[1]
Editor's Note: Section 1 of Ord. No. 1492, adopted September 5, 1991, repealed §§ 2-71 — 2-74 and added new §§ 2-71 — 2-79. Former §§ 2-71 — 2-74 pertained to conflicts of interest and derived from §§ 2-21 — 2-24 of the 1964 Code.
State law references—Regulation of conflicts of interest
and lobbying, RSMo. §§ 105.450 — 105.482; local,
more stringent regulations authorized, § 105.476.
[Ord. No. 1492, § 1, 9-5-1991]
Any proceedings in which a record of the proceedings may
be kept and maintained as a public record at the request of either
party by a court reporter, notary public or some other person authorized
to keep such record by law or any rule or regulation of the agency
conducting the hearing; or from which an appeal may be taken directly
or indirectly, or any proceeding from the decision of which any party
may be granted, on request, a hearing de novo; or any arbitration
proceeding; or a proceeding of a personnel review board; or an investigative
proceeding initiated by an official, department, division or agency
which pertains to matters which, depending on the conclusion of the
investigation, could lead to a judicial or administrative proceeding
being initiated against the party by the official, department, division
or agency.
A corporation, association, firm, partnership, proprietorship
or business entity of any kind or character.
Any sole proprietorship owned by oneself, one's spouse or any
dependent children in one's custody; or
Any partnership or joint venture in which one or one's spouse
is a partner, other than a limited partner of a limited partnership,
and any corporation or limited partnership in which one is an officer
or director or of which either one or one's spouse or dependent child
in one's custody whether singularly or collectively owns in excess
of ten (10) percent of the outstanding shares of any class of stock
or partnership units; or
Any trust in which one is a trustee or settlor in which one
or one's spouse or dependent child whether singularly or collectively
is a beneficiary or holder of a reversionary interest of ten (10)
percent or more of the corpus of the trust.
The City of Bellefontaine Neighbors, Missouri.
The Missouri Ethics Commission established pursuant to state
law.
All information whether transmitted orally or in writing
which is of such a nature that it is not, at that time, a matter of
public record or public knowledge.
An official, appointee or employee of the city who exercises
supervisory authority over the negotiation of contracts, or has the
legal authority to adopt or vote on the adoption of rules and regulations
with the force of law or exercises primary supervisory responsibility
over purchasing decisions and is designated as a decision-making public
servant by the board of aldermen.
All children, stepchildren, foster children and wards under
the age of eighteen (18) residing in one's household and who receive
in excess of fifty (50) percent of their support from the individual.
Ownership by the individual, the individual's spouse, or
the individual's dependent children, whether singularly or collectively,
directly or indirectly, of ten (10) percent 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.
Any interest in a measure, bill, order or ordinance which
results from a substantial interest in a business entity.
[Ord. No. 1492, § 1, 9-5-1991]
No elected or appointed official or employee of the city shall:
(1)
Act or refrain from acting in any capacity in which one is lawfully
empowered to act as an official or employee by reason of any payment,
offer to pay, promise to pay, or receipt of anything of actual pecuniary
value paid or payable, or received or receivable, to oneself or any
third person, including any gift or campaign contribution, made or
received in relationship to or as a condition of the performance of
an official act, other than compensation to be paid by the city; or
(2)
Use confidential information obtained in the course of or by reason
of one's employment or official capacity in any manner with intent
to result in financial gain for oneself, one's spouse, dependent child
in one's custody, or any business with which one is associated; or
(3)
Disclose confidential information obtained in the course of or by
reason of one's employment or official capacity in any manner with
intent to result in financial gain for oneself or any other person;
or
(4)
Favorably act on any matter that is so specifically designed so as to provide a special monetary benefit to such employee or official or the employee's or official's spouse or dependent children including, but not limited to, increases in retirement benefits, whether received from the city or any third party by reason of such act. For the purposes of this section, "special monetary benefit" means being materially affected in a substantially different manner or degree than the manner or degree in which the public in general will be affected or, if the matter affects only a special class of persons, then affected in a substantially different manner or degree than the manner or degree in which such class will be affected. In all such matters, such officials or employees must recuse themselves from acting and shall not be relieved by reason of the provisions of section 2-73(3), below, except that such official or employee may act on increases in compensation subject to the restrictions of the Missouri Constitution; or
(5)
Use one's decision-making authority for the purpose of obtaining
a financial gain which materially enriches oneself, one's spouse or
dependent children by acting or refraining from acting for the purpose
of coercing or extorting from another anything of actual pecuniary
benefit.
