[Ord. No. 92-10 §§ 1-2, 6-8-1992; Ord. No. 2007-11 § 1, 4-10-2007]
That certain building located at 919 Franklin Avenue is hereby
designated as the City Hall, and said building is to be used for such
purposes deemed necessary by the City Council to carry out the functions
of the City. Other buildings may be utilized as designated by the
City Council.
[Rev. Ord.
No. 76, §§ 1 — 3, 10-21-1912; Ord. No. 76-14 §§ 1, 2, 6-1-1976]
A.
The
common Seal of the City shall be circular in shape, two (2) inches
in diameter, the center of which shall be engraved with the Lafayette
County Court House, Pony Express Rider, hemp bales, covered wagon,
and riverboat with a river scene and in a circle around said center
there shall be inscribed the words, "Seal of the City of Lexington,
Missouri," and the date 1822 with a Confederate Flag to the left of
said date and an American Flag to the right of said date.
B.
The
City Clerk shall be the keeper of the common Seal of the City and
shall in all cases required by the ordinances of the City or the laws
of the State affix the Seal, accompanied by his attestation and signature.
C.
All
deeds and conveyances of land by the City, requiring authentication,
except the published ordinances, all bonds issued by the City, all
acts of the Mayor of the City, and all other matters which by other
ordinance for the laws of the State are required to be under the Seal
of the City, shall have the Seal affixed to them by the City Clerk
and shall be attested and certified to by the City Clerk.
[Rev. Ord.
No. 30, § 4, 10-21-1912]
The permanent bench mark for the grade evaluations of the City
is a point on the top of the stone foundation of the City Hall in
block 37 in first addition to the City of Lexington, Missouri, said
point being at the outer corner of the brick wall at the north side
of the main or west entrance of said City Hall, said permanent bench
mark being one hundred eighty-seven and seventy-five one-hundredths
(187.75) feet above the low water mark in the Missouri River, which
is the datum for all street, alley and avenue grades in the City.
[Ord. No. 89-17 §§ 1-3, 2-8-1990; Ord. No. 92-12 § 1, 6-8-1992; Ord.
No. 99-41 § 1, 11-9-1999]
A.
No
person shall engage in the act of smoking cigarettes, cigars, pipes,
or otherwise engage in any activity whatsoever that produces an incendiary
flame or smoke of any kind or character within the confines of all
City owned buildings in Lexington, Missouri.
B.
Any
person violating this Section shall be deemed guilty of a misdemeanor,
and shall be subject to all penal sanctions provided therefor under
the general punishment provisions within the revised ordinances of
the City of Lexington, Missouri.
[Ord. No. 91-7 §§ 1 — 6, 8-13-1991; Ord. No. 93-13 §§ 1
— 5, 8-10-1993; Ord. No. 94-22 §§ 1
— 5, 8-23-1994; Ord. No. 95-20 §§ 1
— 5, 8-8-1995; Ord. No. 97-16 §§ 1
— 5, 7-22-1997; Ord. No. 99-32 §§ 1
— 5, 8-10-1999; Ord. No. 2001-39 §§ 1
— 5, 8-14-2001; Ord. No. 2002-28§§ 1
— 5, 8-13-2002; Ord. No. 2004-25 §§ 1
— 5, 8-10-2004; Ord. No. 2006-34 §§ 1
— 5, 8-10-2006; Ord. No. 2007-30 §§ 1
— 5, 8-14-2007; Ord. No. 2009-30 §§ 1
— 5, 8-11-2009; Ord. No. 2011-32 §§ 1
— 5, 8-9-2011; Ord. No. 2013-27 §§1
— 5, 8-13-2013; Ord. No. 2015-18 §§1 — 5, 7-14-2015; Ord. No. 2017-24 §§
1 — 5, 6-13-2017; Ord. No. 2018-27, 8-28-2018; Ord. No. 2020-31, 8-11-2020; Ord. No. 2021-11, 7-13-2021; Ord. No. 2023-09, 8-22-2023]
A.
