[Ord. No. 132 §2, 1-20-1997; Ord. No. 704 § 3, 8-17-2015; Ord. No. 744, 7-17-2017; Ord. No. 812, 6-21-2021]
As used in this Chapter, the following terms shall have the
following meanings:
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 body 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 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 or division
of the City.
A corporation, association, firm, partnership, proprietorship
or business entity of any kind or character.
Any sole proprietorship owned by oneself, one's spouse, or any
dependent children in one's custody;
Any partnership or joint venture in which one or one's spouse
is a partner, other than a limited partner of a limited partnership,
and any corporation or limited partnership in which one is an officer
or director or of which either one or one's spouse or dependent child
in one'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 one is a trustee or settlor or in which one
or one'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.
The City of Green Park, Missouri.
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, which shall include, but is not
necessarily limited to, public records and information transmitted
in meetings of public governmental bodies properly closed pursuant
to Chapter 610, RSMo.
All children, stepchildren, foster children and wards under
the age of eighteen (18) residing in his/her household and who receive
in excess of fifty percent (50%) of their support from him/her.
Each person elected or appointed to the Board of Aldermen
and the office of Mayor of the City.
An individual shall be deemed to have received a salary from
his/her employer or income from any source at the time when he/she
shall receive a negotiable instrument whether or not payable at a
later date and at the time when under the practice of his/her employer
or the terms of an agreement he/she has earned or is entitled to anything
of actual value whether or not delivery of the value is deferred or
right to it has vested. The term income as used in this Section shall
have the same meaning as provided in the Internal Revenue Code of
1986, and amendments thereto, as the same may be or becomes effective,
at any time or from time to time for the taxable year, provided that
income shall not be considered received or earned for purposes of
this Section from a partnership or sole proprietorship until such
income is converted from business to personal use.
A written statement setting forth any possible conflicts
by listing all transactions, valued at more than five hundred dollars
($500.00), the filer, filer's spouse, or any relative within the first
(1st) degree of blood or marriage had with the City and disclosing
certain other information. The City has adopted the form entitled
"Financial Disclosure Statement for Political Subdivision (short form)"
as its form for required filers to use for their personal financial
disclosure statement.
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 a matter before the Board 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.
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.
[Ord. No. 132 §3, 1-20-1997; Ord.
No. 744, 7-17-2017; Ord. No. 812, 6-21-2021]
A.
No
elected or appointed official, employee or consultant of the City
shall:
1.
Act or refrain from acting in any capacity in which one is lawfully
empowered to act as 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 oneself or any
third (3rd) 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;
2.
Use confidential information obtained in the course of or by reason
of one's employment or official capacity in any manner with intent
to result in financial gain for oneself, one's spouse, dependent child
in one's custody, or any business with which one is associated;
3.
Disclose confidential information obtained in the course of or by
reason of one's employment or official capacity in any manner with
intent to result in financial gain for oneself or any other person;
4.
Favorably act on any matter that is so specifically designed to provide
a special monetary benefit to such employee or official or the employee's
or official's spouse or dependent children, including, but not limited
to, increases in retirement benefits, whether received from the City
or any third (3rd) party by reason of such act.
a.
In all such matters such officials or employees must recuse themselves from acting and shall not be relieved by reason of the provisions of Section 125.040, below, except that such official or employee may act on increases in compensation subject to the restrictions of the Missouri Constitution; or
5.
Use one's decision-making authority for the purpose of obtaining
a financial gain which materially enriches oneself, one's spouse or
dependent children by acting or refraining from acting for the purpose
of coercing or extorting from another anything of actual pecuniary
benefit.
[Ord. No. 132 §4, 1-20-1997; Ord.
No. 744, 7-17-2017; Ord. No. 812, 6-21-2021]
A.
No
elected or appointed official, employee or consultant of the City,
serving in an executive or administrative capacity, shall:
1.
Perform any service for the City for receipt of any compensation,
other than the compensation provided for the performance of one's
official duties, in excess of five hundred dollars ($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;
2.
Sell, rent or lease any property to the City and receive consideration
therefor in excess of five hundred dollars ($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;
3.
Participate in any matter, directly or indirectly, in which the officer
or employee attempts to influence any decision of the City when the
officer or employee 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 the City for consideration in excess of five hundred dollars
($500.00) value per annum to the officer or employee, to his/her spouse,
to a dependent child in his/her custody or to any business with which
the officer or employee 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;
4.
