Editor’s Note: This ordinance provided for the repeal
of former Ch. 107, Code of Ethics. It also provided that it shall
remain in full force and effect for two (2) years from the date of
passage. Former Ch. 107 derived from Ord. No. 1238 §§ 1–5,
9-3-1991; Ord. No. 1897 §§ 1–5, 8-15-2000; Ord. No.
2129 §§ 1–5, 5-18-2004; Ord. No. 2202 §§
1–17, 6-21-2005; Ord. No. 2207 §§ 1–17, 8-2-2005;
Ord. No. 2236, 2-7-2006; Ord. No. 2438, 9-2-2008.
[Ord. No. 2773 §2, 8-19-2014]
The proper operation of democratic 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 Code of Ethics for all officials and
employees of the City of Parkville, whether elected or appointed,
paid or unpaid, and a Municipal Officials Ethics Commission. The purpose
of this Chapter is to establish ethical standards of conduct for all
officials and employees by setting forth those acts or actions that
are incompatible with the best interests of the City and by directing
disclosure by such officials and employees of private financial or
other interests in matters affecting the City. The provisions and
purpose of this Chapter and such rules and regulations as may be established
are hereby declared to be in the best interests of the City. This
Chapter shall apply to the Board of Aldermen, paid employees and members
of all boards and commissions.
[Ord. No. 2773 §2, 8-19-2014]
Public officials and employees are agents of public purpose
and hold office for the benefit of the public. They are bound to uphold
the Constitution of the United States and the Constitution of this
State and to carry out impartially the laws of the Nation, State and
municipality and thus to foster respect for all government. They are
bound to observe in their official acts the highest standards of morality
and to discharge faithfully the duties of their office, regardless
of personal considerations, recognizing that the public interest must
be their primary concern. Their conduct in both their official and
private affairs should be above reproach.
[Ord. No. 2773 §2, 8-19-2014]
A.
A person shall receive orientation training on ethics after election
as either a member of the Board of Aldermen or Mayor or appointment
to a City board, commission or committee and within a reasonable length
of time after taking office. It shall be the responsibility of the
City Administrator or his/her designee to provide this training, which
shall include: legislative procedures, applicable Sections of Chapter
105, RSMo. (Conflict of Interest and Missouri Ethics Commission);
Chapter 130, RSMo., (Campaign Financial Disclosure); Chapter 610,
RSMo. (the Sunshine Law); and this Code of Ethics.
B.
The City Administrator shall furnish each elected or appointed official
with a written synopsis of the functions and responsibilities of each
City department and a synopsis of the City financing sources, including
definition of terms. Elected and appointed officials will have the
opportunity to meet with each department head and receive orientation
on that department's functions and responsibilities and to meet with
the City Administrator or his/her designee and receive orientation
on any compensation and benefits.
[Ord. No. 2773 §2, 8-19-2014]
A.
Canvassing of members of the Board of Aldermen, directly or indirectly,
in order to obtain preferential consideration in connection with employment
by the City shall disqualify the candidate for employment.
B.
No official or employee shall request or permit the use of 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 such official or
employee in the conduct of official business.
[Ord. No. 2773 §2, 8-19-2014]
A.
All elected and appointed officials, as well as employees of a political
subdivision, must comply with Section 105.454 of Missouri Revised
Statutes on conflicts of interest, 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 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 or private interest" is defined as ownership by the individual,
his spouse, or his dependent children, whether singularly or collectively,
directly or indirectly, of:
1.
Ten percent (10%) or more of any business entity involved; or
2.
An interest having a value of ten thousand dollars ($10,000)
or more in the matter; or
3.
The receipt of a salary, gratuity, or other compensation or
remuneration of five thousand dollars ($5,000) or more from any individual,
partnership, organization or association within any calendar year.
C.
