[R.O. 2008 §2-166; Ord. No. 1235 Art. I, 7-27-1987; Ord. No. 3035 §1, 1-24-2005; Ord.
No. 5184 §1(A), 3-28-2011]
A.
In
order to increase public confidence and trust in the integrity of
elected officials, appointed officials and City employees and to assure
that their actions are independent, impartial and responsible and
that their positions are not used for personal gain, the City has
adopted a code of ethics for all City Officials and employees and
persons that interact with the City.
B.
The
purpose of this Article is to establish guidelines for standards of
conduct for all such officials, employees and other persons by setting
forth those acts or actions that are incompatible with the best interests
of the City and the public and providing a procedure to deal with
allegations and instances of misconduct.
C.
Additionally,
elected officials, appointed officials and employees of the City are
expected to give fair and equal treatment to every person. They shall
not grant special consideration, treatment or advantage to any person.
In other words, elected officials, appointed officials and employees
are expected to afford all persons due process of law and equal protection
of the law. There are existing legal remedies for violations of these
constitutional protections and violators may be subject to removal,
discharge or discipline as provided by applicable laws and regulations.
D.
This
policy also establishes procedures and guidelines regarding the solicitation
and acceptance of donations to the City for use by its citizens, employees
and officials. Employees and officials as individuals are also subject
to the City's Anti-Fraud and Corruption Policy. A uniform set of procedures
shall be followed in solicitation and acceptance of all donations
and proper approval shall be obtained prior to solicitation or acceptance.
All cash, equipment, in-kind services, materials donated to the City,
sponsorship arrangements, and business discount offers to City employees
and/or officials shall be accounted for in accordance with the procedures
set forth in this policy.
[R.O. 2008 §2-167; Ord. No. 1235 Art. II, 7-27-1987; Ord. No. 1435 §1, 1-7-1991; Ord.
No. 1472 §1, 8-26-1991; Ord. No. 1981 §1, 1-25-1999; Ord.
No. 3035 §1, 1-24-2005; Ord. No. 5184 §1(B), 3-28-2011]
The words and terms used in this Article and Sections 14.1 and
14.2 of the Charter of the City shall have the following meanings
unless the text clearly requires otherwise:
An official of the City appointed to their position by the
Mayor and/or City Council, whether salaried or not, including, but
not limited to, a member of a board, commission or committee of the
City. An appointed officer or appointed official shall not be considered
to be an employee.
The City Council regarding any elected officer or elected
official and shall mean the person with immediate supervisory authority
over any appointed officer, appointed official or employee, provided
that the City Administrator and the City Council shall retain respective
ultimate authority in such matters and may determine to act as the
appropriate disciplinary authority.
Any offer, formal or informal, to discount the normal purchase
price of any item for City employees and/or officials because of their
affiliation with the City of Creve Coeur. Such offers may include
coupons, promotional discounts, and other programs that would provide
special discounted rates to City employees and/or officials that are
not extended to the general public.
A corporation, association, firm, partnership, proprietorship
or business entity of any kind or character.
All children, stepchildren, foster children and wards under
the age of eighteen (18) residing in the person's household and who
receive in excess of fifty percent (50%) of their support from the
person.
A monetary contribution and/or equipment, in-kind goods or
services, or business discounts, which a City department or the City
would accept and for which the donor would not receive any goods or
service in return.
Any person elected to public office of the City. An elected
officer or elected official shall not be considered to be an employee.
A full-time or part-time compensated worker of the City,
but shall not include appointed officers, appointed officials, elected
officers or elected officials.
An arrangement in which a person would make a donation in
support of a City event and the City would provide in return benefits
such as name recognition and special participation in the event.
Ownership by the individual, the individual's spouse or the
individual's dependent children, whether singularly or collectively,
directly or indirectly, of ten percent (10%) or more of any business
entity or of an interest having a value of ten thousand dollars ($10,000.00)
or more or the receipt by an individual, the individual's spouse or
the individual's 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. 2008 §2-168; Ord. No. 1235 Art. III, 7-27-1987; Ord. No. 1435 §§2
— 4, 6, 1-7-1991; Ord. No. 3035 §1, 1-24-2005; Ord.
No. 5184 §1(C — D), 3-28-2011]
A.
Conflict Of Interest.
1.
Elected officials, appointed officials and employees of the City
shall comply with the applicable provisions of Sections 105.452, 105.454,
105.458, 105.462, 105.464 and 105.466, RSMo., as the same may be revised
or amended from time to time and subject to all applicable exemptions.