Perform any service for consideration, during one (1) year after
termination of his/her office or employment, by which the officer
or employee attempts to influence a decision of the City 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;
5.
Perform any service for any consideration for any person, firm or
corporation after termination of the officer's term or the employee's
employment in relation to any case, decision, proceeding or application
with respect to which the officer or employee was directly concerned
or in which the officer or employee personally participated during
the period of his/her service or employment; or
6.
Act or refrain from acting in any capacity in which one is lawfully
empowered to act as an official, employee or consultant of the City
when said person, or said person's spouse or dependent child, holds
a financial interest, whether direct or indirect, in any business,
property, contract or redevelopment project which is related to, or
the subject of, said person's capacity to act on behalf of the City.
[Ord. No. 132 §5, 1-20-1997; Ord.
No. 744, 7-17-2017; Ord. No. 812, 6-21-2021]
A.
No
member of the Board of Aldermen shall:
1.
Perform any service for the City for any consideration other than
the compensation provided for the performance of one's official duties;
2.
Sell, rent or lease any property to the City for consideration in
excess of five hundred dollars ($500.00) per annum 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.
Attempt, for any compensation other than the compensation provided
for the performance of one's official duties, to influence the decision
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, or corporation in
which any member of the Board of Aldermen is a sole proprietor, a
partner having more than a ten percent (10%) partnership 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 annum unless the transaction
is made pursuant to an award on a contract let after public notice
and competitive bidding, provided that the bid or offer accepted is
the lowest received; or
2.
Sell, rent or lease any property to the City where the consideration
is in excess of five hundred dollars ($500.00) per annum 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.
[Ord. No. 132 §6, 1-20-1997; Ord. No. 704 § 2, 8-17-2015; Ord. No. 744, 7-17-2017; Ord. No. 812, 6-21-2021]
The Mayor or any member of the Board of Aldermen who has a substantial
interest in any legislation introduced to or other matter before the
Board of Aldermen shall disclose to the Board of Aldermen the nature
of such interest which disclosure shall be recorded in the minutes
of the proceedings. Such official shall disqualify himself or herself
from participating in the consideration of or voting on any matter
relating to such interest.
[Ord. No. 704 § 2, 8-17-2015; Ord.
No. 744, 7-17-2017; Ord. No. 812, 6-21-2021]
A.
Personal Financial Disclosure Statement; All Filers. Using the personal financial disclosure statement form adopted in Subsection (E), the Mayor, each Alderman, the City Administrator, and each candidate for office shall disclose by the appropriate deadline referenced in Subsection (D), indicating whether or not any of the following transactions occurred during the previous calendar year:
1.
For such person, and all persons within the first (1st) 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 political subdivision, other than compensation received as an
employee or payment of any tax, fee or penalty due to the political
subdivision, and other than transfers for no consideration to the
political subdivision.
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 with which one is associated
had a substantial interest, had with the political subdivision, other
than payment of any tax, fee or penalty due to the political subdivision
or transactions involving payment for providing utility service to
the political subdivision, and other than transfers for no consideration
to the political subdivision; and
3.
Any other financial interests as may be required by ordinance
or resolution.
B.
Additional Disclosures, Mayor And City Administrator. In addition to the information required by Subsection (A), the City Administrator and Mayor shall further disclose by the appropriate deadline as referenced in Subsection (D), for themselves, their spouse, and any dependent children, the following information for the previous calendar year:
1.
The name and address of each employer from whom the received
income of one thousand dollars ($1,000.00) or more;
2.
The name and address of each sole proprietorship which 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
co-participant for each partnership or joint venture unless such names
and addresses are filed by the partnership or joint venture with the
Secretary of State; the name, address and general nature of the business
conducted of any closely held corporation or limited partnership in
which the person owned ten percent (10%) or more of any class of the
outstanding stock or limited partners' units; and the name of any
publicly traded corporation or limited partnership which 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, limited partnership units or other equity interests; and
3.
The name and address of each corporation for which they served
in the capacity of a director, officer, or receiver.
C.
PFD Filed With City Clerk And Missouri Ethics Commission. Any personal financial disclosure statement
required to be filed by this Section shall be filed in duplicate with
the City Clerk and with the Missouri Ethics Commission. Personal financial
disclosure statements shall be available at City Hall for public inspection
and copying during normal business hours.
D.
