[Ord. No. 1876 §1, 2-17-1997]
A.
The
public judges its government by the way public officials and employees
conduct themselves in their respective offices to which they are elected
or appointed. The proper operation of democratic government requires
the following:
1.
That public officials and employees be independent, impartial and
responsible to the people;
2.
That government decisions and policies be made in the proper channels
of the government structure;
3.
That public office not be used for personal gain; and
4.
That the public have confidence in the integrity of its government.
[Ord. No. 1876 §2, 2-17-1997]
There is hereby established a Code of Ethics for all officials
and employees, whether elected or appointed, paid or unpaid.
[Ord. No. 1876 §3, 2-17-1997]
This Chapter shall apply to the Mayor, Aldermen, City Collector,
paid employees, and members of Boards and Commissions. Moreover, the
provisions and purpose of this Chapter are hereby declared to be in
the best interest of the City.
[Ord. No. 1876 §4, 2-17-1997]
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 the
State of Missouri and to carry out impartially the laws of the nation,
State and municipality. 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 interests may be their primary concern.
Their conduct in both their official and private affairs should be
above approach.
[Ord. No. 1876 §5, 2-17-1997]
A.
No
official or employee shall grant or make available to any person any
consideration, treatment, advantage or favor beyond that which is
the general practice to grant or make available to the public at large.
B.
No
official or employee shall request, use or permit the use of any publicly
owned or publicly supported property, vehicle, equipment, labor or
services for the personal convenience or the private advantage of
himself/herself or any other person. This rule shall not be deemed
to prohibit an official or employee from requesting, using or permitting
the use of such publicly owned or publicly supported property, vehicle,
equipment, material, labor or service in which it is the general practice
to make available to the public at large or which is provided as a
matter of stated public policy for the use of officials and employees
of the conduct of official business.
[Ord. No. 1876 §6, 2-17-1997]
A.
No
official or employee shall engage in any business or transact or have
a financial interest or other personal interest which is incompatible
with the proper discharge of his/her official duties in the public
interest or would tend to impair his/her independence, judgement or
action in the performance of his/her official duties.
B.
No
official or employee who has a financial or private interest concerning
any business of the City shall participate in discussion with or give
an official opinion to the Board of Aldermen or to any officer or
official body of the City Government.
C.
The
Mayor or an Alderman who has a financial or other private interest
in any legislation shall disclose on the record of the Board of Aldermen
or other appropriate authority the nature of his or her interest and
shall disqualify himself/herself from voting on any matters relating
to this interest.
[Ord. No. 1876 §7, 2-17-1997]
A.
GIFT
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
20.
21.
22.
IMMEDIATE FAMILY MEMBER
OFFICIAL OR EMPLOYEE OF THE CITY
SUBSTANTIAL INTEREST IN LEGISLATIVE OR ADMINISTRATIVE ACTION
1.
2.
3.
4.
5.
Definitions. Unless the context specifically indicates otherwise,
the following terms as used in this Section are defined as follows:
Anything of more than twenty dollars ($20.00) of value given
to a person at one (1) time, whether tangible or intangible, which
would reasonably be considered of worth, use or service to the person
to whom it is conferred. It includes but is not limited to:
Money.
Products or merchandise.
Works of art or collectibles.
Stocks, bonds, notes or options.
An interest in real property.
Contracts or a promise of a future interest in a contract.
An interest or a promise of a future interest in a business.
Meals, beverages, or lodging.
Transportation for non-City purposes.
Services, including loaned employees.
Loans, loan guarantees, co-signing.
Forgiveness of a debt.
Discounts or rebates not extended to the public generally.
Preferential treatment.
Tickets or admissions.
Free or discounted use of office facilities.
Loan of office equipment.
Promise or offer of present or future employment.
Use of autos, boats, apartments, or other recreational or lodging
facilities.
Intangible rights such as cause of action.
Licenses, patents, copyrights or any interest herein.
Any other item tangible or intangible having economic value.
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A gift for purposes of this Section does not include:
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1.
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Gifts from any immediate family member, parent, emancipated
child, grandparent, grandchild, parent-in-law, brother-in-law, sister-in-law,
nephew, niece, aunt, uncle, great-uncle, great-aunt, first cousin,
second cousin, or the spouse of any of these persons.
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2.
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Campaign contributions which are reported under Chapter 130, Missouri Revised Statutes, as amended.
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3.
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Contributions to any cause or organization, including a bona
fide charity, made in response to a direct solicitation from an officer
or employee.
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4.
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Wages or salary paid for work or services from employment properly
reported.
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5.
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Compensation paid for goods or services to self-employed individuals.
