees;
and ten dollars ($10.00) per hour (prorated by quarters of an hour)
for providing access to the specialized public records described above
in this paragraph and for programming, if necessary, with copies of
such items being twenty-five cents ($0.25) per item or page or one
dollar ($1.00) plus the actual cost of blank media for tape or computer
disks. Fees for maps, blueprints or plats that require special expertise
to duplicate may include the actual rate of compensation for the trained
personnel required to duplicate such maps, blueprints or plats. If
programming is required beyond the customary and usual level to comply
with a request for records or information, the fees for compliance
may include the actual costs of such programming. Documents may be
copied, documents may be searched for by City employees and access
may be provided, without charge, under the following circumstances:
1.
Single copies of ordinances and regulations may be provided without
charge to any person, upon request, to enable said person to comply
with said ordinances and regulations. Single copies of ordinances
and regulations may be provided without charge to another governmental
entity upon request.
2.
Copies of documents may be provided without charge in compliance
with or incident to fulfillment of a contract obligation, when the
City of Centralia is a party to said contract.
3.
Copies of documents may be provided without charge to any person,
organization or governmental entity when the official or employee
of the City of Centralia who is dealing with said person, organization
or governmental entity determines that providing said documents is
in the public interest:
(a)
In furthering a common purpose; or
(b)
In performing an activity desired by the City of Centralia; or
(c)
In achieving a result desired by the City of Centralia; or
(d)
Because it is likely to contribute significantly to public understanding
of the operations or activities of the City and is not primarily in
the commercial interest of the requester.
4.
Copies of documents may be provided without charge when required
to be provided incident to any legal proceeding involving the City
of Centralia.
5.
Single copies of the agenda of any future meeting of any board, committee
or commission of this municipality may be provided to any person,
upon request.
6.
No charge shall be made for copies of documents, document searches
or access provided when the requester is an official or employee of
the City of Centralia and the request is pursuant to official City
business.
The person requesting the public records may request the custodian
to provide an estimate of the cost to copy the public records, before
the City produces the copies. Unless prior written consent is given
by the custodian, payment shall be made before or at the time public
records are duplicated. At any time, the custodian may require that
advance payment be made before public records are duplicated, including
when the number of public records being requested to be duplicated
is large. With written consent of the custodian, payment for duplication
costs may be made by the requester on a date after duplication has
been performed. Payment for document searches by City employees, for
providing access to the specialized public records and for programming
shall be made upon completion of the search, upon the completion of
providing access and/or completion of the programming.
M.
If
the governmental body is in doubt about the legality of closing a
particular meeting, record or vote, it may bring suit at the expense
of the governmental body in the Circuit Court of Boone County, Missouri,
to ascertain the propriety of any such action or it may seek a formal
opinion of the Attorney General of the State of Missouri or the City
Attorney.
[1]
State Law References — For similar provisions, see RSMo.,
§§ 109.180, 109.190, 211.321, 610.010, 610.011, 610.015,
610.020, 610.021, 610.022, 610.023, 610.025, 610.026, 610.027, 610.028,
610.029, 610.100, 610.105 and 610.150.
[Ord. No. 1633 § 1, 8-19-1991; Ord. No. 1969 § 2, 8-18-1997]
As used in Section 2-2 through Section 2-8, unless the context clearly requires otherwise, the following terms mean:
Any proceeding in which a record of the proceedings may be
kept and maintained as a public record at the request of either party
by a court reporter, notary public or other person authorized to keep
such record by law or by any rule or regulation of the agency conducting
the hearing; or from which an appeal may be taken directly or indirectly,
or any proceeding from the decision of which any party must be granted,
on request, a hearing de novo; or any arbitration proceeding; or a
proceeding of a personnel review board of a political subdivision;
or an investigative proceeding initiated by an official, department,
division, or agency which pertains to matters which, depending on
the conclusion of the investigation, could lead to a judicial or administrative
proceeding being initiated against the party by the official, department,
division or agency.
A corporation, association, firm, partnership, proprietorship,
or business entity of any kind or character.
Any sole proprietorship owned by himself/herself, the person's
spouse or any dependent child in the person's custody;
Any partnership or joint venture in which the person's spouse
is a partner, other than as a limited partner of a limited partnership,
and any corporation or limited partnership in which the person is
an officer or director or of which either the person or the person's
spouse or dependent child in the person's custody whether singularly
or collectively owns in excess of ten percent (10%) of the outstanding
shares of any class of stock or partnership units; or
Any trust in which the person is a trustee or settlor or in
which the person or the person's spouse or dependent child whether
singularly or collectively is a beneficiary or holder of a reversionary
interest of ten percent (10%) or more of the corpus of the trust.
