[R.O. 2009 §130.010; Ord. No. 449 §1, 1-11-1994]
As used in this Chapter, the following terms shall have the
following meanings:
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
must 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 percent (10%) of the outstanding shares of any class or stock
or partnership units; or
Any trust in which one is a trustee or settlor or 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 percent
(10%) or more of the corpus of the trust.
The City of Pasadena Hills, 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 offices or entities
delineated in paragraphs (1) through (8) of this definition 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. The following officials or entities shall
be responsible for designating a decision-making public servant:
The governing body of the political subdivision with a general
operating budget in excess of one million dollars ($1,000,000.00);
A department director;
A judge vested with judicial power by Article V of the Constitution
of the State of Missouri;
Any commission empowered by interstate compact;
A Statewide elected official;
The speaker of the House of Representatives;
The President Pro Tem of the Senate;
The President or Chancellor of a State institution of higher
education.
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 percent (50%) 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 percent (10%) 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.
[R.O. 2009 §130.020; Ord. No. 449 §2, 1-11-1994]
A.Â
No
elected or appointed official or employee of the City shall:
1.Â
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 (3rd) 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.Â
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.Â
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.Â
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 (3rd) 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 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, except that such official or employee may act on increases
in compensation subject to the restrictions of the Missouri Constitution;
or
5.Â
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.
B.Â
No
elected or appointed official or employee of the City shall offer,
promote, or advocate for a political appointment in exchange for anything
of value to the City.
[R.O. 2009 §130.030; Ord. No. 449 §3, 1-11-1994]
A.Â
No
elected or appointed official or employee of the City, serving in
an executive or administrative capacity, shall:
1.Â
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 transaction or five thousand dollars ($5,000.00) 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.Â
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 transaction or five thousand dollars ($5,000.00) 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.Â
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 transaction
or five thousand dollars ($5,000.00) value per annum to the officer
or employee, to his/her spouse, to a dependent child in his/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.Â
Perform any services during the time of his/her office or employment
for any consideration from any person, firm or corporation, other
than the compensation provided for the performance of his/her official
duties, by which service he/she attempts to influence a decision of
any agency of the State or of any political subdivision in which he/she
is an officer or employee or over which he/she has supervisory power;
or
5.Â
Perform any service for consideration, during one (1) year after
termination of his/her 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
6.Â
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/her service or employment.
[R.O. 2009 §130.040; Ord. No. 449 §4, 1-11-1994]
A.Â
No
member of the Board of Aldermen shall:
1.Â
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.Â
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 transaction or five thousand dollars ($5,000.00) 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.Â
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.Â
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 percent (10%) partnership interest or
a co-participant or owner of in excess of ten percent (10%) of the
outstanding shares in any class of stock shall:
1.Â
Perform any service for the City or any agency thereof for any consideration
in excess of five hundred dollars ($500.00) per transaction or five
thousand dollars ($5,000.00) per annum, or in the case of a school
board five thousand dollars ($5,000.00) 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.Â
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 transaction or five thousand dollars ($5,000.00) per
annum, or in the case of a school board five thousand dollars ($5,000.00)
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.
[R.O. 2009 §130.050; Ord. No. 449 §5, 1-11-1994]
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.
[R.O. 2009 §130.060; Ord. No. 449 §6, 1-11-1994]
A.Â
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.Â
Attempt to influence the decision or participate, directly or indirectly,
in the decision of the agency of which he/she is a member when he/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.Â
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/she is a member; or
3.Â
Perform for one (1) 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 with which he/she served as a
member; provided however, that he/she may, after termination of his/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/she participated directly
in that matter or in the receipt or analysis of that document while
serving as a member.
B.Â
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 transaction or one thousand
five hundred dollars ($1,500.00) per annum except on transactions
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.
[R.O. 2009 §130.070; Ord. No. 449 §7, 1-11-1994]
A.Â
No
person serving in a judicial or quasi-judicial capacity shall participate
in such capacity in any proceeding in which:
1.Â
He/she knows that a party is any of the following: His/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/she has an ownership interest or any trust in which he/she
has any legal, equitable or beneficial interest; or
2.Â
He/she knows the subject matter is such that he/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/her from participating in any proceeding by reason of
the fact that the City, or any agency of the City, is a party.
B.Â
No
provision of this Section shall be construed to prohibit him/her from
entering an order disqualifying himself/herself or transferring the
matter to another court, body or person for further proceedings.
[R.O. 2009 §130.080; Ord. No. 449 §8, 1-11-1994]
A.Â
No
provision of this Chapter shall be construed to prohibit any person
from performing any ministerial act or any act required by order of
a court or by law to be performed.
B.Â
No
provision of this Chapter 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.Â
No
provision of this Chapter 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.
