City of Parkville, MO
Platte County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
Editor’s Note: This ordinance provided for the repeal of former Ch. 107, Code of Ethics. It also provided that it shall remain in full force and effect for two (2) years from the date of passage. Former Ch. 107 derived from Ord. No. 1238 §§ 1–5, 9-3-1991; Ord. No. 1897 §§ 1–5, 8-15-2000; Ord. No. 2129 §§ 1–5, 5-18-2004; Ord. No. 2202 §§ 1–17, 6-21-2005; Ord. No. 2207 §§ 1–17, 8-2-2005; Ord. No. 2236, 2-7-2006; Ord. No. 2438, 9-2-2008.
[Ord. No. 2773 §2, 8-19-2014]
The proper operation of democratic 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 Code of Ethics for all officials and employees of the City of Parkville, whether elected or appointed, paid or unpaid, and a Municipal Officials Ethics Commission. The purpose of this Chapter is to establish ethical standards of conduct for all officials and employees by setting forth those acts or actions that are incompatible with the best interests of the City and by directing disclosure by such officials and employees of private financial or other interests in matters affecting the City. The provisions and purpose of this Chapter and such rules and regulations as may be established are hereby declared to be in the best interests of the City. This Chapter shall apply to the Board of Aldermen, paid employees and members of all boards and commissions.
[Ord. No. 2773 §2, 8-19-2014]
Public officials and employees are agents of public purpose and hold office for the benefit of the public. They are bound to uphold the Constitution of the United States and the Constitution of this State and to carry out impartially the laws of the Nation, State and municipality and thus to foster respect for all government. They are bound to observe in their official acts the highest standards of morality and to discharge faithfully the duties of their office, regardless of personal considerations, recognizing that the public interest must be their primary concern. Their conduct in both their official and private affairs should be above reproach.
[Ord. No. 2773 §2, 8-19-2014]
A. 
A person shall receive orientation training on ethics after election as either a member of the Board of Aldermen or Mayor or appointment to a City board, commission or committee and within a reasonable length of time after taking office. It shall be the responsibility of the City Administrator or his/her designee to provide this training, which shall include: legislative procedures, applicable Sections of Chapter 105, RSMo. (Conflict of Interest and Missouri Ethics Commission); Chapter 130, RSMo., (Campaign Financial Disclosure); Chapter 610, RSMo. (the Sunshine Law); and this Code of Ethics.
B. 
The City Administrator shall furnish each elected or appointed official with a written synopsis of the functions and responsibilities of each City department and a synopsis of the City financing sources, including definition of terms. Elected and appointed officials will have the opportunity to meet with each department head and receive orientation on that department's functions and responsibilities and to meet with the City Administrator or his/her designee and receive orientation on any compensation and benefits.
[Ord. No. 2773 §2, 8-19-2014]
A. 
Canvassing of members of the Board of Aldermen, directly or indirectly, in order to obtain preferential consideration in connection with employment by the City shall disqualify the candidate for employment.
B. 
No official or employee shall request or permit the use of City-owned vehicles, equipment, materials or property for personal convenience or profit, except when such services are available to the public generally or are provided as municipal policy for the use of such official or employee in the conduct of official business.
[Ord. No. 2773 §2, 8-19-2014]
A. 
All elected and appointed officials, as well as employees of a political subdivision, must comply with Section 105.454 of Missouri Revised Statutes on conflicts of interest, as well as any other State law governing official conduct.
B. 
Any member of the governing body of a political subdivision who has a "substantial or private interest" in any measure, bill, order or ordinance proposed or pending before such governing body must disclose that interest to the secretary or clerk of such body, and such disclosure shall be recorded in the appropriate Journal of the governing body. "Substantial or private interest" is defined as ownership by the individual, his spouse, or his dependent children, whether singularly or collectively, directly or indirectly, of:
1. 
Ten percent (10%) or more of any business entity involved; or
2. 
An interest having a value of ten thousand dollars ($10,000) or more in the matter; or
3. 
The receipt of a salary, gratuity, or other compensation or remuneration of five thousand dollars ($5,000) or more from any individual, partnership, organization or association within any calendar year.
C. 