City of Centralia, Missouri, and any board, committee or
commission of the City of Centralia, Missouri, including, but not
limited to, the City Park Board of Directors.
All information whether transmitted orally or in writing
which is of such a nature that it is not, at that time, a matter of
public record or public knowledge.
All children, stepchildren, foster children and wards under
the age of eighteen (18) residing in the person's household and who
receive in excess of fifty percent (50%) of their support from the
person.
A state tax return or a document or other record maintained
for public inspection without limitation on the right of access to
it and a document filed in a juvenile court proceeding.
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.
[1]
State Law Reference — For similar provisions, see RSMo.
§ 105.450.
[Ord. No. 1633 § 2, 8-19-1991]
No elected or appointed official or employee of the City shall:
1.
Act
or refrain from acting in any capacity in which he is lawfully empowered
to act as such an official or employee by reason of any payment, offer
to pay, promise to pay, or receipt of anything of actual pecuniary
value paid or payable, or received or receivable, to himself or any
third person, including any gift or campaign contribution, made or
received in relationship to or as a condition of the performance of
an official act, other than compensation to be paid by the City; or
2.
Use
confidential information obtained in the course of or by reason of
his employment or official capacity in any manner with intent to result
in financial gain for himself, his spouse, his dependent child in
his custody, or any business with which he is associated; or
3.
Disclose
confidential information obtained in the course of or by reason of
his employment or official capacity in any manner with intent to result
in financial gain for himself or any other person; or
4.
Regarding
an elected or appointed official, favorably act on any matter that
is so specifically designed so as to provide a "special monetary benefit"
to such official or his spouse or dependent children, including but
not limited to increases in retirement benefits, whether received
from the state of Missouri or any third party by reason of such act.
For the purposes of this Subsection, "special monetary benefit" means being materially affected in a substantially different manner or degree than the manner or degree in which the public in general will be affected or, if the matter affects only a special class of persons, then affected in a substantially different manner or degree than the manner or degree in which such class will be affected. In all such matters such officials shall recuse themselves from acting and shall not be relieved by reason of the provisions of Section 2-8, except that the Mayor and Aldermen may act on increases in their compensation subject to the restrictions of Section 2-24.1 and Section 2-45; or
5.
Regarding
an elected or appointed official, use his decision-making authority
for the purpose of obtaining a financial gain which materially enriches
himself, his spouse or dependent children by acting or refraining
from acting for the purpose of coercing or extorting from another
anything of actual pecuniary value.
[Ord. No. 1633 § 3, 8-19-1991; Ord. No. 2031 1, 9-21-1998]
No elected or appointed official or employee of the City serving
in an executive or administrative capacity, including the Mayor and
City Administrator, shall:
1.
Perform
any service for the City for receipt or payment of any compensation,
other than of the compensation provided for the performance of his
or her official duties, in excess of five hundred dollars ($500.00)
per transaction or one thousand five hundred dollars ($1,500.00) per
annum, except on transactions made pursuant to an award on a contract
let or sale made after public notice and competitive bidding, provided
that the bid or offer is the lowest received; or
2.
Sell,
rent or lease any property to the City and receive consideration therefor
in excess of five hundred dollars ($500.00) per transaction or one
thousand five hundred dollars ($1,500.00) per year unless the transaction
is made pursuant to an award on a contract let or sale made after
public notice and in the case of property other than real property,
competitive bidding, provided that the bid or offer accepted is the
lowest received; or
3.
Participate
in any matter, directly or indirectly, in which he or she attempts
to influence any decision of any board, committee or commission of
the City when he or she knows the result of such decision may be the
acceptance of the performance of a service or the sale, rental, or
lease of any property to that board, committee or commission for consideration
in excess of five hundred dollars ($500.00) value per transaction
or one thousand five hundred dollars ($1,500.00) per annum to him
or her, to his or her spouse, to a dependent child in his or her custody
or to any business with which he or she is associated unless the transaction
is made pursuant to an award on a contract let or sale made after
public notice and in the case of property other than real property,
competitive bidding, provided that the bid or offer accepted is the
lowest received; or
4.
Perform
any services during the time of his or her office or employment for
any consideration from any person, firm or corporation, other than
the compensation provided for the performance of his or her official
duties, by which service he or she attempts to influence a decision
of any City board, committee or commission; or
5.
Perform
any service for consideration, during one (1) year after termination
of his or her office or employment, by which performance he or she
attempts to influence a decision of the Board of Aldermen; except
that this provision shall not be construed to prohibit any person
from performing such service and receiving compensation therefor,
in any "adversary proceeding" or in the preparation or filing of any
public document; or
6.
