[R.O. 1997 § 125.010; Ord. No. 7 § 1, 9-1-1995]
In the light of a tendency today
on the part of some people to downgrade our local governments and
to discredit our public servants and our free institutions generally,
it appears necessary that every effort be made to assure the highest
caliber of public administration of this town as part of our State's
important system of local government. It is the purpose of this Chapter
to implement this objective through the establishment of standards
of conduct and disclosure requirements, to provide for punishment
of violation of such standards and to create an Ethics Commission
to render advisory opinions to the town's officers and employees as
provided herein.
[R.O. 1997 § 125.020; Ord. No. 7 § 2, 9-1-1995; Ord.
No. 2003 § 1, 4-28-2014]
This policy is enacted pursuant to
Section 105.485.4, RSMo., and shall apply to all officers and employees
of the City of Wildwood and to any person or business entity filing
any papers with, appearing before, doing business with, or having
any dealings or transactions of any kind with any officer, employee,
or agency acting on behalf of the City of Wildwood.
[R.O. 1997 § 125.030; Ord. No. 7 § 3, 9-1-1995; Ord.
No. 2003 § 1, 4-28-2014]
As used in this Chapter, unless the
context clearly requires otherwise, the following terms shall have
the meanings indicated:
Means any corporation, limited liability company, general
or limited partnership, sole proprietorship (including a private consulting
firm, person, entity or operation), joint venture, unincorporated
association or firm, institution, trust, any combination of individuals
and/or artificial entities, foundation or other organization, whether
or not organized for profit.
To derive special private advantage as opposed to a general
advantage derived as a member of a large class or of the public at
large.
A person performing service for, or holding a position of
employment with the City of Wildwood on a full-time, regular or part-time
basis, or as a consultant or volunteer, whether on a paid or unpaid
basis.
The officer or employee and his/her spouse and their parents,
children, grandchildren, domestic partner, brothers, sisters, and
spouses thereof.
A person holding any office, position as department or division
head, membership on any board or commission, whether by election or
appointment, whether serving with or without compensation, for the
City of Wildwood.
The receipt by an employee or officer
or his/her immediate family of salary, gratuity, compensation or other
remuneration of five thousand dollars ($5,000.00) or more in any calendar
year from a business entity; or
When an officer or employee, or his/her
immediate family member, serves as a director, officer, trustee, authorized
agent or representative of a business entity.
[R.O. 1997 § 125.040; Ord. No. 7 § 4, 9-1-1995]
All elected and appointed officials
as well as employees of the City shall comply with Section 105.454,
RSMo., relating to conflicts of interest as well as this Chapter and
any other State law governing official conduct.
[R.O. 1997 § 125.050; Ord. No. 7 § 5, 9-1-1995; Ord.
No. 2003 § 1, 4-28-2014]
A.
It shall be unlawful for any officer or
employee to engage in any activity which would place him/her in a
position of conflict between his/her private interest and the public
interest of the City of Wildwood, Missouri, which shall include by
example but not be limited to:
1.
Engaging in any private activity
which involves the improper use of information gained through his/her
public position or;
2.
Using the prerogative of his/her
official position for his/her direct benefit or on behalf of any member
of his/her immediate family's direct benefit; or
3.
Accepting any fee, compensation,
gift, payment or expenses or any other thing of monetary value, either
directly or indirectly, under circumstances in which acceptance may
result in any conflict of interest.
B.
Any officer or employee who violates this
Section shall be subject to forfeiture of his/her position or office
in accordance with applicable provisions of the City Charter, City
Code or other rules and regulations relating to removal from office
or termination of employment. In addition, if any officer or employee
of the City of Wildwood shall violate any provision of this Section,
the City of Wildwood shall be entitled to recover from said officer
or employee in a court of proper jurisdiction, an amount equal to
any considerations received by said officer or employee in the transaction
involving the violation of this Section, and this remedy shall be
in addition to any other remedy or penalty provided by law.
[R.O. 1997 § 125.060; Ord. No. 7 § 8, 9-1-1995; Ord.
No. 564 §§ 4—5, 9-13-1999; Ord. No. 2003 § 1, 4-28-2014]
A.
