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Charter Reference — Conflicts of interest, §13.11.
Cross Reference — Personnel, Ch. 115.
[Ord. No. 74-89 §§1,14, 8-21-1974]
The following terms shall have the meaning as herein defined for purposes of this Article:
BRIBE
Any money, goods, service or benefit, other than compensation authorized by law, offered or received with the intent to influence official action, or lack of action, by any individual.
BUSINESS ENTITY
A corporation, association, firm, partnership, sole proprietorship, joint venture, or business entity of any kind or character.
CAMPAIGN CONTRIBUTIONS
Any item, including cash, or service given or received to promote the candidacy of any individual or individuals. No gift, item, donation or services shall be considered a campaign contribution if given or received at any time other than the six-month period prior to the election for which the recipient is a lawful candidate.
DIRECTLY BENEFIT
To derive special private advantage as opposed to a general advantage derived as a member of a large class or of the public at large.
ELECTED OFFICIAL
The Mayor, members of the City Council and the Municipal Court Judge.
EMPLOYEE
Any individual occupying any position as outlined in the Bridgeton Personnel Ordinance, or compensated for employee services from funds derived from the general revenue or appropriated by the City Council, whether full-time, part-time or seasonal, excluding elected officials. This definition includes all appointed employees and employees of any City of Bridgeton enterprise, Board, Commission, Committee or Agency.
IMMEDIATE FAMILY
The officer or employee and his spouse and their parents, children, brothers, sisters, and spouses thereof.
IMPROPER GRATUITY
Any item, gift, service or benefit to the recipient, received from a single donor, company or organization, having a fair market value greater than twenty-five dollars ($25.00), or items, gifts or services having an aggregate value of more than one hundred dollars ($100.00) during any twelve-month period, except campaign contributions as herein defined.
MEMBER OF BOARD OR COMMISSION
Any member, chairman or other voting member of any Board, Commission or Committee authorized by Charter, State Statute, or ordinance, or other such group exercising any authority for municipal funds.
MODEST TOKEN OF APPRECIATION
Any item received from a single donor, company or organization, other than monetary funds given or received, or service rendered as a token of appreciation or friendship, having a fair market value of less than twenty-five dollars ($25.00).
SUBSTANTIAL INTEREST
Ownership by the individual or any member of his immediate family, directly or indirectly, of ten percent (10%) or more of any business entity.
Throughout this Article, the general use of the masculine pronoun is intended to be applicable and shall apply equally to members of either sex.
[Ord. No. 74-89 §2, 8-21-1974]
No individual or business entity shall offer a bribe to any elected official, employee or member of any Board or Commission, and no elected official, employee or member of any Board or Commission shall solicit, accept or knowingly receive any bribe or improper gratuity. This Section is not intended to include a modest token of appreciation as defined in Section 105.330.
[Ord. No. 74-89 §3, 8-21-1974]
No elected official, employee or member of any Board or Commission, with voting, recommending or decision-making authority for contracts or purchases, shall have a substantial interest in any contract with the City, or directly benefit, in any sale or purchase for which voting, recommending or decision-making authority is exercised, involving municipal or other government funds, except as provided in Section 105.360 of this Article.
[Ord. No. 74-89 §4, 8-21-1974]
A. 
An elected official or member of any Board or Commission who is requested or otherwise authorized to vote on any motion, contract, purchase or other financial transaction involving City or government funds when a conflict of interest exist, or the probability of a conflicting financial interest may exist, shall take the following action:
1. 
Publicly declare that a conflict of interest does or may exist;
2. 
Refrain from casting a vote on the motion for which the conflict of interest may exist.
B. 
Any journal or minutes recorded for a meeting in which action was taken as provided in this Section shall indicate that the individual or individuals refrained from voting as provided by this Section. Such failure to vote shall not be considered or recorded as an "aye" or "nay" vote, or an opinion or vote with the majority of the other voting members.
[Ord. No. 74-89 §5, 8-21-1974]
Any elected official or candidate for any public office receiving a campaign contribution greater than fifty dollars ($50.00) from an individual, organization, business enterprise, corporation or similar group, or an aggregate of fifty dollars ($50.00) from an individual or members of any such group during the most recent twelve-month period shall be deemed to have a financial interest in any legislative or significant administrative or judicial action involving the party from whom the campaign contribution was received, as defined in Sections 105.350 and 105.360 of this Article. A campaign contribution to a Committee, organization or individual other than the candidate for the purpose of promoting his candidacy shall be considered a campaign contribution to the candidate.