Elected and appointed officials should avoid the appearance of impropriety
by refraining from engaging in conduct that appears to make their
decisions influenced by other City officials rather than being arrived
at independently. As an example, an official should avoid hiring or
retaining another member of the same board, commission or committee
as an employee, being hired or retained as an employee by another
City official, rendering financial assistance to another City official,
providing to another City official a gift or engaging in any activity
wherein the general public would believe the relationship would have
the effect of influencing any decisions being made.
D.
Other situations may not be covered by these guidelines. In these
situations, members of the Board of Aldermen, employees and members
of all City boards and commissions are encouraged to seek counsel
from the City Attorney prior to acting. Again, it is important to
note that the appearance of fairness and impartiality is as important
as actual fairness and impartiality. When a conflict of interest does
occur, the following steps should be taken:
1.
The member or official must declare and the record should show
that a conflict of interest exists with respect to a particular issue
and that the member will not participate in any discussion or action;
2.
The member or official shall explain and the record should show
what constitutes the specific conflict;
3.
The member must step down from his or her regular seat and leave
the room;
4.
The member should not speak with any other members during or
prior to the discussion of the issue at hand;
5.
The member should not represent or speak on behalf of any interested
party but may utilize a representative to convey his or her own position
as a private citizen during the discussion of the issue at hand; and
6.
The member must not discuss the issue privately with any other
member voting on the matter.
[Ord. No. 2773 §2, 8-19-2014]
A.
Penalty. Violation of any provision of this Chapter
may be punished by a fine of not less than one dollar ($1.00) and
not more than five hundred dollars ($500.00), by imprisonment for
a period not to exceed ninety (90) days, by restitution, or by any
or all of the above.
B.
Administrative Sanction. Violation of any provision
of this Chapter may constitute a cause of suspension, removal from
office or employment or other disciplinary action by the Board of
Aldermen pursuant to applicable City ordinances and State Statutes.
C.
Ethics Commission Determination. Any complaint alleging a violation of this Chapter shall first be submitted to the Municipal Officials Ethics Commission (see Section 107.100 herein) for a hearing and advisory determination before institution of any court action by the City Prosecutor or disciplinary proceedings by the Board of Aldermen under Subsection (B). All proceedings for imposing penalties under Subsection (A) of this Section shall be prosecuted in the Municipal Court of Parkville unless ordered otherwise by the Presiding Judge of the Circuit Court of Platte County.
[Ord. No. 2773 §2, 8-19-2014]
A.
No elected official, appointee or employee of the City serving in
an executive or administrative capacity shall perform any service
for any monetary or in-kind compensation during one (1) year after
termination of his or her office or employment by which performance
he or she attempts to influence a decision of the City or any department
or agency thereof.
B.
This Section shall not be construed to prevent any person from:
1.
Performing such service and receiving compensation therefor
in an adversary proceeding having a record or right of appeal or in
the preparation or filing of any public document as long as only publicly
available information is utilized in the performance of duties in
any adversary proceeding.
2.
Submitting any bid and participating in any contract from a
successful bid with the City for any goods or services which will
be awarded to the lowest and best bidder.
[Ord. No. 2773 §2, 8-19-2014]
No member of any board, commission or committee should, alone
or in concert with any other members of the same board, commission
or committee, engage in any act which could be construed by the general
public as an official action of that board, commission or committee
unless such action has been taken by motion or resolution. A board,
commission or committee can only act in its official capacity by motion
or resolution. This rule prohibits any member of any board, commission
or committee, or members acting in concert with each other, from engaging
in any oral or written communications which identify their conduct
as the conduct of the board, commission or committee, unless such
action has been taken by motion or resolution. Any personal opinion
or position taken by an elected or appointed official must be represented
as a personal opinion as a private citizen unless said position has
been adopted by motion or resolution of the elected or appointed body
in which the official serves.
[Ord. No. 2773 §2, 8-19-2014]
When any member of any board, commission or committee formed
pursuant to the ordinances of the City of Parkville participates in
any activity on behalf of any candidate for public office in any municipal
election of the City of Parkville wherein that person identifies himself
(herself) as a member of that board, commission or committee as part
of the activity on behalf of such candidate, such member shall affirmatively
State that his or her activities are in no way sanctioned or connected
to the board, commission or committee on which he or she serves.