2.
Elected officials, appointed officials and employees of the City shall comply with Section 14.1 of the Charter of the City, which places restrictions on persons when acting in their capacity as a City Official or employee.
3.
Elected officials, appointed officials and employees of the City
shall not request or permit the use of City-owned property for any
purpose except the conduct of City business. No elected official,
appointed official or employee shall, directly or indirectly, attempt
to obtain any service or benefit from City personnel for their own
personal benefit or for the benefit of their spouse, dependent children
or any business entity in which any of them have a substantial interest.
Notwithstanding the foregoing, elected officials, appointed officials
and employees of the City and their spouses, dependent children and
businesses in which any of them have a substantial interest shall
not be precluded from obtaining and using property, service and benefit
from the City on the same terms as such property, service or benefit
is made available to the general public or on other terms as may be
approved by the City Administrator and reported to the City Council.
C.
Donations.
[Ord. No. 5558, 11-27-2017]
1.
Donations And Sponsorships Valued At One Thousand Five
Hundred Dollars ($1,500.00) Or Less.
a.
The City Administrator will consider the guidelines established in Subsection (C)(3) of this policy and either accept or reject offers of donations of money, equipment and in-kind contributions or sponsorships to the City up to one thousand five hundred dollars ($1,500.00).
b.
Donated money will be expended for general purposes or specified
purposes, if agreed upon with the donor, as one-time supplements to
the City's operating budget. Donations of equipment will be considered
based on program outcomes, department goals and needs. Each donation
will be evaluated for usefulness, and costs of potential replacement/rental
rates will be considered. In-kind contributions and sponsorships,
or business discounts for specific events will be treated in the same
way as donated funds.
c.
The City Administrator will accept or reject donations to the
City and sponsorship arrangements with the City and business discount
offers for City employees and/or officials with a cumulative value
of up to one thousand five hundred dollars ($1,500.00). Acceptance
of such discount offers by individuals shall comply with the policies
and procedures set forth in the City's Anti-Fraud and Corruption Policy.
Unless otherwise directed by the City Council, the City Administrator
shall determine any necessary allocation of gifts to the City.
d.
Donations, sponsorships, and business discounts that are approved
by the City Administrator shall be recorded by the office of the City
Administrator. Recorded information shall include the name of the
donor or sponsor, a description of the donation, sponsorship or discount
including approximate material value, and the date of approval by
the City Administrator.
2.
Donations And Sponsorships Valued At More Than One Thousand
Five Hundred Dollars ($1,500.00).
a.
For monetary, equipment and in-kind contributions, sponsorships, or discounts with material values over one thousand five hundred dollars ($1,500.00), a report to the City Council will be written outlining the purpose of each proposed transaction and any relevant considerations of the guidelines provided in Subsection (C)(3). The City Council will decide, on a per-case basis, if donations or sponsorships should be accepted or rejected. Corporations offering in-kind contributions will be requested to state the value of the offered item or service.
b.
All donations and sponsorships valued at more than one thousand
five hundred dollars ($1,500.00) either separately or cumulatively
during a calendar year require City Council approval. Subsequent to
Council's acceptance, procedures for handling transactions of more
than one thousand five hundred dollars ($1,500.00) shall be the same
as those for the acceptance of transactions valued at one thousand
five hundred dollars ($1,500.00) or less.
3.
Guidelines For Accepting Donations. The following
criteria shall be considered in the acceptance or rejection of all
donations:
a.
Does acceptance of funds, equipment or in-kind services, materials,
or business discounts present a conflict of interest for the City
or its employees? Regardless of the value, donations shall not be
accepted if there is reason to believe there may be a conflict of
interest. Examples may include donations from:
(1)
Donors that are involved in a matter under current
review with a pending outcome with any City process such as any zoning
or development matter, building inspection, Police investigation,
Property Maintenance Code investigation, or any investigation into
the violation of Municipal Code.
(2)
Contractors, vendors, or persons seeking to provide
services/materials to the City of Creve Coeur.
b.
Do restrictions upon the use of the item or funds make it practical
to accept?
c.
Do restrictions on disposal or retention of the item or funds
make it practical to accept?
d.
Is required accounting for the item or funds excessively difficult?
e.
Would donated materials or equipment require extensive repair
or maintenance, and if so, is maintenance support available?
f.
Does the equipment or materials require the purchase of additional
items to be useful?
g.
Will the donation result in an increase to the City's budget?
