[Ord. No. 555 §1, 7-25-2002; Ord. No. 1639, 8-16-2017]
The proper operation of government requires that public officials
and employees be independent, impartial and responsible to the people;
that government decisions and policy be made in the proper channels
of the governmental structure; that public office not be used for
personal gain; and that the public have confidence in the integrity
of its government. In recognition of these goals, there is hereby
established a procedure for disclosure by certain officials and employees
of private financial or other interests in matters affecting the City.
[Ord. No. 555 §2, 7-25-2002; Ord. No. 1639, 8-16-2017]
A. All
elected and appointed officials as well as employees of a political
subdivision must comply with Section 105.454, RSMo., on conflicts
of interest as well as any other State law governing official conduct.
B. Any
member of the Governing Body of a political subdivision who has a
"substantial or private interest" in any measure, bill, order or ordinance
proposed or pending before such Governing Body must disclose that
interest to the Secretary or Clerk of such body and such disclosure
shall be recorded in the appropriate journal of the Governing Body. "Substantial or private interest" is defined as ownership
by the individual, his/her spouse or his/her dependent children, whether
singularly or collectively, directly or indirectly of:
1. Ten percent (10%) or more of any business entity; or
2. An interest having a value of ten thousand dollars ($10,000.00) or
more; or
3. The receipt 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.
[Ord. No. 555 §3, 7-25-2002; Ord.
No. 672 §1, 8-12-2004; Ord. No. 865 §1, 9-14-2006; Ord.
No. 1037 §1, 8-28-2008; Ord. No. 1190 §1, 8-26-2010; Ord.
No. 1272 §1, 9-20-2012; Ord. No. 1639, 8-16-2017]
A. Each elected official, the Chief Administrative Officer, and the
Chief Purchasing Officer shall disclose the following information
by May 1 of each year if any such transactions were engaged in during
the previous calendar year:
1.
For such person, and all persons within the first degree of
consanguinity or affinity of such person, the date and 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 of Cottleville, other than compensation received as an employee
or payment of any tax, fee or penalty due to the City of Cottleville,
and other than transfers for no consideration to the City of Cottleville.
2.
The date and identities of the parties to each transaction known
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 of Cottleville, other than payment of any
tax, fee reimbursement for expenditures made on behalf of the City
of Cottleville or penalty due to the City of Cottleville or transactions
involving payment for providing utility service to the City of Cottleville,
and other transfers for no consideration to the City of Cottleville.
3.
The Chief Administrative Officer and the Chief Purchasing Officer
also shall disclose by May 1 of each year for the previous calendar
year the following information:
a.
The name and address of each of the employers of such person
from whom income of one thousand dollars ($1,000.00) or more was received
during the year covered by the statement;
b.
The name and address of each sole proprietorship that he/she
owned; the name, address and the general nature of the business conducted
of each general partnership and joint venture in which he/she was
a partner or participant; the name and address of each partner or
coparticipant for each partnership, joint venture or trust unless
such names and addresses are filed by the partnership, joint venture
or trust with the Secretary of State; the name, address and general
nature of the business conducted of any closely held corporation,
general or limited partnership, or trust in which the person owned
or has a beneficial interest in ten percent (10%) or more of any class
of the outstanding stock or partnership units both general and limited
in the aggregate, or corpus or income interest of a trust; and the
name of any publicly traded corporation or partnership that is listed
on a regulated stock exchange or automated quotation system in which
the person owned two percent (2%) or more of any class of outstanding
stock, partnership units or other equity interests;
c.
The name and address of each corporation for which such person
served in the capacity of a director, officer or receiver.
[Ord. No. 672 §1, 8-12-2004; Ord.
No. 865 §1, 9-14-2006; Ord. No. 1037 §1, 8-28-2008; Ord.
No. 1190 §1, 8-26-2010; Ord. No. 1272 §1, 9-20-2012; Ord. No. 1639, 8-16-2017]
A. The statements, in substantially the format on file with the City
Clerk, shall be filed with the City Clerk and the Missouri Ethics
Commission in compliance with Sections 105.483 to 105.496, RSMo.,
as amended. 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.
Each person appointed to office shall file the statement within
thirty (30) days of such appointment or employment;
2.
Every other person required to file a financial interest statement
shall file the statement annually not later than May 1, and the statement
shall cover the calendar year ending the immediately preceding December
31; provided that any member of the Board of Aldermen shall supplement
the financial interest statement to report additional interests acquired
after December 31 of the covered year until the date of filing of
the financial interest statement.
3.
Each candidate for elective office who is required to file a
personal financial disclosure statement shall file a financial interest
statement no later than fourteen (14) days after the close of filing
at which the candidate seeks nomination or election, and the statement
shall be for the twelve (12) months prior to the closing date, except
that in the event an individual does not become a candidate until
after the date of certification for candidates, the statement shall
be filed within fourteen (14) days of the individual becoming a candidate.
The City Clerk shall provide to the candidate at the time of filing
for election written notice of the candidate's obligation to
file a financial statement, and the candidate shall sign a statement
acknowledging receipt of such notice.
[Ord. No. 1037 §1, 8-28-2008; Ord. No. 1190 §1, 8-26-2010; Ord.
No. 1272 §1, 9-20-2012; Ord. No. 1639, 8-16-2017]
A. Any person required to file a financial interest statement pursuant
to this Chapter who fails to file such statement by the times required
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
a statement as required by this Chapter. Any person required to file
a statement who fails to file such statement by the time required
and continues to fail to file the required statement for thirty (30)
or more days after receiving notice from the Missouri Ethics Commission
shall be subject to suspension from office in the manner otherwise
provided by law or the constitution. The Attorney General or Circuit
Attorney, at the request of the Missouri Ethics Commission, may take
appropriate legal action to enforce the provisions of this Chapter.
B. If a candidate for office does not file a statement by the close
of business on the 21st day after the last day for filing for election
for which the person is a candidate, the Missouri Ethics Commission
shall notify the official who accepted such candidate's declaration
of candidacy that the candidate is disqualified. Such election official
shall remove the candidate's name from the ballot.
C. Failure of any elected official or judge to file a financial interest
statement thirty (30) days after notice from the appropriate filing
officer shall be grounds for removal from office as may be otherwise
provided by law or the constitution.