[Ord. No. 1492, § 1, 9-5-1991]
No elected or appointed official or employee of the city, serving
in an executive or administrative capacity, shall:
(1)
Perform any service for the city or for any agency of the city over
which the officer or employee has supervisory power for receipt of
any compensation, other than the compensation provided for the performance
of one's official duties, in excess of five hundred dollars ($500.00)
per annum, except on transactions made pursuant to an award on a contract
let or sale made after public notice and competitive bidding, provided
that the bid or offer is the lowest received; or
(2)
Sell, rent or lease any property to the city or to any agency of
the city over which the officer or employee has supervisory power
and received consideration therefor in excess of five hundred dollars
($500.00) per year unless the transaction is made pursuant to an award
on a contract let or sale made after public notice and in the case
of property other than real property, competitive bidding, provided
that the bid or offer accepted is the lowest received; or
(3)
Participate in any matter, directly or indirectly, in which the officer
or employee attempts to influence any decision of the city or any
agency of the city over which the officer or employee has supervisory
power, when the officer or employee knows the result of such decision
may be the acceptance of the performance of a service or the sale,
rental or lease of any property to the city or that agency for consideration
in excess of five hundred dollars ($500.00) value per annum to the
officer or employee, to his or her spouse, to a dependent child in
his or her custody or to any business with which the officer or employee
is associated, unless the transaction is made pursuant to an award
on a contract let or sale made after public notice and in the case
of property other than real property, competitive bidding, provided
that the bid or offer accepted is the lowest received; or
(4)
Perform any service for consideration, during one (1) year after
termination of his office or employment, by which the officer or employee
attempts to influence a decision of the city or any agency of the
city over which the officer or employee had supervisory power, except
that this provision shall not be construed to prohibit any person
from performing such service and receiving compensation therefor in
any adversary proceeding or in the preparation or filing of any public
document or to prohibit an employee of one department or agency of
the city from being employed by another department or agency of the
city; or
(5)
Perform any service for any consideration for any person, firm or
corporation after termination of the officer's term or the employee's
employment in relation to any case, decision, proceeding or application
with respect to which the officer or employee was directly concerned
or in which the officer or employee personally participated during
the period of his or her service or employment.
[Ord. No. 1492, § 1, 9-5-1991]
(a)
No member of the board of aldermen shall:
(1)
Perform any service for the city or any agency thereof for any consideration
other than the compensation provided for the performance of one's
official duties; or
(2)
Sell, rent or lease any property to the city or any agency of the
city for consideration in excess of five hundred dollars ($500.00)
per annum unless the transaction is made pursuant to an award on a
contract let or sale made after public notice and in the case of property
other than real property, competitive bidding, provided that the bid
or offer accepted is the lowest received; or
(3)
Attempt, for any compensation other than the compensation provided
for the performance of one's official duties, to influence the decision
of any agency of the city on any matter; except that, this provision
shall not be construed to prohibit such person from participating
for compensation in any adversary proceeding or in the preparation
or filing of any public document or conference thereon.