The following shall be deemed to be prohibited
conflicts of interest, and it shall be unlawful for any officer or
employee to act related to a matter in such circumstances:
1.
When any officer or employee shall
have discretion to act in any matter wherein he/she or a member of
his/her immediate family or any business entity in which he/she or
a member of his/her immediate family may have a substantial interest
may directly benefit from such action.
2.
When any officer or employee shall
have discretion to act in any matter which may directly benefit any
person or business entity with whom that person or entity and said
officer or employee or member of his/her immediate family shall have
had a substantial interest in the same business entity or both within
the period of two (2) years prior to such action.
3.
When any officer or employee shall
have discretion to act in any matter which may directly benefit any
person or business entity with whom such officer or employee or member
of his/her immediate family has a substantial or private interest
with the parties that may be directly benefited.
4.
When any officer or employee shall
have discretion to act in any matter, and has accepted or agreed to
accept anything of monetary value, either directly or indirectly,
from any person or business entity who may directly benefit from the
matter, given with the intent to influence his/her vote, opinion,
judgment, or decision on such matter or to induce him/her to neglect
his/her duty or to perform such duty with partiality or favor, or
otherwise than is required by law. No officer or employee shall accept
any gift from any person seeking any discretionary act from that officer
or employee, other than items which are mass produced and have a nominal
value of ten dollars ($10.00) or less. Receipt of food, drink, entertainment,
or other nominal things of value coincident with attendance at social
or public gatherings shall not be deemed a violation of this Chapter.
5.
When any officer or employee shall
use or attempt to use his/her official position to secure unwarranted
privileges or exemptions for himself/herself or others.
6.
When any officer or employee shall
appear in behalf of private interests in any action or proceeding
against the City in any litigation to which the City is a party, or
receive any compensation or retainer that may be contingent upon a
specific action by a City agency. A City Council Member shall not
appear in a representative capacity before any administrative agency
or board of the City exercising judicial or quasi-judicial functions.
7.
When any officer or employee shall
disclose confidential information acquired by him/her in the course
of his/her official duties or use such information to further his/her
personal interest. He/she shall not disclose any non-public information
concerning the affairs of the City of Wildwood. Any inquiring person
shall be directed to the public records of the City or another official
not in conflict.
8.
When any officer or employee uses
City-owned vehicles, equipment, materials or property for personal
convenience or profit, except when such services are available to
the public generally or are provided as municipal policy for the use
of officials in the conduct of official business.
9.
When any officer or employee grants
a special consideration, treatment or advantage to any citizen beyond
that which is reasonably available to other citizens similarly situated.
10.
When any officer or employee engages
in, solicits, negotiates for or promises to accept private employment
or renders services for private interests when such employment or
service creates a conflict with or impairs the proper discharge of
his/her official duties. The following concern particular offices
or departments:
a.
Department Of Planning And Public
Works. Neither the Inspector, the City Engineer, the Director of Planning,
nor any assistant shall engage within the City in the real estate,
insurance, building contracting or building material business during
the course of his or her employment. This shall not prevent such persons
who have a real estate license or an insurance license in effect at
the time he/she acquired his/her position from continuing such license
in effect.
b.
Office Of The Assessor Collector.
The Assessor, Assistant Assessor, Collector and any employee thereof
shall not use the records and information of his/her department for
any private use whatever.
[R.O. 1997 § 125.070; Ord. No. 7 § 6, 9-1-1995; Ord.
No. 564 §§ 1—3, 9-13-1999; Ord. No. 2003 § 1, 4-28-2014]
A.
Every person or business entity filing
any application, petition, or other formal request for action by any
officer or employee of the City of Wildwood shall fully and truthfully
disclose with such application the name of every person or business
entity for whom he/she is acting when requested to do so by said officer
or employee.
B.
Every officer or employee shall fully and truthfully disclose to his/her superior, as defined in Section 125.090 herein, any interest he/she may have, or benefit he/she may receive, in any matter over which he/she shall have discretion to act.
C.
