[1]
Cross References — Golf course committee, ch. 130, art. II; municipal court, ch. 135; airport planning commission, ch. 145, art. II; police department, ch. 200; fire department, ch. 205; mutilation of public records, §215.360; emergency management, ch. 240; administration and enforcement of motor vehicle traffic regulations, Title III; planning and zoning commission, ch. 400; electrical inspector, ch. 505, art. II; street superintendent, §535.010.
[Code 1962 §2-1; CC 1979 §2-41]
All Officers elected or appointed to offices under the City
Government shall be qualified voters under the laws and Constitution
of this State and shall be residents of the City, except that, when
approved by the Council, the Manager, Clerk, Treasurer, Municipal
Judge, Attorney and Chief of Police may reside outside the City. No
person shall be elected or appointed to any such office who shall
at the time be in arrears for unpaid City taxes, or forfeiture or
defalcation in office.
[1]
Charter Reference — Qualifications, §§3.01,
4.09.
[Code 1962 §2-2; CC 1979 §2-42]
Every Officer of the City and his/her assistants, and every
Councilman, before entering upon the duties of his/her office, shall
take and subscribe to an oath or affirmation before some Court of
record in the County, or the City Clerk or Municipal Judge, that he/she
possesses all the qualifications prescribed for his/her office by
law; that he/she will support the Constitution of the United States,
and of this state, the provisions of all laws of this State affecting
this City, the provisions of this Code and other ordinances of this
City, and faithfully demean himself/herself in office; which official
oath or affirmation shall be filed with the City Clerk. Every Officer
of the City, when required by law, shall, within fifteen (15) days
of his/her election or appointment, and before entering upon the discharge
of the duties of his/her office, give bond to the City in such sum
and with such sureties as shall be designated by this Code or by ordinance,
conditioned for the faithful performance of his/her duty, and that
he/she will pay over all monies belonging to the City, as provided
by law, that may come into his/her hands. If any person elected or
appointed to any office shall fail to take and subscribe such oath
or affirmation, or to give bond as herein required, his/her office
shall be deemed vacant. For any breach of condition of any such bond,
suit may be instituted thereon by the City, or by any person in the
name of the City for the use of such person.
[Code 1962 §2-3; CC 1979 §2-43]
Any member of the City Council, or any other Officer of the
City who shall, in an official capacity, or under color of his/her
office, knowingly, willfully or corruptly vote or assent to or report
in favor of or allow and certify for allowance any claim or demand
against the City, which claim or demand shall be on account of or
under color of a contract or agreement not authorized by law, the
provisions of this Code or other ordinances of the City, shall be
deemed guilty of a misdemeanor.
[Code 1962 §2-4; CC 1979 §2-44]
Any Officer of the City who shall fail, neglect or refuse to
personally devote his/her time to the duties of his/her office, or
who shall be guilty of any wilful or corrupt violation or neglect
of any official duty enjoined upon him/her by this Code or other ordinances
of the City or the laws of the State, or who shall be intoxicated
in the performance of any official act or duties, or who shall be
so intoxicated as to be incapacitated to perform any official act
or duty at the time and in the manner required by him/her in the discharge
of the duties of his/her office, shall be subject and liable to suspension
or removal from office for cause.
[Code 1962 §2-5; CC 1979 §2-45]
Suspension of Officers elected by the voters or appointed by
the Council shall be effected by an order filed by the Mayor in the
office of the City Clerk accompanied by a statement of charges upon
which the same is founded, a copy of which shall be forthwith made
by the Clerk and delivered to the Chief of Police who shall forthwith
deliver the same to the Officer suspended. Such charges shall be presented
before the Council at its first (1st) meeting after such charges are
made, and the Council shall, without unnecessary delay, proceed to
investigate such charges in such manner as it may determine, and at
such hearing the accused or suspended Officer shall be entitled to
be heard by himself/herself and his/her counsel in his/her defense,
and the City Attorney or person acting as such shall attend the hearing
and act in behalf of the City. At such hearing the Council shall meet
and proceed according to such rules as it may adopt, to hear evidence
in favor and against such suspended Officer, and, after all evidence
has been heard, the Council shall, within three (3) days, notify the
suspended Officer of their decision in the matter. The City Council
shall have authority to issue subpoenas for witnesses on behalf of
the City and the accused shall have authority to issue subpoenas for
witnesses in his/her behalf.
[Code 1962 §2-6; CC 1979 §2-46; Ord. No. 253-2006 §1, 7-18-2006]
A.
No
officer or employee elected or appointed in the City shall be interested
directly or indirectly in any contract or job for work or materials
or the profits in any contract or job or services to be furnished
or performed for the City unless and until each such contract, job
or service has been subjected to the City's fiscal bidding process,
is found to be the lowest received and said interested party has no
association with the passage or acceptance of said contract, job or
service; and no such officer or employee shall be interested directly
or indirectly in any contract or job for work or material or the profits
thereof or services to be furnished or performed for any person operating
interurban railway, gas works, electric light or power plant, telegraph
line, telephone exchange or any other public utility which is to be
supplied, furnished or performed for the City unless and until each
such contract, job or service has been subjected to the City's fiscal
policy as it relates to the franchise process and said interested
party has no association with the passage or acceptance of said contract,
job or service. No such officer or employee shall accept or receive,
directly or indirectly, from any person operating within the territorial
limits of the City any interurban railway, gas works, waterworks,
electric light or power plant, telephone exchange or telegraph line
or other business using or operating under a public franchise any
monetary fund, frank, free ticket or free service or accept or receive,
directly or indirectly, from any such person any other service upon
terms more favorable than is granted to the public generally. Any
violation of the Section and every such contract or agreement shall
be void.
B.
