[1]
Editor's Note: The City readopts these provisions every two (2) years as required by State law.
[R.O. 2011 § 115.270; R.O. 2009 § 31.60; CC 1981 § 2-551; Ord. No. 93-184, 8-25-1993; Ord. No. 94-212, 8-17-1994; Ord. No. 00-239, 9-6-2000; Ord. No. 08-157, 8-20-2008]
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 established a procedure for disclosure by certain officials and employees of private financial or other interests in matters affecting the City.
[R.O. 2011 § 115.290; R.O. 2009 § 31.61; CC 1981 § 2-552; Ord. No. 93-184, 8-25-1993; Ord. No. 94-212, 8-17-1994; Ord. No. 00-239, 9-6-2000; Ord. No. 08-157, 8-20-2008]
This Article is enacted under the authority of Section 105.485.4, RSMo., which authorizes the City to adopt its own method of disclosing potential conflicts of interest and substantial interests and thereby excludes the City and its officers and employees from the requirements of Section 105.485.2, RSMo.
[R.O. 2011 § 115.300; R.O. 2009 § 31.62; CC 1981 § 2-553; Ord. No. 93-184, 8-25-1993; Ord. No. 94-212, 8-17-1994; Ord. No. 00-239, 9-6-2000; Ord. No. 08-157, 8-20-2008]
A. 
Any member of the City Council who has a substantial personal or private interest in any measure, bill, order or ordinance proposed or pending before the City Council shall, before passing on the measure, bill, order or ordinance, file a written report of the nature of the interest with the City Clerk and such statement shall be recorded in the City's journal or other record of proceedings.
B. 
Any member of the City Council shall be deemed to have complied with the requirements of this Section if the member has filed, at any time before the member passes on such measure, bill, order or ordinance, a financial interest statement pursuant to Sections 105.483 through 105.492, RSMo., which discloses the basis for the member's substantial personal or private interest or interests that the member may have therein. Any such member may amend the member's financial interest statement to disclose any subsequently acquired substantial interest at any time before the member passes on any measure, bill, order or ordinance and shall be relieved of the provisions of Subsection (A) of this Section.
C. 
As used in this Section, the following terms mean:
SUBSTANTIAL PERSONAL OR PRIVATE INTEREST IN ANY MEASURE, BILL, ORDER OR ORDINANCE
Any interest in a measure, bill, order or ordinance which results from a substantial interest in a business entity.
SUBSTANTIAL INTEREST
Ownership by the individual, spouse or dependent children, whether singularly or collectively, directly or indirectly, of ten percent (10%) or more of any business entity or of any interest having a value of ten thousand dollars ($10,000.00) or more or the receipt by an individual, spouse or 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.
[R.O. 2011 § 115.310; R.O. 2009 § 31.63; CC 1981 § 2-554; Ord. No. 93-184, 8-25-1993; Ord. No. 94-212, 8-17-1994; Ord. No. 00-239, 9-6-2000; Ord. No. 04-176, 8-4-2004; Ord. No. 07-162, 6-11-2007; Ord. No. 08-157, 8-20-2008; Ord. No. 17-180 § 1, 9-20-2017; Ord. No. 18-175; 8-21-2018; Ord. No. 20-002, 1-7-2020; Ord. No. 24-133, 10-30-2024]
A. 
The following persons shall disclose the information required by Section 115.320 of this Chapter:
1. 
Mayor;
2. 
Councilmembers;
3. 
Candidates for Mayor or Council;
4. 
Director of Administration; and Assistant Director(s) of Administration;
5. 
City Attorney and Assistant City Attorney;
6. 
City Clerk;
7. 
Purchasing Manager;
8. 
Director of Public Works;
9. 
Director of Community Development;
10. 
Director of Finance;
11. 
Director of Parks and Recreation;
12. 
Police Chief;
13. 
Fire Chief;
14. 
Director of Convention and Visitors Bureau;
15. 
Director of Economic Development;
16. 
Director of Human Resources;
17. 
Director of Innovation and Technology;
18. 
