[Ord. No. 2011-11 § 115.010, 8-3-2011; Ord. No. 2016-13 § 1, 6-7-2016; Ord. No. 2018-21, 8-14-2018; Res. No. 2020-C, 8-11-2020; Res. No. 2022-B, 9-6-2022]
As used in this Chapter, the following terms shall have the
following meanings:
BUSINESS ENTITY
A corporation, association, firm, partnership, proprietorship
or business entity of any kind or character.
BUSINESS WITH WHICH ONE IS ASSOCIATED
1.
Any sole proprietorship owned by oneself, one's spouse or any
dependent children in one's custody; or
2.
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 of stock
or partnership units; or
3.
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.
CITY
The City of Bel-Ridge, Missouri.
ELECTED OFFICIAL
Each person elected or appointed to the Board of Aldermen
of the City of Bel-Ridge, Missouri.
SUBSTANTIAL INTEREST
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.
[Ord. No. 2011-11 § 115.020, 8-3-2011; Ord. No. 2018-21, 8-14-2018; Res. No. 2020-C, 8-11-2020; Res. No. 2022-B, 9-6-2022]
A. No elected or appointed official or employee of the City shall:
1.
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 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;
2.
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;
3.
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;
4.
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 party by reason of such act. For the purposes of these provisions, "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 a 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 and shall not be relieved by reason of the provisions of Section
117.070(B), except that such official or employee may act on increases in compensation subject to the restrictions of the Missouri Constitution; or
5.
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.
[Ord. No. 2011-11 § 115.030, 8-3-2011; Ord. No. 2018-21, 8-14-2018; Res. No. 2020-C, 8-11-2020; Res. No. 2022-B, 9-6-2022]
A. No elected or appointed official or employee of the City serving
in an executive or administrative capacity shall:
1.
Perform any service for the City 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 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;
2.
Sell, rent or lease any property to the City and receive consideration
therefor in excess of five hundred dollars ($500.00) 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;
3.
Participate in any matter, directly or indirectly, in which
the officer or employee attempts to influence any decision of the
City when the officer or employee knows the results 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 for consideration in excess
of five hundred dollars ($500.00) 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 the 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;
4.
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, 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
5.
Perform any service for any consideration for any person, firm
or corporation after termination of the officer 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.
[Ord. No. 2011-11 § 115.040, 8-3-2011; Ord. No. 2018-21, 8-14-2018; Res. No. 2020-C, 8-11-2020; Res. No. 2022-B, 9-6-2022]
A. No member of the Board of Aldermen shall:
1.
Perform any service for the City for any consideration other
than the compensation provided for the performance of one's official
duties;
2.
Sell, rent or lease property to the City for consideration in
excess of five hundred dollars ($500.00) 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.
Attempt, for any compensation other than the compensation provided
for the performance of one's official duties, to influence the decision
of the City on any matter, except that this provision shall not be
construed to prohibit such person from participating from compensation
in any adversary proceeding or in the preparation or filing of any
public document or conference thereon.
B. 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.
Perform any service for the City for any consideration in excess
of five hundred dollars ($500.00) 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.
Sell, rent or lease any property to the City where the consideration
is in excess of five hundred dollars ($500.00) 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, providing that the bid or offer accepted
is the lowest received.
[Ord. No. 2011-11 § 115.050, 8-3-2011; Ord. No. 2016-13 § 1, 6-7-2016; Ord. No. 2018-21, 8-14-2018; Res. No. 2020-C, 8-11-2020; Res. No. 2022-B, 9-6-2022]
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 Secretary of the City and such statement
shall be recorded in the minutes of the meeting.
[Ord. No. 2011-11 § 115.060, 8-3-2011; Ord. No. 2018-21, 8-14-2018; Res. No. 2020-C, 8-11-2020; Res. No. 2022-B, 9-6-2022]
A. 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 of law to be performed.
B. 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. 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.
[Ord. No. 2011-11 § 115.070, 8-3-2011; Ord. No. 2016-13 § 1, 6-7-2016; Ord. No. 2018-21, 8-14-2018; Res. No. 2020-C, 8-11-2020; Res. No. 2022-B, 9-6-2022]
A. Disclosure Statements. Each elected official, the Chief Administrative
Officer of the City and the Chief Purchasing Officer of the City shall
disclose, in writing, the following information by May 1 of each year
if any such transactions occurred 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 an employee of the City
or payment of any tax, fee or penalty due to the City, and any other
transfers for no consideration to the City.
2.
The date and identities of the parties to each transaction known
to any 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 the 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.
B. Financial Interest Statements. By May 1 of each year the following information for the previous year must be disclosed, in writing, by the Chief Administrative Officer and the Chief Purchasing Officer. In addition, any other elected or appointed official of the City may file a financial interest statement in lieu of compliance with the requirements of Section
117.050.
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 owned by such
person;
3.
The name, address and general nature of business conducted by
each general partnership and joint venture in which such person was
a partner or participant;
4.
The name and address of each partner or co-participant for each
partnership or joint venture identified according to the preceding
Subsection unless such names and addresses are filed by the partnership
or joint venture with the Missouri Secretary of State;
5.
The name, address and general nature of the business conducted
by any closely held corporation or limited partnership in which such
person owned ten percent (10%) or more of any class of the outstanding
stock or limited partnership units;
6.
The name of any publicly traded corporation or limited partnership
that is listed on any publicly regulated stock exchange or automated
quotation system in which such person owned two percent (2%) or more
of any class of outstanding stock, limited partnership units or other
equity interests; and
7.
The name and address of each corporation for which such person
served in the capacity of a director, officer or receiver.
C. Financial interest statements shall be filed at the following times,
but no person shall be 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 person may supplement his/her 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 an office for which a financial interest
statement is required by this Section shall file the statement within
thirty (30) days of such appointment or employment.
3.
Financial interest statements shall be filed with the Clerk
of the City and with the Missouri Ethics Commission. All reports shall
be available for public inspection and copying during normal business
hours of the City offices.