[Ord. No. 2773 §2, 8-19-2014]
A.
There is hereby created a Municipal Officials Ethics Commission,
which shall have the power and duty to render advisory opinions to
the Board of Aldermen in all ethics complaints and to investigate
and report on allegations of violations of the City Code of Ethics
and ordinance provisions concerning conflicts of interest and financial
disclosure by all elected and appointed officials, as well as all
employees of the political subdivision. The Commission may call upon
the City Attorney, the City Treasurer or other appropriate public
official to assist in an investigation or may utilize outside counsel
or staff if it is reasonable and necessary to properly complete its
work.
B.
The Commission, with the concurrence of at least three (3) members,
may issue advisory opinions upon the written request by any member
of the Board of Aldermen, the Mayor or the City Administrator. Such
advisory opinions shall remain closed until the advisory opinion is
provided to the Board of Aldermen.
C.
The Commission, with the affirmative vote of at least three (3) of
its members, upon the sworn complaint of any resident of the City
or upon its own initiative, may investigate an alleged violation and
issue an advisory opinion on the complaint. The Commission shall have
the power to examine witnesses under oath or affirmation and can request
persons necessary for its investigation to appear before it and produce
any records or documents it believes relevant.
D.
The Commission shall, upon receiving such sworn complaint or following
its own affirmative vote to consider an investigation, notify the
municipal official, in writing, of the nature of the alleged complaint.
The municipal official shall be given at least ten (10) days to provide
the Commission with such information as he or she deems appropriate
to explain or justify the circumstances. At the request of the municipal
official or on its own initiative, the Commission shall hold a hearing
where the municipal official can provide evidence and testimony and
examine any other witness that testifies. Thereafter, the Commission
shall issue its advisory opinion, which can include the Commission's
recommendations. The Commission shall provide the municipal official
or responding party five (5) business days to respond to the advisory
opinion and recommendations. Thereafter, the Commission shall forward
its advisory opinion and recommendations to the Board of Aldermen.
[Ord. No. 2773 §2, 8-19-2014]
A.
The Commission shall consist of five (5) members appointed by the
Mayor and Board of Aldermen as herein provided. The Mayor shall appoint
(1) member, who shall be the Chairperson of the Commission and shall
serve for five (5) years. The Board of Aldermen shall appoint four
(4) members, one (1) from each aldermanic district. Commissioners
shall serve for five (5) years, except that in the first year, two
(2) members shall serve for three (3) years, and two (2) members shall
serve for two (2) years. The determination as to who serves three
(3) years and who serves two (2) years shall be decided by lot. All
Commission members shall serve until their successors are duly appointed.
In the event of a vacancy due to a resignation or otherwise, the successor
shall be appointed for the balance of the unexpired term.
B.
All Commissioners shall be residents of the City and shall serve
without compensation but may be reimbursed their necessary and reasonable
expenses. No members of the Commission shall hold any other public
office or be a candidate for same in Parkville.
[Ord. No. 2773 §2, 8-19-2014]
[Ord. No. 2773 §2, 8-19-2014; Ord. No. 3045, 9-1-2020; Ord. No. 3139, 8-30-2022]
Each elected official, candidate for elective office, the Chief
Administrative Officer, and the Chief Purchasing Officer shall disclose
the following information by May 1, or the appropriate deadline as
referenced in Section 105.487, RSMo., if any transactions occurred
during the previous calendar year.
A.
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.
B.
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.
C.
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:
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/she
owned; the name, address and the general nature of the business conducted
by each general partnership and joint venture in which he/she was
a partner or participant; the name and address of each partner or
co-participant 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 by 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;
3.
The name and address of each corporation for which such person
served in the capacity of a director, officer or receiver.
[Ord. No. 2773 §2, 8-19-2014]
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 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.
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 election. The time period of
this statement shall cover the twelve (12) months prior to the closing
date of filing for candidacy.