(b)
No sole proprietorship, partnership, joint venture, or corporation
in which any member of the board of aldermen is a sole proprietor,
a partner having more than ten (10) percent partnership interest,
or a coparticipant or owner of in excess of ten (10) percent of the
outstanding shares in any class of stock shall:
(1)
Perform any service for the city or any agency thereof for any consideration
in excess of five hundred dollars ($500.00) per annum unless the transaction
is made pursuant to an award on a contract let after public notice
and competitive bidding, provided that the bid or offer accepted is
the lowest received; or
(2)
Sell, rent or lease any property to the city or any agency of the
city where the consideration is in excess of five hundred dollars
($500.00) per annum unless the transaction is made pursuant to an
award on a contract let or sale made after public notice and in the
case of property other than real property, competitive bidding, provided
that the bid or offer accepted is the lowest received.
[Ord. No. 1492, § 1, 9-5-1991]
(a)
Any member of the board of aldermen who has a substantial personal
or private interest in any measure, bill, order or ordinance proposed
or pending before the board of aldermen shall, before passing on the
measure, bill, order or ordinance, file a written report of the nature
of the interest with the city clerk and such statement shall be recorded
in the minutes of the meeting.
(b)
Any member of the board of aldermen shall be deemed to have complied with the requirements of this section if he or she has filed, at any time before passing on such measure, bill, order or ordinance, a financial interest statement pursuant to section 2-79(3), below, which discloses the basis for his or her substantial personal or private interest or interests that he or she may have therein. Any member may amend his or her financial interest statement to disclose any subsequently acquired substantial interest at any time before he or she passes on any measure, bill, order or ordinance and shall be relieved of the provisions of subsection (a) of this section.
[Ord. No. 1492, § 1, 9-5-1991]
(a)
No member of any agency of the city who is empowered to adopt a rule
or regulation, other than rules and regulations governing the internal
affairs of the agency, or who is empowered to fix any rate, adopt
zoning or land use planning regulations or plans, or who participates
in or votes on the adoption of any such rule, regulation, rate or
plan shall:
(1)
Attempt to influence the decision or participate, directly or indirectly,
in the decision of the agency of which he or she is a member when
he or she knows the result of such decision may be the adoption of
rates or zoning plans by the agency which may result in a direct financial
gain or loss to such member, the member's spouse or a dependent child
in the member's custody or to any business with which the member is
associated; or
(2)
Perform any service, during the member's term, for any person, firm
or corporation for compensation other than the compensation provided
for the performance of the member's official duties, if by the performance
of the service the member attempts to influence the decision of the
agency of which he or she is a member; or
(3)
Perform for one year after termination of the member's term any service
for compensation for any person, firm or corporation to influence
the decision or action of the agency which he or she served as a member;
provided, however, that he or she may, after termination of his or
her office or employment, perform such service for consideration in
any adversary proceeding or in the preparation or filing of any public
document or conference thereon unless he or she participated directly
in that matter or in the receipt or analysis of that document while
serving as a member.
(b)
No such member or any business with which such member is associated
shall knowingly perform any service for, or sell, rent or lease any
property to any person, firm or corporation which has participated
in any proceeding in which the member adopted, participated in the
adoption or voted on the adoption of any rate or zoning plan or the
granting or revocation of any license during the preceding year and
received therefor in excess of five hundred dollars ($500.00) per
annum except on transaction pursuant to an award on a contract let
or sale made after public notice and in the case of property other
than real property, competitive bidding, provided that the bid or
offer accepted is the lowest received.
[Ord. No. 1492, § 1, 9-5-1991]
(a)
No person serving in a judicial or quasi-judicial capacity shall
participate in such capacity in any proceeding in which:
(1)
He or she knows that a party is any of the following: His or her
great-grandparent, grandparent, parent, stepparent, guardian, foster
parent, spouse, former spouse, child, stepchild, foster child, ward,
niece, nephew, brother, sister, uncle, aunt, or cousin, or any firm
or corporation in which he or she has an ownership interest, or any
trust in which he or she has any legal, equitable or beneficial interest;
or
(2)
He or she knows the subject matter is such that he or she may receive
a direct financial gain from any potential result of the proceeding,
except that no provision of this subsection shall be construed to
prohibit him or her from participating in any proceeding by reason
of the fact that the city, or any agency of the city, is a party.