Elected and appointed officials should avoid the appearance of impropriety by refraining from engaging in conduct that appears to make their decisions influenced by other City officials rather than being arrived at independently. As an example, an official should avoid hiring or retaining another member of the same board, commission or committee as an employee, being hired or retained as an employee by another City official, rendering financial assistance to another City official, providing to another City official a gift or engaging in any activity wherein the general public would believe the relationship would have the effect of influencing any decisions being made.
D. 
Other situations may not be covered by these guidelines. In these situations, members of the Board of Aldermen, employees and members of all City boards and commissions are encouraged to seek counsel from the City Attorney prior to acting. Again, it is important to note that the appearance of fairness and impartiality is as important as actual fairness and impartiality. When a conflict of interest does occur, the following steps should be taken:
1. 
The member or official must declare and the record should show that a conflict of interest exists with respect to a particular issue and that the member will not participate in any discussion or action;
2. 
The member or official shall explain and the record should show what constitutes the specific conflict;
3. 
The member must step down from his or her regular seat and leave the room;
4. 
The member should not speak with any other members during or prior to the discussion of the issue at hand;
5. 
The member should not represent or speak on behalf of any interested party but may utilize a representative to convey his or her own position as a private citizen during the discussion of the issue at hand; and
6. 
The member must not discuss the issue privately with any other member voting on the matter.
[Ord. No. 2773 §2, 8-19-2014]
A. 
Penalty. Violation of any provision of this Chapter may be punished by a fine of not less than one dollar ($1.00) and not more than five hundred dollars ($500.00), by imprisonment for a period not to exceed ninety (90) days, by restitution, or by any or all of the above.
B. 
Administrative Sanction. Violation of any provision of this Chapter may constitute a cause of suspension, removal from office or employment or other disciplinary action by the Board of Aldermen pursuant to applicable City ordinances and State Statutes.
C. 
Ethics Commission Determination. Any complaint alleging a violation of this Chapter shall first be submitted to the Municipal Officials Ethics Commission (see Section 107.100 herein) for a hearing and advisory determination before institution of any court action by the City Prosecutor or disciplinary proceedings by the Board of Aldermen under Subsection (B). All proceedings for imposing penalties under Subsection (A) of this Section shall be prosecuted in the Municipal Court of Parkville unless ordered otherwise by the Presiding Judge of the Circuit Court of Platte County.
[Ord. No. 2773 §2, 8-19-2014]
A. 
No elected official, appointee or employee of the City serving in an executive or administrative capacity shall perform any service for any monetary or in-kind compensation during one (1) year after termination of his or her office or employment by which performance he or she attempts to influence a decision of the City or any department or agency thereof.
B. 
This Section shall not be construed to prevent any person from:
1. 
Performing such service and receiving compensation therefor in an adversary proceeding having a record or right of appeal or in the preparation or filing of any public document as long as only publicly available information is utilized in the performance of duties in any adversary proceeding.
2. 
Submitting any bid and participating in any contract from a successful bid with the City for any goods or services which will be awarded to the lowest and best bidder.
[Ord. No. 2773 §2, 8-19-2014]
No member of any board, commission or committee should, alone or in concert with any other members of the same board, commission or committee, engage in any act which could be construed by the general public as an official action of that board, commission or committee unless such action has been taken by motion or resolution. A board, commission or committee can only act in its official capacity by motion or resolution. This rule prohibits any member of any board, commission or committee, or members acting in concert with each other, from engaging in any oral or written communications which identify their conduct as the conduct of the board, commission or committee, unless such action has been taken by motion or resolution. Any personal opinion or position taken by an elected or appointed official must be represented as a personal opinion as a private citizen unless said position has been adopted by motion or resolution of the elected or appointed body in which the official serves.
[Ord. No. 2773 §2, 8-19-2014]
When any member of any board, commission or committee formed pursuant to the ordinances of the City of Parkville participates in any activity on behalf of any candidate for public office in any municipal election of the City of Parkville wherein that person identifies himself (herself) as a member of that board, commission or committee as part of the activity on behalf of such candidate, such member shall affirmatively State that his or her activities are in no way sanctioned or connected to the board, commission or committee on which he or she serves.
[Ord. No. 2773 §2, 8-19-2014]
A. 