Any member of the Council who has a substantial
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 before the body takes action
thereon, and such disclosure shall be recorded in the appropriate
journal of the Governing Body. Such disclosure shall be in writing
with a copy given to the City Clerk. The City Clerk shall read such
disclosure into the record at the next regularly scheduled Council
meeting after the approval of the previous meeting minutes but prior
to any other business being conducted during that meeting.
D.
Every officer, the Chief Administrative
Officer and the Chief Purchasing Officer, shall disclose by April
1 the information required in Section 105.485.4, RSMo., for the previous
calendar year, or applicable reporting period.
E.
Every officer or employee shall be required
to disclose any conflict of interest in writing to the appropriate
parties as soon as possible after such conflict has been determined
to exist but never later than the next regularly scheduled Council
meeting. Should there be any uncertainty as to whether a conflict
exists or not, the officer or employee shall be required to ask in
writing for the Board of Ethics to review the facts and make determination
regarding the potential conflict of interest. The City Clerk shall
provide a copy of any and all such written requests to all elected
officials of the City of Wildwood, Missouri, by way of written notice
that does not contain the names of the parties involved.
[R.O. 1997 § 125.080; Ord. No. 7 § 7, 9-1-1995; Ord.
No. 2003 § 1, 4-28-2014]
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
April 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.
2.
Each person appointed to office shall
file the statement within thirty (30) days of such appointment or
employment.
B.
Financial disclosure reports giving the information required in Section 125.070(D) shall be filed with the City Clerk and, if applicable, the Missouri Ethics Commission. The reports shall be available for public inspection and copying during normal business hours.
[R.O. 1997 § 125.090; Ord. No. 7 § 9, 9-1-1995; Ord.
No. 564 § 6, 9-13-1999]
A.
In the event that any officer, employee
or member of a board or commission shall have a prohibited conflict
of interest in any matter in which he/she shall have discretion to
act, he/she shall be disqualified to act in such matter and shall
immediately inform his/her superior who shall thereupon relieve him/her
of his/her assignment in that particular matter, and shall exercise
the discretion to act therein. For purposes of this Subsection, the
superior to any employee shall be the City Administrator.
B.
The superior to the City Administrator
shall be the City Council, and in cases involving the City Council
Members, the superior shall be the Mayor. In the case of the Mayor,
the Mayor Pro Tem of the Council shall be deemed his/her superior.
In the case of a member of any board or commission, the superior shall
be the Mayor or Mayor Pro Tem in his/her absence. If sufficient members
of the board or commission remain who are not disqualified, the board
or commission may continue to act on the matter. If there are not
sufficient members to act who are not disqualified, then any such
matter pending before any board or commission of the City of Wildwood
shall be transferred to the City Council for action.
[R.O. 1997 § 125.100; Ord. No. 7 § 10, 9-1-1995; Ord.
No. 2003 § 1, 4-28-2014]
It shall be unlawful for any person
or business entity to pay or engage to pay, or to offer or attempt
to pay any officer or employee, any member of his/her immediate family
or any business entity in which said officer or employee or member
of his/her immediate family shall have a substantial or private interest,
any commission, gratuity or consideration, directly or indirectly,
with respect to any matter in which said officer or employee has discretion
to act.
[R.O. 1997 § 125.110; Ord. No. 7 § 11, 9-1-1995]
It shall be unlawful for any person,
having been an officer or employee of the City of Wildwood, Missouri,
within three (3) years after termination of his/her service or employment,
knowingly to act as agent or attorney for anyone other than the City
of Wildwood in connection with any judicial or other proceeding, application,
claim, controversy, or other particular matter in which the City of
Wildwood is a party or has a direct and substantial interest and in
which he/she participated personally and substantially as an officer
or employee while so employed. The Council may waive compliance with
this policy with respect to any contract, purchase, lease, or other
transaction if by prior resolution reciting the pertinent facts it
finds such action to be in the best interest of the City.
[R.O. 1997 § 125.120; Ord. No. 7 § 12, 9-1-1995; Ord.
No. 564 § 7, 9-13-1999; Ord. No. 1991 § 1, 1-27-2014; Ord.
No. 2003 § 1, 4-28-2014]
A.