Donations are to be considered one-time supplements and should not
be used to develop new programs or services which would require budget
supplements from the City in the current or subsequent years.
4.
Solicitations.
a.
Solicitation of donations to the City shall be subject to this Subsection (C)(4) as well as the same procedures that would apply to acceptance of an unsolicited donation under Subsection (C)(3). Approval of a solicitation shall constitute approval of acceptance unless the terms and conditions required for acceptance are materially different from those included with the solicitation.
b.
City Officials and employees shall obtain approval prior to
soliciting donations to the City. If the solicitation is for a donation
of one thousand five hundred dollars ($1,500.00) or less, approval
shall be obtained from the City Administrator. If the solicitation
is for a donation of more than one thousand five hundred dollars ($1,500.00),
approval shall be obtained from the City Council.
c.
Other than a donation solicitation approved pursuant to Subsection (C)(4)(b), no elected or appointed City Official or employee of the City shall directly solicit anything of value, for any purpose, from a person or corporation:
d.
City Officials and employees soliciting donations in compliance with this policy (i.e. either with approval or after restrictions no longer apply) from those that are or have previously engaged in the conduct set forth in Subsection (C)(4)(c) of this policy shall make clear that such solicitations are not connected to or presented as requests for payment for services rendered and otherwise strive to avoid any semblance of impropriety.
e.
Those soliciting donations are prohibited from exerting any
form of pressure upon those they have benefited through official acts.
f.
City Officials and employees shall not offer any form of "special
access" to themselves in exchange for donations.
g.
City Officials and employees shall not solicit anything of value,
for a private purpose, through the use of the City's letterhead, official
stationery, assigned City e-mail address, or any other means that
suggest that the solicitation is made with authority or on behalf
of the City.
h.
City Officials shall not directly solicit anything of value
from City employees. City employees shall not directly solicit anything
of value from their subordinates. Notwithstanding the foregoing, fundraising
campaigns directed to all employees may be approved by the City Administrator.
i.
This policy does not apply to solicitations of campaign contributions.
Such activities are subject to separate regulations, including Chapter
130, RSMo.
D.
Violations.
1.
Any complaint regarding a violation of the provisions of Section 130.070(A) or Section 130.070(C) shall be presented to the Missouri Ethics Commission established under Section 105.955, RSMo., or its successor. Upon receipt of a report from the Missouri Ethics Commission under Section 105.961, RSMo., as amended or revised, that indicates that there is probable cause that a violation has occurred, the appropriate disciplinary authority shall determine whether to follow the recommendations contained in the report within the time allowed by Statute (including any stay resulting from an appeal) and whether to take any other appropriate disciplinary action. As provided by Statute, in the case of a person that is an elected official, the appropriate disciplinary authority is the City Council and in the case of a person that is an appointed official or employee, the appropriate disciplinary authority is the person with immediate supervisory authority over the person. However, the City Administrator and City Council retain their respective ultimate supervisory authority in such matters and may determine to act as the disciplinary authority within the constraints of the Charter of the City.
2.
Violations of Section 130.070(B) are subject to prosecution by the City.
E.
Hearings.
1.
In conjunction with determining whether to follow the recommendations
of a report received from the Missouri Ethics Commission or to take
any other appropriate disciplinary action, the appropriate disciplinary
authority shall schedule a hearing.
a.
If the subject of the report is an employee, the provisions of the
Personnel Code and related laws and regulations shall apply.
b.
If the subject of the report is not an employee, then the provisions of this Subsection (D) shall apply. When a hearing is scheduled hereunder, the complainant and respondent shall be given reasonable notice thereof by certified mail. However, if the respondent agrees that he/she has committed a violation as alleged in the complaint, the appropriate disciplinary authority will not hold a hearing, but instead will promptly hold a public meeting to consider the matter and render a decision regarding the appropriate discipline or penalty.
2.
The hearing shall be held within twenty (20) days of the receipt
of the report from the Missouri Ethics Commission unless:
a.
The respondent requests a later date not to exceed twenty (20) additional
days.
b.
The disciplinary authority itself determines that more time is required,
not to exceed twenty (20) additional days.
|
|
On request from the respondent, the disciplinary authority may
grant an expedited date for the hearing.
|
3.
The disciplinary authority may meet prior to the hearing to prepare
for the hearing. Such a meeting shall be a work meeting and no public
comments will be accepted during such a meeting.
4.