(b)
No provision of this section shall be construed to prohibit him or
her from entering an order disqualifying himself or herself or transferring
the matter to another court, body or person for further proceedings.
[Ord. No. 1492, § 1, 9-5-1991]
(b)
No provision of sections 2-71 through 2-79 shall be construed to prohibit any person from communicating with the office of the attorney general or any prosecuting attorney or any attorney for the city concerning any prospective claim or complaint then under consideration not otherwise prohibited by law.
(c)
No provision of sections 2-71 through 2-79 shall be construed to prohibit any person, firm or corporation from receiving compensation for property taken by the city under the power of eminent domain in accord with the provisions of the Missouri Constitution, the Laws of the State of Missouri or the ordinances of the city.
[Ord. No. 1492, § 1, 9-5-1991]
(a)
CHIEF ADMINISTRATIVE OFFICER
CHIEF PURCHASING OFFICER
ELECTED OFFICIAL
FULL-TIME GENERAL COUNSEL
OFFICIALS (OR "EMPLOYEES") AUTHORIZED TO PROMULGATE OR VOTE
ON RULES AND REGULATIONS WITH THE FORCE OF LAW
Definitions. For purposes of this section, the following
terms shall have the following meanings:
Shall mean the mayor of the city.
Shall mean that official of the city designated by the mayor
from time to time to be primarily responsible for purchasing on behalf
of the city; provided, however, that the "chief purchasing officer"
and "chief administrative officer" may be one and the same person
and may be the mayor, if so designated.
Shall mean each person elected to a city office by the voters
of the city or a portion thereof.
Shall mean the city attorney, but only if employed by the
city under such terms that he or she is precluded from providing legal
services to any person or entity other than the city.
Shall mean the members of the board of aldermen and such
other board, agency or commission members designated from time to
time by the board of aldermen as having been specifically delegated
such authority.
(b)
Disclosure statements. Each elected official, the
chief administrative officer of the city, the chief purchasing officer
of the city and 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 of each year 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 city, other than
compensation received as an employee of the city or payment of any
tax, fee or penalty due to the city, and any other transfers for no
consideration to the city.
(2)
The date and identities of the parties to each transaction known
to any such 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 the 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.
(c)
Financial interest statements. By May 1 of each year the following information for the previous year must be disclosed by the chief administrative officer and the chief purchasing officer. In addition, any other elected or appointed official of the city may file a financial interest statement in lieu of compliance with the requirements of section 2-75(a), above.
(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 owned by such person;
(3)
The name, address and general nature of business conducted by each
general partnership and joint venture in which such person was a partner
or participant;
(4)
The name and address of each partner or coparticipant for each partnership
or joint venture identified according to the preceding subsection,
unless such names and addresses are filed by the partnership or joint
venture with the Missouri Secretary of State;
(5)
The name, address and general nature of the business conducted by
any closely held corporation or limited partnership in which such
person owned ten (10) percent or more of any class of the outstanding
stock or limited partnership units;
(6)
The name of any publicly traded corporation or limited partnership
that is listed on any publicly regulated stock exchange or automated
quotation system in which such person owned two (2) percent or more
of any class of outstanding stock, limited partnership units or other
equity interests;
(7)
The name and address of each corporation for which such person served
in the capacity of a director, officer or receiver.
(d)
Times to file financial interest statements. Financial
interest statements shall be filed at the following times, but no
person shall be required to file more than one 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 person may supplement their 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 an office for which a financial interest
statement is required by this section shall file the statement within
thirty (30) days of such appointment or employment.
(3)
Financial interest statements filed prior to January 1, 1993, shall
be filed with the city clerk and with the Missouri Secretary of State.
Reports filed after January 1, 1993, shall be filed with the city
clerk and with the Missouri Ethics Commission. All reports shall be
available for public inspection and copying during normal business
hours of the city hall.
[Ord. No. 2142 § 1, 8-5-2010]