Board Construction. The Board of Ethics
shall consist of five (5) members plus two (2) alternates appointed
by the Mayor and approved by a majority of the members of the City
Council. The terms of the regular members shall be for five (5) years
and shall be staggered so that each year one (1) seat is up for appointment.
The terms of the alternate members shall be for two (2) years and
shall also be staggered so that each year one (1) seat is up for appointment.
B.
Enforcement Of Code Of Ethics. The Board
of Ethics shall be empowered to receive complaints, either written
or oral, and shall conduct inquiries as it deems appropriate to determine
if there is cause to believe a violation has occurred. If the Commission
concludes there is cause, it shall make a full report to the City
Council in an executive session. The City Council may, at its discretion,
conduct further inquiries. If a majority of the members of the City
Council determine, by a motion and roll call vote, that a violation
has occurred, the offending officer or employee may be subject to
forfeiture of his/her position or office in accordance with the applicable
provisions of the City Charter, City Code or other rules and regulations
relating to removal from office or termination of employment. The
Council may, in conjunction with the City Attorney, seek the recovery
of any damages, or may recommend legal prosecution of the offender.
C.
Administration. Upon adoption of this Code
of Ethics, the City Administrator shall cause a copy thereof to be
distributed to every City employee. Failure to distribute any such
copy or failure to receive such copy shall have no effect on the duty
of compliance with this Code nor the enforcement of provisions hereof.
D.
Board Recommendation. Upon request of any
officer or employee, the Ethics Board shall give an opinion as to
whether a stated set of facts creates a conflict of interest or otherwise
violates this Code, and actions taken by the officer or employee consistent
with such opinion shall not be considered a violation of this Code.
Nothing herein shall require any officer or employee to seek such
opinion prior to their action.
[R.O. 1997 § 125.130; Ord. No. 7 § 13, 9-1-1995]
A certified copy of this Chapter,
adopted prior to September 15, 1995, shall be sent within ten (10)
days of its adoption to the Missouri Ethics Commission. The filing
of this Chapter shall exempt the municipality from all less restrictive
or duplicative disclosure provisions of Section 105.485, RSMo.
[R.O. 1997 § 125.140; Ord. No. 2307, 10-9-2017]
A.
Any City resident may file a complaint
with the City Clerk alleging a violation of the City Charter. Such
complaints shall be sworn and notarized and submitted on forms prepared
by the Special Prosecutor, which shall require, at a minimum, the
following information:
1.
Name, address and phone number of
the Complainant;
2.
Name of the City official alleged
to have violated the City Charter;
3.
The text and section number of the
provision of the Charter alleged to have been violated;
4.
A statement of all facts supportive
of the allegation of a violation of the City Charter;
5.
Copies of any exhibits supportive
of the facts alleged.
B.
Upon submission of a complaint pursuant
to this Section, the City Clerk shall immediately advise the Mayor
and City Council of the Complaint, and refer the complaint to the
Special Prosecutor.
C.
The Special Prosecutor shall review the
complaint, and, within thirty (30) days of its filing either:
1.
Report to the City Council that,
based upon the allegations made in the complaint, there is probable
cause to believe that a violation of the City Charter occurred;
2.
Report to the City Council that,
based upon the allegations made in the Complaint, the complaint has
been dismissed and the reasons therefor; or
D.
Upon receipt of a report to the City Council
that there is probable cause to believe that a violation of the City
Charter occurred, the City Council shall direct the Special Prosecutor
to prepare a resolution setting forth the facts and law alleging a
violation of the City Charter which shall include a copy of the filed
complaint. Such resolution shall be presented to the City Council
at its next Regular Meeting.
[R.O. 1997 § 125.150; Ord. No. 2308, 10-9-2017]
A.
No City officer, board member, Council
Member, commission member or employee shall use official authority
or official influence for the purpose of interfering with or affecting
the result of an election to City office.
B.
1.
Any City officers or employees:
a.
Using his or her official title while
participating in political activity;
b.
Using his or her authority to coerce
any person to participate in political activity; and
c.
Soliciting, accepting, or receiving
uncompensated individual volunteer services from a subordinate for
any political purpose; and
