[R.O. 2008 §125.010; R.O. 2007 § 125.010; Ord. No. 4113 § 2, 8-29-2000; Ord.
No. 4403 § 2, 8-22-2002; Ord. No. 4717 § 2, 8-30-2004; Ord.
No. 4894 § 2, 8-29-2005; Ord. No. 5055 § 2, 9-8-2006; Ord.
No. 5357 § 2, 8-14-2008; Ord. No. 5512 § 2, 10-8-2009; Ord.
No. 5611 § 2, 8-12-2010; Ord. No. 5806 § 2, 8-23-2012; Ord.
No. 5932 § 2, 9-12-2013; Ord. No. 6028 § 2, 9-11-2014; Ord. No. 6127 § 2, 8-27-2015; Ord. No. 6256 § 2, 9-22-2016; Ord. No. 6377 § 2, 8-24-2017; Ord. No. 6491, 8-23-2018; Ord. No. 6599, 8-22-2019; Ord. No. 6702, 8-27-2020; Ord. No. 6818, 8-26-2021]
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 and other
interest in matters affecting the City.
[R.O. 2008 § 125.020; R.O. 2007
§ 125.020; Ord. No. 4113 § 3, 8-29-2000; Ord. No. 4403 § 3, 8-22-2002; Ord.
No. 4717 § 3, 8-30-2004; Ord. No. 4894 § 3, 8-29-2005; Ord.
No. 5055 § 3, 9-8-2006; Ord. No. 5357 § 3, 8-14-2008; Ord.
No. 5512 § 3, 10-8-2009; Ord. No. 5611 § 3, 8-12-2010; Ord.
No. 5806 § 3, 8-23-2012; Ord. No. 5932 § 3, 9-12-2013; Ord. No. 6028 § 3, 9-11-2014; Ord. No. 6127 § 3, 8-27-2015; Ord. No. 6256 § 3, 9-22-2016; Ord. No. 6377 § 3, 8-24-2017; Ord. No. 6491, 8-23-2018; Ord. No. 6599, 8-22-2019; Ord. No. 6702, 8-27-2020; Ord. No. 6818, 8-26-2021]
The Mayor or any member of the City
Council who has a substantial personal or private interest, as defined
by State law, in any bill, shall disclose on the records of the City
Council the nature of his/her interest and shall disqualify himself/herself
from voting on any matters relating to this interest.
[R.O. 2008 § 125.030; R.O. 2007
§ 125.030; Ord. No. 4113 § 4, 8-29-2000; Ord. No. 4403 § 4, 8-22-2002; Ord.
No. 4717 § 4, 8-30-2004; Ord. No. 4894 § 4, 8-29-2005; Ord.
No. 5055 § 4, 9-8-2006; Ord. No. 5357 § 4, 8-14-2008; Ord.
No. 5512 § 4, 10-8-2009; Ord. No. 5611 § 4, 8-12-2010; Ord.
No. 5806 § 4, 8-23-2012; Ord. No. 5932 § 4, 9-12-2013; Ord. No. 6028 § 4, 9-11-2014; Ord. No. 6127 § 4, 8-27-2015; Ord. No. 6256 § 4, 9-22-2016; Ord. No. 6377 § 4, 8-24-2017; Ord. No. 6491, 8-23-2018; Ord. No. 6599, 8-22-2019; Ord. No. 6702, 8-27-2020; Ord. No. 6818, 8-26-2021]
A.
Each elected official, the Chief Administrative
Officer and the Chief Purchasing Officer and each official or employee
of the City who is authorized by the City to promulgate rules and
regulations with the force of law, or to vote on the adoption of rules
and regulations with the force of law, shall disclose, in writing,
the following information by May 1 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 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 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.
3.
The Chief Administrative Officer
and the Chief Purchasing Officer also shall disclose, in writing,
by May 1 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 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; 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 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.