The hearing shall be conducted in the manner most conducive to the
determination of the truth and the disciplinary authority shall not
be bound by technical rules of evidence. Decisions made shall not
be invalidated by any informality in the proceedings.
5.
Hearings shall be open meetings under the open meetings and records
policy of the City as provided for by the laws of the State. Notice
of a hearing must be posted in conformance with the above stated policy.
6.
All hearings shall be conducted as follows:
b.
Each side will be permitted an opening statement and closing argument.
The complainant shall first present his/her witnesses and evidence
to sustain the charges. The disciplinary authority may request any
witnesses to appear at a fixed time and/or the production of any records
or material evidence. Failure or inability of the complainant to appear
or produce evidence shall not be grounds for dismissal. The respondent
will then present his/her witnesses and evidence in defense. Rebuttal
may be permitted.
c.
Complainant and respondent will be allowed to examine and cross-examine
witnesses. The disciplinary authority may also examine witnesses through
its counsel.
d.
Both the complainant and the respondent may be represented by legal
counsel at their own expense.
7.
The disciplinary authority shall determine the relevancy, weight
and credibility of testimony and evidence. The disciplinary authority
shall base its findings on the preponderance of evidence.
8.
The hearing may be continued by the disciplinary authority to allow
for additional information to be presented. The disciplinary authority
may set time constraints on the proceedings.
9.
The City Attorney shall serve as counsel to the disciplinary authority,
unless special counsel is appointed pursuant to the Charter.
10.
A transcript of the hearing shall be made unless waived by the complainant,
the respondent and the disciplinary authority.
F.
Decisions. The disciplinary authority, upon completion of
a hearing or admission of a violation, shall render a decision in
writing to the Mayor, City Council, City Attorney, the City Administrator,
the complainant and the respondent within ten (10) days after conclusion
of the hearing. The decision shall:
1.
Determine whether or not a violation occurred as charged in the report
from the Missouri Ethics Commission;
2.
Set forth any necessary requirements for voluntary compliance;
3.
Recommend any appropriate prosecution under applicable State or local
law; and
4.
Take other actions or recommend other actions by the authorized City
Officials as deemed appropriate under the circumstances.
G.
Willful Concealment. In the event that a City Official or employee willfully conceals a substantial financial interest in violation of Section 14.1 of the Charter of the City or otherwise willfully violates the requirements of Section 14.1 of the Charter of the City, such person shall be guilty of malfeasance in office or position and shall forfeit all offices and positions with the City.
H.
Complicity By Private Sector. In the event that a person or business entity who makes a contract or sale with the City knows or should have known that a City Official or employee has violated Section 14.1 of the Charter of the City regarding such contract or sale, the City Administrator or the City Council may declare the contract or sale void within thirty (30) days after the determination that the official or employee violated Section 14.1.
[R.O. 2008 §2-169; Ord. No. 1235 Art. IV, 7-27-1987; Ord. No. 3035 §1, 1-24-2005; Ord.
No. 5323 §1, 8-12-2013]
A.
Application. The provisions of this Section apply to all
full-time and part-time employees of the City in both classified and
unclassified positions.
B.
Hatch Act Restrictions. Employees engaged in activities
which are funded in whole or part by Federal funds may have the additional
restrictions of the Hatch Act and may be prohibited from taking an
active part in City, County, State or national elections. The City
Administrator is responsible for maintaining a listing of positions
subject to the Hatch Act.
C.
Permitted Political Activities Of City Employees. Activities
listed in this Section are permitted for City employees on their own
time. These activities apply to County, State and national elections
and to municipal elections outside the City. These activities are
not permitted while the employee is on duty, on any City property
or in a uniform normally identified with the City.
D.
Each
employee, including an employee engaged in an activity financed through
Federal funds, may:
1.
Register and vote in any election.
2.
As an individual, privately and publicly express an opinion on political subjects and candidates except as modified in Subsection (D)(8) below.
3.
Be a member of a political party and participate in its activities
consistent with this regulation.
4.
Sign a political nomination, initiative, referendum or recall petition
as an individual, except for City elective positions or propositions.
5.
Make a financial contribution to a political party, group or candidate
except for elective positions or propositions in the City.
6.
Be politically active in connection with a question which is not
specifically identified with a political party, such as a constitutional
amendment, referendum or issue of a similar character not pertaining
to the City.
7.
Display bumper stickers, signs, posters or pamphlets on private property
for the endorsement of candidates or issues, except for elective positions
and propositions regarding the City.
8.
In City municipal elections, register, vote and express privately
an opinion on candidates and propositions.