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Gift or gifts totaling in value more than twenty dollars ($20.00)
given to the official or employee or member of his/her immediate family
at the same or substantially the same time shall be deemed a single
gift to the official or employee.
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A spouse or unemancipated child.
Any elected or appointed official or employee of the City.
Persons or organizations which:
Are regulated by the City;
Provide goods and services to the City for compensation of profits;
Seek employment with the City;
Will be directly and substantially effected, either financially
or personally, by any contemplated legislative or administrative actions;
or
Have or seek contracts for goods or services with the City.
B.
No
official or employee of the City or an immediate family member of
such person shall knowingly accept any gift from any person or business
entity having substantial interest in the legislative or administrative
action of the City unless such gift is disclosed as required in this
Section.
C.
Any
official or employee of the City and any official or employee of the
City upon belief of any immediate family member receiving a gift as
defined in this Section shall report such gift within thirty (30)
days after receipt of such gift. All such reports shall be considered
public records.
D.
Any
official or employee otherwise required to file a financial interest
statement under the laws of this State shall be exempt from the filing
requirement of this Section.
[Ord. No. 1876 §8, 2-17-1997]
A.
No
official or employee shall, without prior formal authorization of
the Board of Aldermen, disclose any confidential information concerning
any other official or employee, or any person, or any property or
governmental affairs of the City.
B.
No
official or employee, whether or not it involves disclosure, shall
use or permit the use of any such confidential information to advance
the financial or personal interest of himself/herself or any other
person.
[Ord. No. 1876 §9, 2-17-1997]
A.
There
is hereby created and established an Ethics Committee consisting of
five (5) persons who shall neither be officials nor employees of the
City. At least one (1) member of the Committee shall be an attorney-at-law
licensed in the State of Missouri and said member may, but shall not
be required to be, a resident of the City of Pleasant Valley, Missouri.
All other members of the Committee shall be residents of the City.
B.
The
Committee members shall be appointed by the Mayor with the consent
and approval of a majority of the members of the Board of Aldermen
elected. Said committee members shall serve for a term of five (5)
years provided however, that those first appointed hereunder, shall
have terms expiring one (1), two (2), three (3), four (4) and five
(5) years respectively, from the date of commencement of their terms.
Any vacancies created on the Committee shall be filled for unexpired
terms and members shall remain in office until their successor has
been duly appointed and approved.
C.
The
members shall elect a Chairperson annually and the Committee shall
adopt such rules as are necessary for the conduct of its business.
[Ord. No. 1876 §10, 2-17-1997]
Upon the written request of any official or employee concerned,
the Ethics Committee shall render a written advisory opinion based
upon provisions of this Chapter. The Ethics Committee shall file its
advisory opinions with the City Clerk, but may delete the name of
the official or employee involved.
[Ord. No. 1876 §11, 2-17-1997]
No penalty or other sanction provided for under this Chapter shall be imposed against any official or employee in the absence of a hearing and a determination by the Ethics Committee that a provision of this Chapter has been violated, and a recommendation of the Committee that such violation be prosecuted in a court of law as provided under this Chapter. Any complaint alleging a violation of this Chapter shall first be submitted to the Ethics Committee for such a hearing and determination before institution of any court or disciplinary proceedings. The Ethics Committee shall conduct a public hearing in accordance with all of the requirements of providing a fair and impartial hearing and, further, shall be in full compliance with Section 610.010, et seq., Missouri Revised Statutes. Upon completion of the hearing, the Ethics Committee shall reduce its findings and conclusions to writing.
[Ord. No. 1876 §12, 2-17-1997]
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, or by both fine and imprisonment.
B.
Restitution. Should a person be found to have unlawfully
used City-owned vehicles, equipment, materials or property for personal
convenience or profit, the court may, in addition to any other lawful
order, require restitution to be paid to the City.
C.
Administrative Sanction. Violation of any provision of this
Chapter may constitute a cause for suspension, removal from office
or employment, or other disciplinary action.
[Ord. No. 1987 §1, 8-18-1998; Ord. No. 2356 §1, 9-4-2001; Ord.
No. 2709 §1, 9-6-2005; Ord. No. 2755 §1, 9-5-2006; Ord.
No. 2951 §1, 9-8-2009; Ord. No. 3047 §1, 9-6-2011; Ord.
No. 3101 §1, 7-15-2013; Ord. No. 3141 §1, 7-7-2014; Ord. No. 3223 § 1, 7-5-2016; Ord. No. 3299, 7-2-2018; Ord. No. 3380, 6-1-2020; Ord. No. 3457, 7-5-2022]
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 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 procedure for disclosure by certain
government officials and employees of private financial or other interest
in matters affecting the City.
[Ord. No. 1987 §2, 8-18-1998; Ord. No. 2356 §2, 9-4-2001; Ord.