PFD When Filed. The personal financial disclosure statement shall
be filed at the following times:
1.
Appointed/Newly Elected Officials. Each person required to file
a personal financial disclosure statement under this Section shall
file such statement within thirty (30) days of appointment or election.
2.
Candidates. Each candidate for office in the City must file
a personal financial disclosure statement no later than fourteen (14)
days after the closing date for filing for the office for which the
candidate is running.
3.
Currently Serving Officials. Every other person required to
file a personal financial disclosure 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
elected official may supplement the personal financial disclosure
statement to report additional interests acquired after December 31
of the covered year until the date of filing of the personal financial
disclosure statement.
E.
Only One PFD Per Year. Nothing herein shall require any person to
file more than one (1) personal financial disclosure statement in
any calendar year.
F.
Approved
Form Of PFD.[1] All officials required by this Section to file a personal
financial disclosure statement shall use the current financial disclosure
statement for political subdivision (short form) published by the
Missouri Ethics Commission and available from the City Clerk or the
Missouri Ethics Commission.
[1]
Editor's Note: Said form is available at https://www.mec.mo.gov/WebDocs/PDF/Fillable/PFD/PFD_Short.pdf
G.
Penalties.
Pursuant to Section 105.492, RSMo., the following penalties shall
be applicable:
1.
Candidates. If a candidate for Mayor or Alderman in the City does
not file a financial interest statement by the close of business on
the twenty-first (21st) day after the last day for filing for election
for which the person is a candidate, the City shall endeavor to notify
the candidate that the candidate is disqualified from holding office
if elected. In addition, the Board of Aldermen may, in its sole discretion,
take action to remove the candidate's name from the ballot. If the
Board does not take action to remove the candidate from the ballot
and the candidate receives the most votes at the election, regardless
of whether the City provided notice that the candidate was disqualified,
the City Clerk shall not issue the oath of office to any such disqualified
candidate.
2.
Currently Serving Elected Officials. If a currently serving official fails to file a personal financial disclosure statement by the time required in Subsection (D) above, the official will not be paid the compensation or remuneration proscribed for their position until the person has filed a financial interest statement as required by this Section. A currently serving official who continues to fail to file the required financial interest statement for thirty (30) or more days after the time required in Subsection (D) above and being notified of such by the City and/or the Missouri Ethics Commission shall be subject to suspension from office in the manner otherwise provided by law or the constitution. The Missouri Attorney General or St. Louis County Prosecuting Attorney, at the request of the City or Missouri Ethics Commission, may take appropriate legal action to enforce the provisions of this Section.
3.
City Administrator. If the City Administrator fails to timely file a personal financial disclosure statement as required by this Section 125.055, the City Administrator will not be paid the compensation or remuneration proscribed for the office until the City Administrator has filed a financial interest statement as required by this Section. If the City Administrator fails to file such statement by the time required in Subsection (D) above and continues to fail to file the required financial interest statement for thirty (30) or more days after receiving notice from the City and/or the Missouri Ethics Commission, the City Administrator shall be subject to disciplinary action, including termination if the facts so warrant.
4.
False Statements In PFD. Pursuant to Section 105.492.4, RSMo., any
person who knowingly misrepresents or omits any facts required to
be contained in any personal financial interest statement filed as
required by this Section or Sections 105.483 to 105.496, RSMo., is
guilty of a Class B misdemeanor.
[Ord. No. 132 §7, 1-20-1997; Ord.
No. 812, 6-21-2021]
A.
No
provision of this Chapter shall be construed to prohibit any person
from performing any ministerial act or any act required by order of
a court of law to be performed.
B.
No
provision of this Chapter shall be construed to prohibit any person
from communicating with the office of the Attorney General or any
Prosecuting Attorney or any attorney of the City concerning any prospective
claim or complaint then under consideration not otherwise prohibited
by law.
C.
No
provision of this Chapter shall be construed to prohibit any person,
firm or corporation from receiving compensation for property taken
by the City under the power of eminent domain in accord with the provisions
of the Missouri Constitution, the laws of the State of Missouri, or
the ordinances of the City.
D.
No
provision of this Chapter shall be construed as prohibiting any person,
who having recused himself/herself from acting in an official capacity,
either due to a perceived conflict of interest or because of holding
a substantial interest in any measure, bill, order, ordinance, contract
or other pending matter, from attending and speaking at public meetings
or having access to public documents.
