[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.
SUBSTANTIAL PERSONAL OR PRIVATE INTEREST IN ANY MEASURE, BILL,
ORDER OR ORDINANCE
SUBSTANTIAL INTEREST
As used in this Section, the following
terms mean:
Any interest in a measure, bill, order or ordinance which
results from a substantial interest in a business entity.
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]
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;
5.
City Attorney and Assistant City
Attorney;
6.
City Clerk;
7.
Purchasing Coordinator;
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.
Communication Technology Director;
[Ord. No. 20-002, 1-7-2020]
18.
Director of Engineering; and
20.
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.