Declaration
Of Policy. The proper operation of 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 procedure for disclosure by certain
officials and employees of private financial or other interests in
matters affecting the City.
B.
Conflicts
Of Interest.
1.
All elected and appointed officials as well as employees of a political
subdivision must comply with Statutes under Chapter 105, RSMo., as
well as any other State law governing official conduct.
2.
Any member of the Governing Body of a political subdivision who has
a substantial personal 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 personal or private interest" is defined as ownership
by the individual, his/her spouse, or his/her dependent children,
whether singularly or collectively, directly or indirectly of:
a.
Ten percent (10%) or more of any business entity; or
b.
An interest having a value of ten thousand dollars ($10,000.00) or
more; or
c.
The receipt 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.
C.
Disclosure
Reports. Each elected official, candidate for elective office, the
Chief Administrative Officer, the Chief Purchasing Officer, and the
full-time general counsel shall disclose the following information
by May 1, or the appropriate deadline as referenced in Section 105.487
RSMo., if any such transactions occurred 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 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.
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 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.
3.
The Chief Administrative Officer, Chief Purchasing 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:
a.
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;
b.
The name and address of each sole proprietorship that he/she owned;
the name, address and the general nature of the business conducted
of each general partnership and joint venture in which he/she 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;
c.
The name and address of each corporation for which such person served
in the capacity of a director, officer, or receiver.
D.
Filing
Of Reports.
1.
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:
a.
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 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.
b.
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.
c.
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 nomination or election or nomination
by caucus. The time period of this statement shall cover the twelve
(12) months prior to the closing date of filing for candidacy.
2.
Financial disclosure reports giving the financial information required
in Subsection (C) 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.
E.
Filing
Of Section. A certified copy of this Section, adopted prior to September
15, shall be sent within ten (10) days of its adoption to the Missouri
Ethics Commission.
[Ord. No. 2009-13 §§ 1 — 13, 3-24-2009]
A.
Custodian Of Records Designated. The City Clerk is hereby
designated as the "custodian of records" for the City of Lexington.
Such designation does not mean that the City Clerk will necessarily
have all the records in his or her possession, but simply is an indication
to which requests for copies of records and information regarding
the City Government shall be directed. Requests for records made to
persons other than the City Clerk shall not be considered to be requests
that are made pursuant to the Missouri Sunshine Law, Chapter 610 of
the State Statutes. Nonetheless, any official or employee of the City
who receives a request is directed to inform the City Clerk of the
request in a timely fashion, so that a response may be made to the
request.
B.
How Records Are Requested. All requests for records, notices
or information shall be in writing, and shall be accompanied by a
deposit of the estimated cost of reproducing the requested information.
Oral requests, if received by the City Clerk, shall be immediately
recorded in written form to document the same. Any request received
by the City Clerk shall be initialed by the Clerk, with the date and
time of receipt noted.
C.
Response Desired To Be Noted On Request. The requesting
party shall indicate on the request the manner in which a response
is desired. In absence of instructions to the contrary, it will be
assumed that the requesting party wants to receive a response in the
same form as the original request. (Example, if someone stops by City
Hall and requests copies of documents, it will be assumed that the
requesting party will stop by City Hall later to pick up the documents.
But if someone mails a request to the City Hall, it will be assumed
that a mailed response is desired.)
D.
Response Within Three (3) Business Days. The custodian of
records shall respond to the request within three (3) business days
of its receipt. A "business day" is a day when the City Hall is open
for the conduct of City business during its normal business hours.
While it is desirable that the entire transaction be completed within
three (3) business days, there may be circumstances where clarification
or explanation of the request is necessary, or where it may be necessary
to provide only part of the requested information while searches are
made to find copies of other documents requested.
E.
Documentation Of Response. The custodian of records shall
document the response provided either by:
F.
