[Ord. No. 23-19, 4-18-2023]
It is the policy of the City of Carl Junction, Missouri, to
uphold, promote and demand ethical conduct from its elected officials.
The citizens and businesses of the City are entitled to have fair,
ethical and accountable local government. The City recognizes the
importance of codifying and making known to the general public the
ethical principles that guide the work of elected officials. Elected
officials of the City are to maintain the highest standards of personal
integrity, truthfulness and fairness in carrying out their public
duties. In order to fulfill this mission, the City hereby adopts a
code of ethics for elected officials to assure public confidence in
the integrity of local government and its effective and fair operation.
[Ord. No. 23-19, 4-18-2023]
Stewardship of the public interest shall be the public official's
primary concern, working for the common good of citizens of the City
and avoiding actions that are inconsistent with the best interests
of the City. All person, claims and transactions coming before the
Board of Aldermen or any City board, commission or committee shall
be assured of fair and equal treatment.
[Ord. No. 23-19, 4-18-2023]
Elected officials are agents of public purpose and hold office
for the benefit of the public. They are bound to uphold the laws of
the nation, State and City and to carry out impartially these laws
in the performance of the public duties to foster respect for all
government. These laws, include, but are not limited to, the United
States and Missouri Constitutions, the laws of the State of Missouri,
Jasper County and City ordinances.
[Ord. No. 23-19, 4-18-2023]
The professional and personal conduct of elected officials shall
be above reproach and shall avoid even the appearance of impropriety.
Elected officials shall refrain from abusive conduct, personal charges
or verbal attacks upon the character or motives of the Mayor, other
members of the Board of Aldermen, boards, commissions, committees,
City staff and the public.
[Ord. No. 23-19, 4-18-2023]
A.
Elected officials shall perform their duties in accordance with the
processes and rules of order as established by the Board of Aldermen
governing the deliberation of public policy issues, meaningful involvement
of the public and implementation of policy decisions of the Board
of Aldermen by City staff.
B.
Elected officials shall be loyal to the political objectives expressed
by the electorate and the programs developed to attain those objectives.
[Ord. No. 23-19, 4-18-2023]
Elected officials shall prepare themselves for the public issues,
listening courteously and attentively to all public discussions before
and focus on the business at hand. Officials shall refrain from interrupting
other speakers, making personal comments not germane to the business
of the body or otherwise interfere with the orderly conduct of meetings.
[Ord. No. 23-19, 4-18-2023]
Elected officials shall base their decisions on the merits and
the substance at hand. They shall not decide in an arbitrary or capricious
manner.
[Ord. No. 23-19, 4-18-2023]
Elected officials shall publicly share with the body substantive
information that is relevant to a matter under consideration by the
Board of Aldermen, which they may have received from sources outside
the public decision-making process.
[Ord. No. 23-19, 4-18-2023]
A.
In order to assure independence and impartiality on behalf of the
common good, elected officials shall not use their official position
to influence government decisions in which they have a material financial
interest or personal relationship, which may give rise to the appearance
of a conflict of interest or impropriety. As a result, elected officials
shall disclose investment, interest in real property, sources of income
and gifts and shall abstain from participating in deliberations and
decision-making where conflicts exist.
B.
Elected officials should avoid action, whether or not specifically
prohibited, which might result in or create the appearance of:
1.
Using their public office for private gain;
2.
Offering preferential treatment to any person;
3.
Impeding City efficiency and economy;
4.
Losing complete independence or impartiality;
5.
Making a City decision outside of official channels; and
6.
Affecting adversely the confidence of the public and the integrity
of the City.
C.
If an elected official is a member of any boards, commissions, and/or
organizations outside their elected position with the City, said official
shall abstain from decision-making processes associated with or pertaining
to those same boards, commissions, and/or organizations. In order
to sustain independence and impartiality of the decision-making process,
the member must announce publicly their affiliation and abstain from
any discussion and/or votes, except if the elected official has information
germane to the discussion, then such information should be brought
before the Board of Aldermen during discussion.
[Ord. No. 23-19, 4-18-2023]
Elected officials shall comply with the requirements of Missouri
law relating to the acceptance and reporting of gifts, gratuities
and favors.
[Ord. No. 23-19, 4-18-2023]
Other than public information or with legal authorization, elected
officials shall not disclose or furnish to anyone any information
concerning City property, personnel, litigation or proceedings of
the City that was obtained as a result of their position with the
City. This Section shall not be construed to limit, hinder or prevent
the divulgence or use of information in the performance of official
duties, but shall prohibit the use of or the providing of information
in the performance of official duties, but shall prohibit the use
of or the providing of information that would place the public official
or the recipient in a vantage position over the general public and
thereby constitute a violation of public trust. Confidential information
shall include, but not be limited to, any written information which
is not subject to disclosure pursuant to Missouri law or any other
statutory exemption regarding public records or any oral information
which was not discussed at an open public meeting.
[Ord. No. 23-19, 4-18-2023]
A.
Unless specifically permitted by City policy, the use of City facilities,
equipment, vehicles, supplies, on-duty personnel or other goods or
services is limited to City business. Public resources may not be
used for private gain or personal purposes except on the same basis
that they are otherwise normally available to the public. Normal rental
or usage fees may not be waived except in accordance with City policy.