E.
Additional Permitted Activities. In addition, an employee
who is not engaged in an activity supported by Federal funds may:
1.
Take an active part in the management of political campaigns, except
for elective offices and propositions within the City.
2.
Directly or indirectly solicit, receive or account for funds for
a partisan political purpose except as prohibited by this regulation.
3.
Solicit votes in support of, or in opposition to, a partisan or party
office.
4.
Initiate or circulate partisan nominating or recall petitions.
5.
Serve as a delegate, alternate or proxy to a political party convention.
6.
Drive voters to the polls on behalf of a political party or partisan
candidate except for City municipal elections.
7.
Endorse or oppose a partisan candidate for public office or political
party office in a political advertisement, broadcast, campaign literature
or similar material.
F.
Prohibited Activities.
1.
Employees covered by the Hatch Act are prohibited from engaging in those activities listed in Subsection (E) above.
2.
No employee may use any official authority or influence for the purpose
of interfering with or affecting the result of an election or nomination
for office or directly or indirectly coerce, attempt to coerce, command
or advise another official or employee to pay, lend or contribute
anything of value to a party, committee, organization, agency or person
for political purposes.
4.
While bumper stickers, signs and posters may be displayed on private
vehicles parked in a City employee parking area, such materials, as
well as pamphlets and buttons, may not be otherwise displayed on City
vehicles, City property or by an employee on a City work site.
5.
Activities prohibited for an individual employee are also prohibited
for groups or organizations of employees, even though the specific
activities are being performed by a non-employee as a representative
of the employee group.
7.
An employee shall not use an official City title or make reference
to employment with the City in political advertisements, endorsements
or speeches.
8.
An employee shall not be a candidate for, or serve as, an officer
of a political party or partisan club whether local, State or national.
G.
Candidate For Elective Office.
1.
A City employee may seek election to a partisan political office.
Such employee shall be placed on an unpaid leave of absence from the
time a declaration of candidacy is made until the completion of the
elective process. During this leave of absence, the employee shall
not use an official City title in political campaigning other than
in a biographical description of the employee's experience nor shall
official authority be used to affect the result of the election. If
elected to political office and such office is clearly inconsistent,
incompatible, in conflict with or inimical to duties as a City employee,
the employee shall terminate City employment prior to assuming the
elected position.
2.
An employee may be a candidate for a non-partisan board such as,
but not limited to, a school board or a library board or fire district,
while retaining active City employment and, if elected, may retain
the City position.
3.
An employee who declares an intent to become a candidate by circulating
or authorizing the circulation of a nominating petition for elective
office of the City shall be placed on immediate unpaid leave and shall
not exercise any of the duties of his/her position. Such unpaid leave
shall continue until the conclusion of the elective process. Should
the employee win said election, the employment shall be terminated
when he/she is sworn into office.
4.
An employee subject to the provisions of the Hatch Act may not be
a candidate for partisan elective office.
5.
Pursuant to Section 67.145, RSMo., and notwithstanding the other provisions of this Section 130.080, a Police Officer employed by the City may engage in any otherwise lawful political activity while off duty and not in uniform, may be a candidate for elected or appointed public office if otherwise lawful without having to go on unpaid leave, and may hold elected or appointed office subject to termination of employment as required by the provisions of Subsections (G)(1) and (G)(3).
[R.O. 2008 §2-170.1; Ord. No. 1603 §§1 — 3, 8-23-1993; Ord. No. 1664 §§1 — 3, 9-12-1994; Ord. No. 1734 §§1 —
3, 8-28-1995; Ord. No. 2145 §1, 8-27-2001; Ord. No. 2230 §§1 — 3, 8-11-2003; Ord. No. 3040 §1, 2-14-2005; Ord.
No. 5200 §1, 6-27-2011; Ord. No. 5253 §2, 6-11-2012; Ord.
No. 5326 §1, 8-26-2013; Ord. No. 5432 §1, 8-10-2015; Ord. No. 5538 §1, 8-28-2017; Ord.
No. 5646, 8-12-2019; Res. No. 1549, 8-23-2021; Ord. No. 5759, 11-8-2021; Res. No. 1674[1], 8-28-2023]
A.
Generally. The Mayor and each member of the City Council, the Planning
and Zoning Commission and the Board of Adjustment, the City Administrator,
the Finance Director and any candidate for elected office of the City
shall disclose the following information 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 (including spouse, parents and dependent
children), 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.
City Administrator And Finance Director; Additional Requirements.