Any
officer or employee elected or appointed in the City who profits directly
or indirectly in any contract, job or service shall make full disclosure
in accordance with standards and mandates of the State of Missouri
or its designee.
[Code 1962 §2-7; CC 1979 §2-47]
A.
The
Mayor, or in his/her absence the Chairman Pro Tem of the City Council,
the Police Judge, the City Clerk and the City Assessor, are hereby
authorized and empowered to administer oaths and affirmations in the
following cases:
1.
Mayor, etc. The Mayor or Chairman Pro Tem of the
City Council, to witnesses or other persons touching any subject under
consideration by the Council in which the interest of the City is
involved.
2.
Municipal Judge. The Municipal Judge, to witnesses,
jurors or other persons relating to any trial or other proceedings
within the jurisdiction of his/her Court or to any elective or appointive
officer to his/her official oath.
3.
City Clerk. The City Clerk, to any person certifying
to any demand or claim against the City, touching the correctness
of the same, or any elective or appointive Officer to his/her official
oath.
[CC 1979 §2-48; Ord. No. 93-35 §§1 — 5, 9-7-1993; Ord. No. 94-23 §§1 — 4, 8-16-1994; Ord. No. 223-2005 §§1 — 5, 8-16-2005; Ord. No. 306-2007 §§1 — 5, 7, 9-4-2007; Ord. No. 413-2009 §§1 — 5, 9-1-2009; Ord. No. 436-2010 §§1 — 5, 8-17-2010; Ord. No. 509-2012 §§1 — 5, 8-7-2012; Ord. No. 28-2017, 9-5-2017; Ord. No. 41-2019, 7-16-2019; Ord. No. 83-2020, 7-7-2020; Ord. No. 222-2021, 8-17-2021]
A.
Declaration
Of Policy. The proper operation of municipal 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. Any member of the City Council who has a substantial
personal or private interest, as defined by State law, in any bill
shall disclose on the records of the City Council the nature of his/her
interest and shall disqualify himself/herself from voting on any matters
relating to this interest.
C.
Disclosure
Reports. Each elected official, the Chief Administrative Officer,
the Chief Purchasing Officer and the general counsel (if employed
full-time) shall disclose the following information by May 1, 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, 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; 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 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 and the Chief Purchasing Officer
also shall disclose by May 1 for the previous calendar year the following
information:
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
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. The reports, in the attached format, shall be filed with
the City Clerk and with the Missouri Ethics Commission. The reports
shall be available for public inspection and copying during normal
business hours.
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 shall file the statement within thirty
(30) days of such appointment or employment;
2.
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 any member of the City 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.
F.
Filing
of Ordinance. The City Clerk shall send a certified copy of this ordinance/Section
to the Missouri Ethics Commission within ten (10) days of its adoption.
[Ord. No. 446-2010 §1, 10-19-2010]
A.
Code Of Ethics Policy. The Code of Ethics is intended to
provide ethical guidelines for employees and Council-appointed Board
and Commission members that are responsive to the public needs and
preclude even the appearance of impropriety in the performance of
their duties. All employees and Council-appointed Board and Commission
members have an obligation to conduct their official duties in a manner
that serves the public interest, upholds the public trust and protects
the City's resources. To this end employees and Council-appointed
Board and Commission members have a responsibility to:
1.
Perform their duties to the very best of their abilities, treating
the public and each other in a courteous manner that is fair and equitable,
without regard to race, color, gender, age, religion, national origin,
disability, political affiliation, or any other factor unrelated to
the impartial conduct of City business.
2.
Demonstrate integrity, honesty, and ethical behavior in the conduct
of all City business.
3.
Ensure that their personal interests do not come into conflict with
their official duties, resulting in a real conflict of interest or
the appearance of a conflict of interest. This shall apply to employees
and Council-appointed Board and Commission members when dealing with
vendors, customers, and other individuals doing business or seeking
to do business with the City.
4.
Ensure that they do not accept any gift, favor or thing of value
that may tend to influence the discharge of their duties, or grant
any improper favor, service or thing of value in the discharge of
their duties. This is a zero tolerance policy. This shall include
the acceptance of a gift from a person who has interests that may
be substantially affected by the performance of the employee's official
duties under circumstances where timing and nature of the gift would
cause a reasonable person to question the employee's impartiality
in the matter affecting the donor. This prohibition shall not apply
to the acceptance of any gift, favor or thing of value that benefits
the City and/or the community as a whole.
5.
Ensure that information concerning the property, government or affairs
of the City is held confidential, disclosed only with proper legal
authorization, and never to advance the financial or other special
interest of themselves or others.
6.
Ensure that all City resources, including City funds, equipment,
vehicles and other property, are used in strict compliance with City
policies and solely for the benefit of the City. To ensure that City
employees do not receive unauthorized or conflicting directives, Board
and Commission members shall not give direction to City employees
and departments except as directed by the City Manager.
7.
Avoid any behavior that could fall under the definitions of misconduct
in Section 61 "Discipline" of the City's Handbook.
B.
Board
and Commission members, department heads and supervisors must take
a leadership role in the promotion and execution of the Code of Ethics.
All City Officials and employees have a responsibility to place cooperation,
trust, and respect at the head of all they do.
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Editor's Note: Former Section 110.090, Certain Relatives Declared
Ineligible for City Employment or to Hold City Office — Exception,
was repealed 7-21-2020 by Ord. No. 86-2020.
[CC 1979 §2-3; Ord. No. 1124 §§1 — 3, 11-17-1981;
]
A.
The
office of any member of any Board or Commission of the City of Neosho,
Missouri, shall be forfeited if the member:
B.
It
shall be the duty and responsibility of the City Clerk to inform the
City Council at the following regular City Council meeting of said
non-attendance.
C.
The
Council may remove the member from the respective Board or Commission
by affirmative vote of a majority of all its members.