Perform
any service for any consideration for any person, firm or corporation
after termination of his or her office or employment in relation to
any case, decision, proceeding or application with respect to which
he or she was directly concerned or in which he or she personally
participated during the period of his or her service or employment.
[Ord. No. 1633 § 4, 8-19-1991; Ord. No. 2031 § 2, 9-21-1998; Ord.
No. 2383 § 1, 12-19-2005]
A.
No
member of the Board of Aldermen nor the Mayor shall:
1.
Perform any service for the City for any consideration other than
the compensation provided for the performance of his or her official
duties; or
2.
Sell, rent or lease any property to the City for consideration in
excess of five hundred dollars ($500.00) per transaction or five thousand
dollars ($5,000.00) per annum unless the transaction is made pursuant
to an award on a contract let or a sale made after public notice and
in the case of property other than real property, competitive bidding,
provided that the bid or offer accepted is the lowest received; or
3.
Attempt, for any compensation other than the compensation provided
for the performance of his or her official duties, to influence the
decision of any board, committee or commission of the City on any
matter; except that this provision shall not be construed to prohibit
such person from participating for compensation in any "adversary
proceeding" or in the preparation or filing of any public document
or conference thereon.
B.
No
sole proprietorship, partnership, joint venture, limited liability
company or corporation in which any member of the Board of Aldermen
or the Mayor is the sole proprietor, a partner having more than a
ten percent (10%) partnership interest, a limited liability company
member having more than a ten percent (10%) membership interest or
a co-participant or owner of in excess of ten percent (10%) of the
outstanding shares of any class of stock shall:
1.
Perform any service for the City for any consideration in excess
of five hundred dollars ($500.00) per transaction or five thousand
dollars ($5,000.00) per annum, unless the transaction is made pursuant
to an award on a contract let or a sale made after public notice and
in the case of property other than real property, competitive bidding,
provided that the bid or offer accepted is the lowest receive; or
2.
Sell, rent or lease any property to the City where the consideration
is in excess of five hundred dollars ($500.00) per transaction or
five thousand dollars ($5,000.00) per annum, unless the transaction
is made pursuant to an award on a contract let or a sale made after
public notice and in the case of property other than real property,
competitive bidding, provided that the bid or offer accepted is the
lowest received.
[Ord. No. 1633 § 5, 8-19-1991]
[1]
State Law Reference — For similar provisions, see RSMo.
§ 105.466.
[Ord. No. 1633 § 6, 8-19-1991; Ord. No. 1747 § 1, 8-16-1993; Ord.
No. 1805 § 1, 7-18-1994; Ord. No. 1835 § 1, 1-16-1995; Ord.
No. 1865 § 1, 8-21-1995; Ord. No. 1969 § 1, 8-18-1997; Ord.
No. 2081 § 1, 8-16-1999; Ord. No. 2163 § 1, 8-20-2001; Ord.
No. 2253 § 1, 8-18-2003; Ord. No. 2367 § 1, 8-15-2005; Ord.
No. 2476 § 1, 8-20-2007; Ord. No. 2581 § 1, 8-17-2009; Ord.
No. 2646 § 1, 7-18-2011; Ord. No. 2731 §
1, 7-15-2013; Ord. No.
2822 § 1, 8-17-2015; Ord. No. 2913, 8-21-2017; Ord. No. 3028, 8-19-2019; Ord. No. 3102, 8-23-2021]
A.
The
Mayor, each member of the Board of Aldermen, the City Collector, the
City Clerk and the City Administrator and every candidate for the
offices of Mayor, Alderman and City Collector shall disclose in a
written financial interest disclosure statement the following information,
no later than the time specified in Subsection (D) of this Section,
if any such transactions were engaged in during the applicable time
period:
1.
For each such person, and all persons within the first degree of
consanguinity or affinity of each 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 each 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; and
2.
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 each 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.
B.
The City Administrator also shall disclose in a written financial interest disclosure statement the following information for the previous calendar year, no later than the time specified in Subsection D of this Section:
1.
The name and address of each of the employers of the City Administrator
from whom income of one thousand dollars ($1,000.00) or more was received
during the year covered by the statement; and
2.
The name and address of each sole proprietorship that the City Administrator
owned; the name, address and the general nature of the business conducted
of each general partnership and joint venture in which the City Administrator
was a partner or participant; the name and address of each partner
or coparticipant for each partnership or joint venture unless such
names and addresses are filed by the partnership or joint venture
with the Missouri Ethics Commission; the name, address and general
nature of the business conducted of any closely held corporation or
limited partnership in which the City Administrator owned ten percent
(10%) or more of any class of the outstanding stock or limited partnership
units; and the name of any publicly traded corporation or limited
partnership that is listed on a regulated stock exchange or automated
quotation system in which the City Administrator owned two percent
(2%) or more of any class of outstanding stock, limited partnership
units or other equity interests; and
3.