B.
A public official may use the City's name, letterhead, logo
or seal only when it would be perceived as representing the City or
the body as a whole only with the prior consent of the Board of Aldermen.
However, this provision will not prohibit individual Alderman members
from using City letterhead and resources to write personal congratulatory
letters, letters of recommendations, references, endorsements and
such may be written on by an Alderman on City letterhead with a copy
being provided to each member of the Board of Aldermen.
C.
A public official shall not utilize the City's name, letterhead,
logo or seal for the purpose of endorsing any political candidate,
business, commercial product or service.
[Ord. No. 23-19, 4-18-2023]
As stewards of the public interest, the Mayor and members of
the Board of Aldermen shall not appear on behalf of the private interests
of third parties before the Board of Aldermen or any other board,
commission, committee or proceeding in the City. Elected officials
of boards, commissions and committees shall not appear before their
own bodies or before the Board of Aldermen on behalf of the private
interests of third parties on matter related to the areas of service
of their bodies.
[Ord. No. 23-19, 4-18-2023]
Elected officials shall represent the official policies or positions
of the City to the best of their abilities when designated as delegates
for this purpose. When representing their individual opinions and
positions, elected officials shall explicitly state that they do not
represent their body of the City and they shall not give the inference
that they do. Elected officials of the City shall not appear before
their own bodies on behalf of the private interests of third parties
on matters related to the areas of service of their bodies.
[Ord. No. 23-19, 4-18-2023]
Elected officials shall respect and adhere to the City Administrator
form of government as outlined in the ordinances, policies and procedures
with respect to the City Administrator's relationship to the
Board of Aldermen. In this structure, the Board of Aldermen determine
the policies of the City with the advice, information and analysis
provided by the public, boards, commissions, committees and City staff.
Except as provided by City ordinance, Board of Aldermen members shall
not interfere with the administrative functions of the City or the
professional duties of City staff or impair the ability of staff to
implement policy decisions.
[Ord. No. 23-19, 4-18-2023]
The value of independent advice and recommendations of boards,
commissions and committees to the public decision-making process is
of such significance that members of the Board of Aldermen should
refrain from using their positions to influence the deliberations
or outcomes of board, commission, and committee proceedings.
[Ord. No. 23-19, 4-18-2023]
All City elected officials shall conduct themselves in a professional
business manner and should refrain from the public use of profane
or offensive language so as to reflect well on the City. The City
strongly disapproves of and does not tolerate harassment of any kind.
Elected officials shall avoid offensive or inapropriate harassing
behavior. Complaints of harassment will be promptly and carefully
investigated in accordance with City policy.
[Ord. No. 23-19, 4-18-2023]
Elected officials shall support the maintenance of a positive
and constructive workplace environment for the City employees and
for citizens and businesses dealing with the City. Elected officials
shall recognize their roles in dealing with City employees and refrain
from creating the perception of inappropriate action to City staff.
[Ord. No. 23-19, 4-18-2023]
Whenever any public official, subject to this policy, is in
doubt as to the proper interpretation or application of this code
of ethics policy, that public official may request the City Administrator
solicit from the City Attorney a full written statement on the facts
and questions. The City Attorney shall then render a written opinion
to such public official and the City Administrator shall provide the
opinion to all members of the Board of Aldermen without use of name
of the public official involved unless such public official permits
the use of a name.
[Ord. No. 23-19, 4-18-2023]
A.
The code of ethics for elected officials of the City is intended
to be self-enforcing. Therefore, it becomes most effective when elected
officials are thoroughly familiar with it and embrace its provisions.
For this reason, these ethical standards shall be included in the
regular orientation of candidates for Board of Aldermen, and newly
elected officials of the City.
B.
Elected officials entering office shall receive a statement certifying
that they have read and understand the City's code of ethics.
All elected officials are subject to the provisions of the code of
ethics of the City.
C.
The code of ethics shall be reviewed by the Board of Aldermen. Recommendations
received from the review shall be considered by the Board of Aldermen.
The code of ethics shall be updated, as necessary.
[Ord. No. 23-19, 4-18-2023]
A.
The City's code of ethics expresses standards of ethical conduct
expected for the elected officials of the Board of Aldermen. Elected
officials themselves have the primary responsibility to assure that
ethical standards are understood and met and that the public can continue
to have full confidence in the integrity of the government.
B.
A person making a complaint against a public official for violation
of this policy shall submit the complaint, in writing, to the City
Administrator for submission to the City Attorney who will determine
its legal sufficiency. The written complain must be based substantially
upon the personal knowledge of the complainant and must be signed
under oath or affirmation by the person filing the complaint.
C.
If the City Attorney determines that the complaint is legally sufficient,
the complaint shall be forwarded to the Board of Aldermen for such
further investigation as it shall determine.
D.
The Board of Aldermen shall make a final determination upon a majority
vote of all members, except for any member of the Board of Aldermen
which is the subject of a complaint. The hearing by the Board of Aldermen
shall not be subject to the strict rule of evidence and the standard
of proof required for a final determination of violation of this policy
shall be a preponderance of the evidence. At the discretion of the
Board of Aldermen, sanctions may include private or public reprimand
or censure, removal or exclusion from leadership positions, governing
board and other official positions or duties that do not conflict
with Missouri Statutes.