There is hereby created a Municipal Officials Ethics Commission, which shall have the power and duty to render advisory opinions to the Board of Aldermen in all ethics complaints and to investigate and report on allegations of violations of the City Code of Ethics and ordinance provisions concerning conflicts of interest and financial disclosure by all elected and appointed officials, as well as all employees of the political subdivision. The Commission may call upon the City Attorney, the City Treasurer or other appropriate public official to assist in an investigation or may utilize outside counsel or staff if it is reasonable and necessary to properly complete its work.
B. 
The Commission, with the concurrence of at least three (3) members, may issue advisory opinions upon the written request by any member of the Board of Aldermen, the Mayor or the City Administrator. Such advisory opinions shall remain closed until the advisory opinion is provided to the Board of Aldermen.
C. 
The Commission, with the affirmative vote of at least three (3) of its members, upon the sworn complaint of any resident of the City or upon its own initiative, may investigate an alleged violation and issue an advisory opinion on the complaint. The Commission shall have the power to examine witnesses under oath or affirmation and can request persons necessary for its investigation to appear before it and produce any records or documents it believes relevant.
D. 
The Commission shall, upon receiving such sworn complaint or following its own affirmative vote to consider an investigation, notify the municipal official, in writing, of the nature of the alleged complaint. The municipal official shall be given at least ten (10) days to provide the Commission with such information as he or she deems appropriate to explain or justify the circumstances. At the request of the municipal official or on its own initiative, the Commission shall hold a hearing where the municipal official can provide evidence and testimony and examine any other witness that testifies. Thereafter, the Commission shall issue its advisory opinion, which can include the Commission's recommendations. The Commission shall provide the municipal official or responding party five (5) business days to respond to the advisory opinion and recommendations. Thereafter, the Commission shall forward its advisory opinion and recommendations to the Board of Aldermen.
[Ord. No. 2773 §2, 8-19-2014]
A. 
The Commission shall consist of five (5) members appointed by the Mayor and Board of Aldermen as herein provided. The Mayor shall appoint (1) member, who shall be the Chairperson of the Commission and shall serve for five (5) years. The Board of Aldermen shall appoint four (4) members, one (1) from each aldermanic district. Commissioners shall serve for five (5) years, except that in the first year, two (2) members shall serve for three (3) years, and two (2) members shall serve for two (2) years. The determination as to who serves three (3) years and who serves two (2) years shall be decided by lot. All Commission members shall serve until their successors are duly appointed. In the event of a vacancy due to a resignation or otherwise, the successor shall be appointed for the balance of the unexpired term.
B. 
All Commissioners shall be residents of the City and shall serve without compensation but may be reimbursed their necessary and reasonable expenses. No members of the Commission shall hold any other public office or be a candidate for same in Parkville.
C. 
Commission members may be removed for cause, for violating the provisions of Subsection (B) hereof, refusal to serve or malfeasance in office by the Board of Aldermen.
[Ord. No. 2773 §2, 8-19-2014]
If any part of Sections 107.100 and 107.110 shall be declared invalid by an Appellate Court of this State, it is the express intent that Sections 107.100 and 107.110 hereof be deemed totally invalid.
[Ord. No. 2773 §2, 8-19-2014]
Each elected official, candidate for elective office and the chief administrative officer shall disclose the following information by May 1, or the appropriate deadline as referenced in Section 105.487, RSMo., if any transactions occurred during the previous calendar year:
A. 
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), 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.
B. 
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), 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.
C. 
The chief administrative officer and candidates for either of these positions also shall disclose by May 1, or the appropriate deadline as referenced in Section 105.487, RSMo., the following information for the previous calendar year:
1. 
The name and address of each of the employers of such person from whom income of one thousand dollars ($1,000) or more was received during the year covered by the statement;
2. 
The name and address of each sole proprietorship that he owned; the name, address and the general nature of the business conducted by 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 by 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.
[Ord. No. 2773 §2, 8-19-2014]
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. 
Every person required 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 Board of Aldermen 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.
2. 
Each person appointed to office shall file the statement within thirty (30) days of such appointment or employment, covering the calendar year ending the previous December 31.
3. 
Every candidate required to file a personal financial disclosure statement shall file no later than fourteen (14) days after the close of filing at which the candidate seeks election. The time period of this statement shall cover the twelve (12) months prior to the closing date of filing for candidacy.
B. 
Financial disclosure reports giving the financial information required in Subsection (A)(3) above shall be filed with the local political subdivision and with the Missouri Ethics Commission. The reports shall be available for public inspection and copying during normal business hours.