[Ord. No. 916, 8-12-2021]
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 government 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 the City of Gerald (the "City") of personal or private
interests in matters affecting the City.
[Ord. No. 916, 8-12-2021]
A. All elected and appointed officials as well as employees of the City
must comply with Section 105.454, RSMo., on conflicts of interest
as well as any other State law governing official conduct.
B. The Mayor or any member of the Board of Aldermen who has a substantial
personal or private interest in any bill, introduced to the Board
of Aldermen, shall disclose to the Board of Aldermen the nature of
such interest which disclosure shall be recorded in the minutes of
the proceedings. Such person shall disqualify himself or herself from
voting on any bill relating to such interest. "Substantial or private
interest" is defined as ownership by the individual, his or her spouse,
or his or her dependent children, where 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.
[Ord. No. 916, 8-12-2021]
A. Each Alderman, the Mayor, the City Clerk and each candidate for elective
office shall disclose in writing 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 City, other than compensation received as a fee or salary 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 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 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.
[Ord. No. 916, 8-12-2021]
A. The Mayor and the City Clerk also shall disclose in writing by May
1 for the previous calendar year the following information:
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 he or
she owned; the name, address and the general nature of the business
conducted of each general partnership and joint venture in which he
or she was a partner or participant; the name and address of each
partner or co-participant for each 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
in 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.
[Ord. No. 916, 8-12-2021]
Disclosure reports of the information described in Sections
117.030 and
117.040 shall be filed with the City Clerk and with the Missouri Ethics Commission on forms prescribed by the City Attorney. The reports shall be available for public inspection and copying during normal business hours.
[Ord. No. 916, 8-12-2021]
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.
Each person required to file a financial interest statement
under this Section shall file such statement within thirty (30) days
of appointment or election;
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 Board of Aldermen 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.
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 election. 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
117.060(A)(3) shall be filed with the City and with the Missouri Ethics Commission. The reports shall be available for public inspection and copying during normal business hours.
[Ord. No. 916, 8-12-2021]
Any person found guilty of violating this Chapter shall be punished as provided in Section
100.100 of this Code.