Request For Searches. A request for copies of "all documents"
or "every document" of a particular sort involves a request to search
through every record of the City in order for the City to certify
that it has provided "all" or "every" document. Such searches are
expensive. Similarly, a request for records compiled in a format differing
from the format in which the records are customarily retained is a
request for a search and compilation and can be expensive. As a general
rule, the custodian of records is not expected to engage in extensive
searches or compilations. Any search request that will require more
than fifteen (15) minutes of the custodian's time will be refused
without a substantial advance deposit for the estimated time required
to search for the records.
G.
Fees For Retrieval And Copies. Fees for search, retrieval,
accompanying and returning to their proper storage all City documents
shall be:
|
1.
|
For a search of 15 minutes or less
|
no retrieval fee
| ||
|
2.
|
For a search, retrieval, accompanying and return of documents
requiring more than 15 minutes
|
$4.00 for each period of 15 minutes or less, including the first
15 minute period.
| ||
|
3.
|
Fees for copies of documents shall be:
| |||
|
a.
|
For copies that can be made on the City's copy machine or other
equipment available at the City Hall
|
$.10 per side of a page
| ||
|
b.
|
For copies that must be made elsewhere
|
the actual charges imposed for making the copies (including
any taxes imposed) as well as the fee provided above for search, retrieval,
accompanying and returning to proper storage.
| ||
H.
Inspection Of Records. To reduce the cost to both the requesting
party and the City, the custodian of records may permit a physical
inspection of the records by the requesting party to help specify
what documents are needed. The custodian may impose such security
as is deemed appropriate to guarantee that no record is removed from
the City files.
I.
Waiver Of Fees. The custodian of records is empowered to
waive the collection of any of the fees totaling less than one dollar
($1.00) provided in Subsection (G) above to any citizen of the City
requesting documents from the City or to any representative of news
media that routinely sends a reporter to cover meetings of the City
Council. No person or organization shall receive more than three (3)
such waivers in any twelve (12) month period.
J.
Closed Records And Votes. All records of the City which
are permitted to be closed records by reason of the Sunshine Law or
by any other Statute of Missouri or by any Statute or regulation of
the United States Government shall be maintained as closed records.
No such closed record shall be released to any person who is not a
part of the City Government, except that the City's auditor may see
such records as are reasonably necessary to prepare an audit report
as requested by the City and the City's Attorney may see such records
as are reasonably necessary to represent the City. Requests that closed
records be opened to public inspection will be considered on a case-by-case
basis by the City's Councilmen.
K.
Subpoenas For Closed Records. No subpoena for a closed record
shall be honored. All such subpoenas shall be referred to the City
Attorney for a response and for a motion to quash the subpoena. The
only exception to this requirement that will be recognized is a subpoena
from a grand jury.
L.
Public Notice Board. The custodian of records shall establish
a fixed place where all public notices and agenda will be posted.
This notice board should be in a place that is accessible to members
of the public at times when the City Hall is open and (if possible)
should be lighted and available for public inspection even at times
when the City Hall is closed. A window or glass door at the entrance
to the City Hall may be used as the notice board, provided such notices
are placed in such a fashion that they can be read by persons on the
outside of the City Hall.
M.
Penalty For Disclosure Of Closed Records. Any person employed
or working for the City, or who has been entrusted with a record that
is marked to indicate that it is "confidential" or a "closed record",
or who has been invited to participate in a closed meeting who nonetheless
discloses any closed record or any information about the contents
of any closed meeting to any person shall be guilty of an offense
under the ordinances of the City and, upon conviction therefore, may
be punished as provided by law. Any such person who is employed or
working for the City may also be subject to the termination of their
employment as a result of such disclosure. Any such person who is
an elected official may also be subject to impeachment from their
office as a result of such disclosure.
[Ord. No. 2022-19, 11-8-2022]
Citizens who have a complaint regarding City services or City
staff may file a complaint with the City Clerk. Complaints shall be
submitted on a standardized, department-specific complaint form developed
by the City Administrator and made accessible to the public on the
City's website. Responses will be provided, in writing, by the City
Administrator. The City Administrator will provide updates to the
City Council on the status of complaints that are not resolved within
thirty (30) calendar days of receipt of the complaint. The City Clerk
shall retain a copy of all written complaints and responses.