[R.O. 2008 § 125.040; R.O. 2007
§ 125.040; Ord. No. 4113 § 5, 8-29-2000; Ord. No. 4403 §§ 5–6, 8-22-2002; Ord.
No. 4717 § 5, 8-30-2004; Ord. No. 4894 § 5, 8-29-2005; Ord.
No. 5055 § 5, 9-8-2006; Ord. No. 5357 § 5, 8-14-2008; Ord.
No. 5512 § 5, 10-8-2009; Ord. No. 5611 § 5, 8-12-2010; Ord.
No. 5806 § 5, 8-23-2012; Ord. No. 5932 § 5, 9-12-2013; Ord. No. 6028 § 5, 9-11-2014; Ord. No. 6127 § 5, 8-27-2015; Ord. No. 6256 § 5, 9-22-2016; Ord. No. 6377 § 5, 8-24-2017; Ord. No. 6491, 8-23-2018; Ord. No. 6599, 8-22-2019; Ord. No. 6702, 8-27-2020; Ord. No. 6818, 8-26-2021]
A.
No City official or employee subject to Section 125.030 shall:
1.
Act or refrain from acting in any
capacity in which he/she 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/herself 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 paid by the City;
2.
Use confidential information obtained
in the course of or by reason of his/her employment or official capacity
in any manner with intent to result in financial gain for himself/herself,
his/her spouse, his/her dependent children in his/her custody, or
any business with which he/she is associated;
3.
Disclose confidential information
obtained in the course of or by reason of his/her employment or official
capacity in any manner with intent to result in financial gain for
himself/herself or any other person;
4.
Favorably act on any matter that
is so specially designed so as to provide a special monetary benefit
to such person or his/her 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 Chapter, "special monetary benefit" means
being materially affected in a substantially different manner or degree
from the manner or degree in which the public in general will be affected
or, if the matter affects only a special class of person, 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 persons
must recuse themselves from acting;
5.
Use his/her decision-making authority
for the purpose of obtaining a financial gain which materially enriches
himself/herself, his/her spouse or dependent children by acting or
refraining from acting for the purpose of coercing or extorting from
another anything of actual pecuniary value;
6.
Perform any service for the City
for receipt or payment of any compensation, other than of the compensation
provided for the performance of his/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;
7.
Sell, rent or lease any property
to the City in excess of five hundred dollars ($500.00) per transaction
or one thousand five hundred dollars ($1,500.00) 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;
8.
Participate in any matter, directly
or indirectly, in which he/she attempts to influence any decision
of the City when he/she knows the result of the 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 transaction or one thousand five
hundred dollars ($1,500.00) value per annum to him/her, his/her spouse,
to a dependent child in his/her custody or to any business with which
he/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;
9.
Perform any service during the time
of his/her office or employment for any consideration from any person,
firm or corporation, other than the compensation provided for the
performance of his/her official duties, by which service he/she attempts
to influence a decision of the City or employee over which he/she
has supervisory power;
10.
Perform any service for consideration
during one (1) year after termination of his/her office or employment,
by which performance he/she 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;
11.
Perform any service for any consideration
for any person, firm, or corporation after termination of his/her
office or employment in relation to any case, decision, proceeding
or application with respect to which he/she was directly concerned
or in which he/she personally participated during the period of his/her
service or employment.
B.
No sole proprietorship, partnership, joint
venture, or corporation in which any person subject to this Chapter
is the sole proprietor, a partner having more than a ten percent (10%)
partnership interest, or a coparticipant 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 one thousand five hundred dollars ($1,500.00) 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;
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 one thousand five hundred dollars ($1,500.00)
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.
C.
No employee or elected official of the
City who is empowered to adopt a rule or regulation, other than rules
and regulations governing the internal affairs of the City, or who
is empowered to fix any rate, adopt zoning or land use planning regulations
or votes on the adoption of any such rule, regulation, rate or plan,
shall:
1.
