[CC 1992 §160.010; Ord. No. 431 §1, 8-19-1991; Ord. No. 454 §1, 8-16-1993; Ord.
No. 461 §1, 8-1-1994; Ord. No. 478 §1, 8-7-1995; Ord.
No. 497 §1, 8-5-1996; Ord. No. 519 §1, 8-18-1997; Ord.
No. 548 §1, 9-8-1998; Ord. No. 572 §1, 8-16-1999; Ord.
No. 606 §1, 8-7-2000; Ord. No. 811 §1, 8-6-2007; Ord.
No. 856 §1, 8-4-2008; Ord. No. 883 §1, 8-3-2009; Ord.
No. 930 §1, 8-16-2010; Ord. No. 961 §1, 8-15-2011; Ord.
No. 994 §1, 8-20-2012; Ord. No. 1041 §1, 7-15-2013; Ord. No. 1164 §1, 7-6-2015; Ord.
No. 1231 §1, 8-15-2016; Ord. No. 1308, 8-21-2017; Ord. No. 1456, 8-19-2019; Ord.
No. 1609, 7-19-2021; Ord. No. 1705, 6-5-2023]
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 political
subdivision.
[CC 1992 §160.020; Ord. No. 431 §2, 8-19-1991; Ord. No. 454 §2, 8-16-1993; Ord.
No. 461 §2, 8-1-1994; Ord. No. 478 §2, 8-7-1995; Ord.
No. 497 §2, 8-5-1996; Ord. No. 519 §2, 8-18-1997; Ord.
No. 548 §2, 9-8-1998; Ord. No. 572 §2, 8-16-1999; Ord.
No. 606 §2, 8-7-2000; Ord. No. 811 §2, 8-6-2007; Ord.
No. 856 §2, 8-4-2008; Ord. No. 883 §2, 8-3-2009; Ord.
No. 930 §2, 8-16-2010; Ord. No. 961 §2, 8-15-2011; Ord.
No. 994 §2, 8-20-2012; Ord. No. 1041 §2, 7-15-2013; Ord. No. 1164 §2, 7-6-2015; Ord.
No. 1231 §2, 8-15-2016; Ord. No. 1308, 8-21-2017; Ord. No. 1456, 8-19-2019; Ord.
No. 1609, 7-19-2021; Ord. No. 1705, 6-5-2023]
A. All elected and appointed officials as well as employees of a political
subdivision must comply with conflict of interest Statutes under Chapter
105, RSMo., 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 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:
1.
Ten percent (10%) or more of any business entity; or
2.
An interest having a value of ten thousand dollars ($10,000.00)
or more; or
3.
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.
[CC 1992 §160.030; Ord. No. 431 §3, 8-19-1991; Ord. No. 454 §3, 8-16-1993; Ord.
No. 461 §3, 8-1-1994; Ord. No. 478 §3, 8-7-1995; Ord.
No. 497 §3, 8-5-1996; Ord. No. 519 §3, 8-18-1997; Ord.
No. 548 §3, 9-8-1998; Ord. No. 572 §3, 8-16-1999; Ord.
No. 606 §3, 8-7-2000; Ord. No. 811 §3, 8-6-2007; Ord.
No. 856 §3, 8-4-2008; Ord. No. 883 §3, 8-3-2009; Ord.
No. 930 §3, 8-16-2010; Ord. No. 961 §3, 8-15-2011; Ord.
No. 994 §3, 8-20-2012; Ord. No. 1041 §3, 7-15-2013; Ord. No. 1164 §3, 7-6-2015; Ord.
No. 1231 §3, 8-15-2016; Ord. No. 1308, 8-21-2017; Ord. No. 1456, 8-19-2019; Ord.
No. 1609, 7-19-2021; Ord. No. 1705, 6-5-2023]
A. Each elected official, candidate for elective office, the Chief Administrative
Officer, the Chief Purchasing Officer, and the full-time general counsel,
the officials or employees authorized to promulgate or vote on rules
and regulations with the force of law 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.
[CC 1992 §160.040; Ord. No. 431 §4, 8-19-1991; Ord. No. 454 §4, 8-16-1993; Ord.
No. 461 §4, 8-1-1994; Ord. No. 478 §4, 8-7-1995; Ord.
No. 497 §4, 8-5-1996; Ord. No. 519 §4, 8-18-1997; Ord.
No. 548 §4, 9-8-1998; Ord. No. 572 §§4 —
5, 8-16-1999; Ord. No. 606 §4, 8-7-2000; Ord. No. 811 §4, 8-6-2007; Ord. No. 856 §4, 8-4-2008; Ord.
No. 883 §4, 8-3-2009; Ord. No. 930 §4, 8-16-2010; Ord.
No. 961 §4, 8-15-2011; Ord. No. 994 §4, 8-20-2012; Ord.
No. 1041 §4, 7-15-2013; Ord. No. 1164 §4, 7-6-2015; Ord. No. 1231 §4, 8-15-2016; Ord. No. 1308, 8-21-2017; Ord. No. 1456, 8-19-2019; Ord. No. 1609, 7-19-2021; Ord.
No. 1705, 6-5-2023]
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 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 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.
B. Financial disclosure reports giving the financial information required in Section
119.030 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.
[Ord. No. 1308, 8-21-2017; Ord. No. 1456, 8-19-2019]
A. Any elected official, appointed official or employee who has been found guilty by a court of competent jurisdiction of willfully and knowingly violating any of the provisions of this Chapter shall be subject to the penalties set forth in Section
115.020 of the Concordia City Code.
B. Any
contract or transaction that was the subject of an official act or
action of the City in which there is an interest prohibited by this
Code, or which involved the violation of a provision of this Code,
shall be voidable at the option of the City.
C. The
City Attorney shall have the power, in accordance with the recommendation
of the Board of Aldermen, where a violation of the provisions of this
Code is threatened or has occurred, to bring civil action or proceeding
at law or in equity for a judgment enjoining any violation of the
provisions of this Chapter or requiring the relinquishment of any
prohibited interest or the voiding of any such contract or transaction,
taking into account the interests of the City and any third persons
who may be injured thereby, where the City Attorney determines that
the public interest may best be served by not voiding a contract or
transaction entered into in violation of this Chapter, such contract
or transaction may be enforced and an action or proceeding may be
brought against any elected official, appointed official or City employee
found in violation of provisions of this Chapter for damages not to
exceed twice the damages suffered by the City or twice the profit
or gain realized by the elected official, appointed official or employee,
whichever is greater.