The City Administrator and the Finance Director also shall disclose
for the previous calendar year the following information for them,
their spouses and dependent children:
1.
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;
2.
The name and address of each sole proprietorship that such person
owned; the name, address and the general nature of the business conducted
of each general partnership and joint venture in which such person
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;
3.
The name and address of each corporation for which such person
served in the capacity of a director, officer or receiver.
C.
Exception. Notwithstanding the foregoing, said person, if they do
not know and their spouse will not divulge any information required
to be reported by this Section concerning the financial interest of
their spouse, shall state on their financial interest statement that
they have disclosed that information known to them and that their
spouse has refused or failed to provide other information upon their
bona fide request, and such statement shall be deemed to satisfy the
requirements of this Section for such financial interest of their
spouse; and provided, further, if the spouse of any person required
to file a financial interest statement is required by Section 105.483,
RSMo., or this Code Section to file a financial interest statement,
the financial interest statement filed by each need not disclose the
financial interest of the other, provided that each financial interest
statement shall state that the spouse of the person has filed a separate
financial interest statement and the name under which the statement
was filed.
D.
Filing Of Reports. The reports, in the form as prescribed by the
Missouri State Ethics Commission, shall be filed with the City Clerk
and with the Missouri State Ethics Commission. The reports shall be
available for public inspection and copying during normal business
hours. Pursuant to Subsection (4) of Section 105.485, RSMo., these
reports are to be filed in lieu of reports otherwise required by the
Statute.
E.
When Filed. 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 person appointed to office or employed shall file the statement
within thirty (30) days of such appointment or employment.
2.
Each candidate for elective office shall file a financial interest
statement no later than the 14th day after the last 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 14th day after the last day for filing for the
election, the statement shall be filed within fourteen (14) days of
becoming a candidate.
3.
Every other 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 person 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 no later than 12:00 Midnight of the day previous to the
last day designated for filing the statement.
5.
Penalties for failing to file a financial interest statement shall
be as provided in Section 105.492, RSMo.
[1]
Editor's Note: Former Section 130.095, Campaign Finance Reports,
enacted 6-11-2012 by §2 of Ord. No. 5253, was repealed 8-10-2015
by §1 of Ord. No. 5432.
[R.O. 2008 §2-172; Ord. No. 1235 Art. VII, 7-27-1987; Ord. No. 1435 §6, 1-7-1991; Ord.
No. 3035 §1, 1-24-2005]
A.
Where
an employee has a doubt as to the applicability of any provision of
this code of conduct to a particular situation regarding that employee
or as to the definition of terms used herein, the employee may apply
by signed writing to the City Administrator for an advisory opinion.
Elected officials and appointed officials shall have the right to
apply to the City Attorney for an advisory opinion regarding particular
situations in which they are personally involved or as to the definition
of terms used herein. The individual shall have the opportunity to
present his/her interpretation of the facts at issue and of the applicability
of provisions of the code before such advisory opinion is made. The
application shall at a minimum provide sufficient detail to fully
and accurately describe the situation and shall be certified as true
to the best knowledge, information and belief of the applicant. The
City Administrator shall freely seek the advice and assistance of
the City Attorney where interpretation of the law is required. Unless
the time is waived by the applicant, the City Administrator and/or
City Attorney shall respond within ten (10) days.
B.
No
person who relies upon an advisory opinion rendered pursuant to this
Article may be found in violation of this Article except where such
opinion has been fraudulently obtained or where the person so relying
failed to provide or omitted material facts in the request for the
advisory opinion.
C.
Such
opinion until amended or revoked shall be binding on the City, the
City Council and the City Administrator and City Attorney in any subsequent
actions concerning the elected official, appointed official or employee
who sought the opinion and acted on it in good faith, unless material
facts were omitted or misstated in the request for the advisory opinion.
D.
Any
advisory opinion prepared by the City Administrator or City Attorney
shall be in writing and a copy shall be sent to the City Clerk to
be retained and made available to the public upon request.
[R.O. 2008 §2-173; Ord. No. 3035 §1, 1-24-2005]
The City Administrator and the City Attorney shall arrange for
training sessions for all elected and appointed officials and employees
of the City regarding the provisions of this code of conduct and related
provisions of law. All officials and employees shall attend a training
session within one (1) year of appointment, election or hire and shall
attend at least one (1) training session every two (2) years thereafter.
In conjunction with such training, reference materials shall be developed
for distribution to officials, employees and the public.