[Ord. No. 74-89 §6, 8-21-1974; Ord. No. 74-102 §1, 9-18-1974; Ord. No. 75-27 §1, 4-9-1975; Ord. No. 92-12 §§1-2, 3-2-1992; Ord. No. 01-31 §1, 6-6-2001]
A. 
Nepotism, as defined and restricted in Article VII, Section 6, and elsewhere in the Constitution of the State of Missouri, shall be prohibited. No relative of any elected City of Bridgeton Official or the Administrative Assistant shall be employed by the City or by any Board, agency or Commission, or receive employee compensation from City or other government funds; provided however, this Section shall not apply to a person who may be an employee of the City at the time a relative of such person may be elected to City office so long as such person remains in the continuous employment of the City. The term "relative" shall be kinship to the fourth degree as expressed in Article VII, Section 6 of the Constitution of the State of Missouri. Nepotism as prohibited in this Section shall also be considered a financial interest.
B. 
Notwithstanding any of the requirements and restrictions in Subsection (A) of this Section, relatives of regular or full-time employees may not be hired for full-time employment with the City as indicated: grandmother, grandfather, mother, father, wife, husband, daughter, son, daughter-in-law, son-in-law, sister, brother, granddaughter, grandson. Relatives by blood or marriage of any department head shall not be hired as a full-time employee of the City.
C. 
Notwithstanding the restrictions on employment set forth in Subsection (B) above, existing active employees are exempt from the provisions thereof as long as they maintain continuous employment with the City.
[Ord. No. 74-89 §7, 8-21-1974]
It shall be prohibited for any person, having been an elected official, Board or Commission member, or employee of the City of Bridgeton, within six (6) months after the termination of his service or employment, knowingly to act as agent or attorney for anyone other than the City of Bridgeton in connection with any judicial or other proceeding, application, claim, or other particular matter in which the City of Bridgeton is a party or has a direct and substantial interest, and in which he participated personally and substantially as an elected official or employee while so employed.
[Ord. No. 74-89 §8, 8-21-1974]
Any violation of this Article shall render the contract, purchase or administrative or legislative action in conjunction with the violation voidable. Full reimbursement to the City of Bridgeton, plus interest and reasonable legal costs, of any amounts paid pursuant to a void contract shall be required if so declared by the Mayor or upon the affirmative vote by a majority of the entire City Council.
[Ord. No. 74-89 §9, 8-21-1974]
The Personnel Director of the City of Bridgeton shall immediately terminate the employment of any individual determined to be in a violation of Section 105.380 of this Article, or refer all applicable data to the Chief of Police and prosecuting attorney within five (5) days.
[Ord. No. 74-89 §10, 8-21-1974; Ord. No. 02-67 §1, 11-20-2002; Ord. No. 04-50 §1, 10-6-2004]
It shall be unlawful for any person, persons or organization to violate any provision of this Article, and any person violating this Article shall, upon conviction, be punished by a fine of not less than one dollar ($1.00) nor more than one thousand dollars ($1,000.00), or by confinement not exceeding thirty (30) days, or by both such fine and confinement. No fine imposed upon conviction shall be suspended.
[Ord. No. 74-89 §11, 8-21-1974; Ord. No. 02-67 §1, 11-20-2002]
The employment of any employee convicted of any violation of this Article shall be immediately terminated. No employee so terminated shall be re-employed in any position by the City, or any agency, Board or Commission thereof, for a period of two (2) years.
[Ord. No. 74-89 §12, 8-21-1974; Ord. No. 02-67 §1, 11-20-2002]
The conviction of any elected official, or member of any Board or Commission, for violation of this Article shall constitute grounds for forfeiture of office as provided in Sections 2.01, 2.04, 3.04, 13.11, and other Sections of the City Charter.
[Ord. No. 74-89 §13, 8-21-1974; Ord. No. 02-67 §1, 11-20-2002]
A copy of this Article, and all subsequent amendments thereto, shall be provided or made available to each elected official, employee and members of all Boards and Commissions by the Mayor within ten (10) days of the election, employment or appointment of such individual.