[Ord. No. 5886 §1, 8-9-2005; Ord. No. 5947 §1, 8-22-2006; Ord. No. 5982 §1, 7-10-2007; Ord. No. 6023 §1, 7-8-2008; Ord. No. 6083 §1, 7-14-2009]
The proper operation of municipal 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. 5886 §2, 8-9-2005; Ord. No. 5947 §2, 8-22-2006; Ord. No. 5982 §2, 7-10-2007; Ord. No. 6023 §2, 7-8-2008; Ord. No. 6083 §2, 7-14-2009]
All elected and appointed officials as well as employees of
the City of Clayton shall comply with Section 105.454, RSMo., on conflicts
of interests as well as any other State law governing official conduct.
The Mayor or any member of the Board of Aldermen who has a substantial
personal or private interest, as defined by State law, in any measure,
bill, order or ordinance proposed or pending before the Board of Aldermen
shall disclose that interest to the City Clerk and such disclosure
shall be recorded in the records of the Board of Aldermen and shall
disqualify himself/herself from voting on any matters relating to
this interest.
[Ord. No. 5886 §3, 8-9-2005; Ord. No. 5947 §3, 8-22-2006; Ord. No. 5982 §3, 7-10-2007; Ord. No. 6023 §3, 7-8-2008; Ord. No. 6083 §3, 7-14-2009]
A. Each
elected official, the City Manager as Chief Administrative Officer,
the City Manager or someone appointed by him as provided in Article
VII, Section 3 of the Clayton Charter as the Chief Purchasing Officer
and the full-time general counsel, if any, shall disclose the following
information by May first (1st) 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 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; 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 such person 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.
3. The
Chief Administrative Officer and the Chief Purchasing Officer also
shall disclose by May first (1st) for the previous calendar year the
following information:
a. The
names and addresses 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 owned; the name,
address and the general nature of the business conducted of each general
partnership and joint venture in which he 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 partnership units; 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 person owned two percent
(2%) or more of any class of outstanding stock, limited 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. 5886 §4, 8-9-2005; Ord. No. 5947 §4, 8-22-2006; Ord. No. 5982 §4, 7-10-2007; Ord. No. 6023 §4, 7-8-2008; Ord. No. 6083 §4, 7-14-2009]
The reports, in a form acceptable to the Missouri Ethics Commission,
shall be filed with the City Clerk and with the Missouri Ethics Commission
in accordance with the Commission's requirements. The reports shall
be available for public inspection and copying during normal business
hours.
[Ord. No. 5886 §5, 8-9-2005; Ord. No. 5947 §5, 8-22-2006; Ord. No. 5982 §5, 7-10-2007; Ord. No. 6023 §5, 7-8-2008; Ord. No. 6083 §5, 7-14-2009]
A. 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 first (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.
[CC 1970 §17-118; Ord. No. 5391 §3, 10-28-1997]
A. The following
provisions, in substantially the form set forth below, shall be incorporated
in all contracts and agreements with governmental bodies, governmental
entities and private parties and corporations wherein the City's public
powers, obligations, consents or funds or other financial obligation
are involved:
1. The
parties agree to abide by all applicable Federal, State and local
laws, ordinances and regulations relating to conflicts of interest.
Additionally, but not in limitation of the foregoing, no elected official
or other official of the City having any power of review or approval
of any of the undertakings contemplated by the agreement shall knowingly
participate in any decision(s) relating thereto which affect his/her
personal interests or those of his/her immediate family or those of
any corporation or partnership in which he/she or a member of his/her
immediate family is directly or indirectly interested.
2. The
City shall not knowingly, after due inquiry, employ or contract with
any person if a member of his/her immediate family is a member of
the Board of Aldermen or is employed by the City in an administrative
capacity (i.e., those who have selection, hiring or supervisory or
operational responsibility for the work to be performed pursuant to
this agreement); provided however, that the foregoing shall not apply
to temporary or seasonal employment. The City shall not knowingly,
after due inquiry, employ or contract with any corporation or partnership
if an elected official of the City or a person employed by the City
in an administrative capacity (as defined in the foregoing sentence)
or a member of the immediate family of such elected official or person
employed in an administrative capacity shall have an interest, directly
or indirectly, therein.
3. For
the purposes of this Section, "immediate family" includes:
husband, wife, son, daughter, father, mother, brother, sister, brother-in-law,
sister-in-law, father-in-law, mother-in-law, uncle, aunt, nephew,
niece, stepparent and stepchild.
4. For
purposes of this Section, a person shall be deemed to have an interest
in a corporation or partnership if he/she or any member of his/her
immediate family shall own, whether singularly or collectively, directly
or indirectly, ten percent (10%) more of any corporation or partnership
or shall own an interest having a value of ten thousand dollars ($10,000.00)
or more therein or an individual or a member of his/her immediate
family shall receive, whether singularly or collectively, directly
or indirectly, of a salary, gratuity or other compensation or remuneration
of five thousand dollars ($5,000.00) or, per year therefrom.
5. In the
event that any or all of the foregoing provision(s) shall conflict
with Federal, State or other local laws, ordinances or regulations,
then the requirements of such Federal, State or local laws, ordinances
or regulations shall prevail. Compliance with the foregoing provisions
shall not relieve parties contracting with the City from adherence
to any and all additional requirements regarding conflicts of interest
set forth in such Federal, State or other local laws, ordinances or
regulations.
[Ord. No. 6114 §1, 8-10-2010]
Any person violating any part of this Chapter shall be prosecuted under the general penalty ordinance of the City of Clayton as set forth at Section
100.110 of the Code of Ordinances.