Attempt to influence the decision
or participate, directly or indirectly, in the decision of the City
when he/she knows the results of such decisions may be the adoption
of rates or zoning plans by the City which may result in a direct
financial gain or loss to him/her, to his/her spouse or a dependent
child in his/her custody or to any business with which he/she is associated;
2.
Perform any service, during the time
of his/her employment, for any person, firm or corporation for compensation
other than the compensation provided for the performance of his/her
official duties, if by the performance of the service he/she attempts
to influence the decision of the City;
3.
Perform for one (1) year after termination
of his/her employment any service for compensation for any person,
firm or corporation to influence the decision or action of the City;
provided, however, that he/she may, after termination of his/her office
or employment, perform such service for consideration in any adversary
proceeding or in the preparation or filing of any public document
or conference thereon unless he/she participated directly in that
matter or in the receipt or analysis of that document while he/she
was with the City;
4.
No person subject to this Chapter
or any business with which such person is associated shall knowingly
perform any service for, or sell, rent or lease any property to any
person, firm or corporation which has participated in any proceeding
in which the person adopted, participated in the adoption or voted
on the adoption of any rate or zoning plan or the granting or revocation
of any license during the preceding year and received therefor in
excess of five hundred dollars ($500.00) per transaction or one thousand
five hundred dollars ($1,500.00) per annum except on transactions
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.
[R.O. 2008 § 125.050; R.O. 2007
§ 125.050; Ord. No. 4717 § 6, 8-30-2004; Ord. No. 4894 § 6, 8-29-2005; Ord.
No. 5055 § 6, 9-8-2006; Ord. No. 5357 § 6, 8-14-2008; Ord.
No. 5512 § 6, 10-8-2009; Ord. No. 5611 § 6, 8-12-2010; Ord.
No. 5806 § 6, 8-23-2012; Ord. No. 5932 § 6, 9-12-2013; Ord. No. 6028 § 6, 9-11-2014; Ord. No. 6127 § 6, 8-27-2015; Ord. No. 6256 § 69-22-2016; Ord. No. 6377 § 6, 8-24-2017; Ord. No. 6491, 8-23-2018; Ord. No. 6599, 8-22-2019; Ord. No. 6702, 8-27-2020; Ord. No. 6818, 8-26-2021]
A.
Each financial interest statement to be
completed shall be on the form provided for by law, as amended from
time to time.
1.
Time Of Filing. Each candidate for
elective office shall file a financial interest statement no later
than the forty-fifth day after the first day for filing for the election
at which he/she 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 later
than the forty-fifth day after the last day for filing for election,
the statement shall be filed within ten (10) days of his/her becoming
a candidate. The appropriate election authority shall provide to the
candidate at the time of filing for election written notice of the
candidate's obligation to file a financial interest statement. An
individual required to file a financial interest statement because
of the individual's candidacy for office prior to an election is also
required to amend such statement no later than the close of business
on Monday prior to the general election to reflect any changes in
financial interest during the interim. Every other person required
to file a financial interest 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 any member of the City Council may 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. The deadline for filing any required statement 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, Sunday or official State holiday.
2.
Place Of Filing. The financial interest
statement shall be filed with the City Clerk and with the State through
the Ethics Commission.
3.
Public Record. Each financial interest
statement shall be available for public inspection at the office of
the City Clerk during normal business hours.
4.
Penalties. Any person required by
this Chapter to file a financial interest statement who fails to file
such statement by the times required shall, if such person receives
any compensation or other remuneration from public funds for his/her
services, not be paid such compensation or receive such remuneration
until he/she has filed a financial interest statement as required
herein.
[R.O. 2008 § 125.060; R.O. 2007
§ 125.060; Ord. No. 3027 § 1, 5-20-1993]
Elected or appointed officials of
the City of O'Fallon shall not name or appoint to public office or
employment, by virtue of his/her office or employment, any relative
within the fourth degree by consanguinity or affinity.