The name and address of each corporation for which the City Administrator
served in the capacity of a director, officer or receiver.
C.
Any
written financial interest disclosure statement required to be filed
in this Section shall be filed with both the City Clerk and the Missouri
Ethics Commission. All statements that are filed shall be available
for public inspection and copying during normal business hours. The
City Clerk shall provide to a person filing as a candidate for Mayor,
Alderman or City Collector, at the time of filing, written notice
of the candidate's obligation to file a financial interest disclosure
statement pursuant to this Section, and the candidate shall sign a
statement acknowledging receipt of such notice.
D.
Financial
interest statements-filed when.
1.
The financial interest disclosure statements shall be filed with
the City Clerk and the Missouri Ethics Commission at the following
times, but no person is required to file a written financial interest
disclosure statement more than once in any calendar year:
a.
Each person appointed to an office who is required to file a financial
interest disclosure statement shall file the statement within thirty
(30) days of such appointment, and the statement shall cover the calendar
year ending the immediately preceding December 31.
b.
Each candidate for Mayor, Alderman and City Collector shall file
a financial interest disclosure statement no later than fourteen (14)
days after the close of filing, which is the 11th Tuesday immediately
preceding the general municipal election day on the first Tuesday
after the first Monday of April. The statement shall cover the twelve
(12) months prior to the last day for filing for election.
c.
Every other person who is required to file a financial interest disclosure
statement shall file the statement annually not later than the first
day of May, and the statement shall cover the calendar year ending
the immediately preceding December 31, provided that the Mayor and
any member of the Board of Aldermen may supplement his or her financial
interest disclosure statement to report additional interests acquired
after December 31 of the covered year until the date of filing of
the financial interest disclosure statement.
2.
The deadline for filing any financial interest disclosure statement
required by this Section shall be 5:00 P.M. of the last day designated
for filing the statement. When the last day of filing falls on a Saturday
or Sunday or on an official state holiday, the deadline for filing
is extended to 5:00 P.M. on the next day which is not a Saturday or
Sunday or official holiday. Any statement required within a specified
time shall be deemed to be timely filed if it is postmarked not later
than midnight of the day previous to the last day designated for filing
the statement.
E.
Any
person required in this Section to file a financial interest disclosure
statement who fails to file such statement with the City Clerk and
the Missouri Ethic Commission by the times required in Subsection
(D) of this Section shall, if such person receives any compensation
or other remuneration from public funds for the person's services,
not be paid such compensation or receive such remuneration until the
person has filed with the City Clerk and the Missouri Ethics Commission
the required financial interest disclosure statement.
[Ord. No. 1633 § 7, 8-19-1991; Ord. No. 1747 § 1, 8-16-1993; Ord.
No. 1805 § 1, 7-18-1994; Ord. No. 1865 § 1, 8-21-1995; Ord.
No. 1969 § 1, 8-18-1997; Ord. No. 2081 § 1, 8-16-1999; Ord.
No. 2163 § 1, 8-20-2001; Ord. No. 2253 § 1, 8-18-2003; Ord.
No. 2367 § 1, 8-15-2005; Ord. No. 2476 § 1, 8-20-2007; Ord.
No. 2581 § 1, 8-17-2009; Ord. No. 2646 § 1, 7-18-2011; Ord.
No. 2731 § 1, 7-15-2013; Ord. No. 2822 § 1, 8-17-2015; Ord. No. 2913, 8-21-2017; Ord. No. 3028, 8-19-2019; Ord. No. 3102, 8-23-2021]
A.
Any
member of the Board of Aldermen, including the Mayor, who has a personal
or private interest in any measure, bill, order or ordinance proposed
or pending before the Board of Aldermen which results from a "substantial
interest" in a "business entity," shall, before such official passes
on the measure, bill, order or ordinance, file a written report of
the nature of the interest with the City Clerk and such statement
shall be recorded in the appropriate journal or other record of proceedings
of the City.
B.
Any member of the Board of Aldermen, including the Mayor, shall be deemed to have complied with the requirements of Subsection (A) of this Section if such official has filed, at any time before the official passes on such measure, bill, order or ordinance, a financial disclosure statement pursuant to Section 2-7 which discloses the basis for the official's said substantial personal or private interest or interests that the official may have therein. Any such person may amend the person's financial interest disclosure 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 Subsection (A) of this Section.