Director of Engineering;
19. 
Director of Special Events and Communications; and
20. 
Members of boards and commissions:
a. 
Board of Adjustment;
b. 
Planning and Zoning Commission; and
c. 
Parks and Recreation Board.
21. 
Municipal judge.
[R.O. 2011 § 115.320; R.O. 2009 § 31.64; CC 1981 § 2-555; Ord. No. 93-184, 8-25-1993; Ord. No. 94-212, 8-17-1994; Ord. No. 97-387, 11-5-1997; Ord. No. 00-239, 9-6-2000; Ord. No. 08-157, 8-20-2008]
A. 
The persons listed in Section 115.310 of this Chapter shall disclose, in writing, the following information if 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.
B. 
The persons listed in Section 115.310 of this Chapter shall also disclose, in writing, for the previous calendar year the following information:
1. 
The name and address of each of the employers of such person for whom income of one thousand dollars ($1,000.00) or more was received during the year covered by the statement;
2. 
The name and address of each sole proprietorship that the person owned; the name, address and the general nature of the business conducted of each general partnership and joint venture in which the person 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 names, 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;
3. 
The name and address of each corporation for which such person served in the capacity of a director, officer or receiver.
C. 
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 candidate for elective office 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 becoming a candidate. An individual required to file a financial interest statement because of candidacy for office prior to a primary election in accordance with this Section 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. The City Clerk and 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 pursuant to this Section and Sections 105.483 through 105.492, RSMo., and the candidate shall sign a statement acknowledging receipt of such notice;
2. 
Each person appointed to office and each official or employee described in Section 115.310 who is not otherwise covered in this Subsection shall file the statement within thirty (30) days of such appointment or employment;
3. 
Every other person required by this Chapter 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 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;
4. 
The deadline for filing any 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 or Sunday or official holiday. Any statement required within a specified time shall be deemed to be timely filed if it is postmarked not later than Midnight of the day previous to the last day designated for filing the statement.
D. 
Penalties.
[Ord. No. 21-137, 9-7-2021]
1. 
Any person required to file a financial interest statement pursuant to this Section 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 Section. 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 prosecuting attorney, at the request of the Missouri Ethics Commission, may take appropriate legal action to enforce the provisions of this Section.
2. 
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.
3. 
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.
[R.O. 2011 § 115.330; R.O. 2009 § 31.65; CC 1981 § 2-556; Ord. No. 93-184, 8-25-1993; Ord. No. 94-212, 8-17-1994; Ord. No. 00-239, 9-6-2000; Ord. No. 08-157, 8-20-2008]
The City Clerk shall notify the persons listed in Section 115.310 of the requirements of this Article and of the State Statutes at least thirty (30) days prior to any filing deadline.
[R.O. 2011 § 115.340; R.O. 2009 § 31.66; CC 1981 § 2-557; Ord. No. 93-184, 8-25-1993; Ord. No. 94-212, 8-17-1994; Ord. No. 00-239, 9-6-2000; Ord. No. 08-157, 8-20-2008]
The City Clerk shall make available to the persons listed in Section 115.310 the appropriate forms for filing in compliance with the State Statutes and this Article.
[R.O. 2011 § 115.350; R.O. 2009 § 31.67; CC 1981 § 2-558; Ord. No. 93-184, 8-25-1993; Ord. No. 94-212, 8-17-1994; Ord. No. 00-239, 9-6-2000; Ord. No. 08-157, 8-20-2008]
The reports, in the format of a signed letter, shall be filed with the State Ethics Commission and the City Clerk. The reports shall be available for public inspection and copying during normal business hours.
[R.O. 2011 § 115.360; R.O. 2009 § 31.68; CC 1981 § 2-559; Ord. No. 93-184, 8-25-1993; Ord. No. 94-212, 8-17-1994; Ord. No. 00-239, 9-6-2000; Ord. No. 08-157, 8-20-2008]
The City Clerk shall send a certified copy of the ordinance upon which this Article is based to the Missouri Ethics Commission within ten (10) days of its adoption.