No. 2709 §2, 9-6-2005; Ord. No. 2755 §2, 9-5-2006; Ord.
No. 2951 §2, 9-8-2009; Ord. No. 3047 §2, 9-6-2011; Ord.
No. 3101 §2, 7-15-2013; Ord. No. 3141 §2, 7-7-2014; Ord. No. 3223 § 2, 7-5-2016; Ord. No. 3299, 7-2-2018; Ord. No. 3380, 6-1-2020; Ord. No. 3457, 7-5-2022]
The Mayor or any member of the Board of Aldermen who has a substantial
personal or private interest, as defined by State law, in any bill
shall disclose on the records of the Board of Aldermen the nature
of their interests and shall disqualify themselves from voting on
any matters relating to this interest.
[Ord. No. 1919 §2, 9-15-1997; Ord. No. 1987 §3, 8-18-1998; Ord.
No. 2356 §3, 9-4-2001; Ord. No. 2709 §3, 9-6-2005; Ord.
No. 2755 §3, 9-5-2006; Ord. No. 2951 §3, 9-8-2009; Ord.
No. 3047 §3, 9-6-2011; Ord. No. 3101 §3, 7-15-2013; Ord.
No. 3141 §3, 7-7-2014; Ord. No. 3223 § 3, 7-5-2016; Ord. No. 3299, 7-2-2018; Ord. No. 3380, 6-1-2020; Ord. No. 3457, 7-5-2022]
Each elected official, the Chief Administrative Officers, the
Chief Purchasing Officer, and general counsel (if employed full-time),
shall disclose the following information by May 1 if any such transactions
were engaged in 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 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; and
B.
The date and 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 for any tax, fee or penalty due to the political subdivision
or transaction involving payment for providing utility service to
the political subdivision, and other than transfers for no consideration
to the political subdivision; and
C.
The Chief Administrative Officer and the Chief Purchasing Officer
also shall disclose by May 1 for the previous calendar year the following
information:
1.
The name and address of each of the employees 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 they owned;
the name, address and the general nature of the business conducted
of each general partnership and joint venture in which they were a
partner or participant; the name and address of each partner or coparticipant
for each partnership or joint venture unless such names and addresses
are filed by the partnership 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 outstanding stock 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. 1919 §3, 9-15-1997; Ord. No. 1987 §4, 8-18-1998; Ord.
No. 2356 §4, 9-4-2001; Ord. No. 2709 §4, 9-6-2005; Ord.
No. 2755 §4, 9-5-2006; Ord. No. 2951 §4, 9-8-2009; Ord.
No. 3047 §4, 9-6-2011; Ord. No. 3101 §4, 7-15-2013; Ord.
No. 3141 §4, 7-7-2014; Ord. No. 3223 § 4, 7-5-2016; Ord. No. 3299, 7-2-2018; Ord. No. 3380, 6-1-2020; Ord. No. 3457, 7-5-2022]
The reports, in the attached format,[1] shall be filed with the City Clerk and the Ethics Commission;
the reports shall be available for public inspection and copying during
normal business hours.
[1]
Editor's Note: Said format is on file in the City offices.
[Ord. No. 1919 §4, 9-15-1997; Ord. No. 1987 §5, 8-18-1998; Ord.
No. 2356 §5, 9-4-2001; Ord. No. 2709 §5, 9-6-2005; Ord.
No. 2755 §5, 9-5-2006; Ord. No. 2951 §5, 9-8-2009; Ord.
No. 3047 §5, 9-6-2011; Ord. No. 3101 §5, 7-15-2013; Ord.
No. 3141 §5, 7-7-2014; Ord. No. 3223 § 5, 7-5-2016; Ord. No. 3299, 7-2-2018; Ord. No. 3380, 6-1-2020; Ord. No. 3457, 7-5-2022]
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:
A.
Each person appointed to office shall file the statement within thirty
(30) days of such appointment or employment.
B.
Every other person required to file a financial interest statement
shall file the statements 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 interest acquired
after December 21 of the covered year until the date of filing of
the financial interest statement.
[Ord. No. 1919 §5, 9-15-1997]
Chapter 135 of the Code of the City of Pleasant Valley, Missouri, is hereby readopted and reenacted in full, and is incorporated herein by reference as if fully set forth at this point.
[Ord. No. 1919 §6, 9-15-1997; Ord. No. 1987 §6, 8-18-1998; Ord.
No. 3141 §6, 7-7-2014; Ord. No. 3299, 7-2-2018; Ord. No. 3457, 7-5-2022]
The City Clerk shall send a certified copy to the Missouri Ethics
Commission within ten (10) days of its adoption.
