A.
The
Mayor may, with the consent of a majority of all the members elected
to the Board of Aldermen, remove from office, for cause shown, any
elective officer of the City, such officer being first given opportunity,
together with his/her witnesses, to be heard before the Board of Aldermen
sitting as a Board of Impeachment. Any elective officer, including
the Mayor, may in like manner, for cause shown, be removed from office
by a two-thirds (⅔) vote of all members elected to the Board
of Aldermen, independently of the Mayor's approval or recommendation.
The Mayor may, with the consent of a majority of all the members elected
to the Board of Aldermen, remove from office any appointive officer
of the City at will, and any such appointive officer may be so removed
by a two-thirds (⅔) vote of all the members elected to the
Board of Aldermen, independently of the Mayor's approval or recommendation.
The Board of Aldermen may pass ordinances regulating the manner of
impeachments and removals.
B.
Nothing
in this Section shall be construed to authorize the Mayor, with the
consent of the majority of all the members elected to the Board of
Aldermen, or the Board of Aldermen by a two-thirds (⅔) vote
of all its members, to remove or discharge any chief, as that term
is defined in Section 106.273, RSMo.
[R.O. 2009 §2-106; Ord. No. 2903 §1, 1-4-1988]
A.
To
the extent permitted by law, the City may, in its discretion, purchase
and maintain insurance on behalf of the City and/or any person who
is or was an elected or appointed public official, officer, employee
or agent of the City and/or its boards or commissions or is or was
serving on any other public board or commission at the request of
the City against claims or causes of action for damages, property
damage or personal injuries, including death, caused by such officer,
employee or board or commission member while in the exercise of government
functions.
B.
The
City may, in its discretion and in accord with the provisions set
forth in this Section, indemnify any person who was or is a party
or is threatened to be made a party to any action, suit or proceeding,
whether civil, criminal, administrative or investigative, other than
an action brought by or in the right of the City, by reason of the
fact that such person is or was an elected or appointed public official,
officer, employee or agent of the City and/or its boards or commissions
or was serving at the request of the City on any other public board
or commission.
C.
The
nature and extent of such indemnification may include expenses, attorney
fees, judgments, fines and/or amounts paid in settlement or compromise
and actually and reasonably incurred in connection with such action,
suit or proceeding. Provided however, that the City shall not be obligated
to pay any claim, judgment or expense, including attorney fees, unless
and until the benefits of any insurance, whether provided by the City
or by the person seeking indemnification, have been exhausted, and
provided further, in no event in excess of one hundred thousand dollars
($100,000.00) for any one (1) claimant or any aggregate of one hundred
fifty thousand dollars ($150,000.00) for all claims arising out of
and upon the same act or an aggregate of one hundred fifty thousand
dollars ($150,000.00) during any one (1) calendar year.
D.
The
City may, in its discretion, provide indemnification if, based upon
the information available to the City at the time a determination
of indemnification is made, it is found by the City that:
1.
The public official, officer, agent, employee or board or commission
member acted in good faith; and
2.
In a manner he/she reasonably believed to be in or not opposed to
the best interest of the City; and
3.
Such person has no reasonable cause to believe his/her conduct was
unlawful or unconstitutional.
E.
If
the City has made a determination to provide indemnification to any
public official, officer, agent, employee or board or commission member
and thereafter believes that reason may exist to find that such person
did not act in accord with one (1) or more of the three (3) criteria
set forth above, the City shall notify such person that a hearing
shall be conducted at a time and place fixed by the City to determine
whether such person shall be further indemnified as provided herein.
If, at such hearing and based upon the evidence and information then
available to the City, it shall be determined that such person did
not act in accord with one (1) or more of the criteria listed above,
the City shall terminate further indemnification forthwith and the
City shall not thereafter be liable for any expenses or payments for
which indemnity would otherwise have been available under this Section.
Expenses or obligations incurred by the City prior to any such determination
of ineligibility as provided herein shall not be affected thereby.
The termination of any action, suit or proceeding by judgment,
order, settlement, conviction or upon a plea of nolo contendere or
its equivalent shall not, of itself, create a presumption that the
person did not act in good faith or not in a manner which he/she reasonably
believed to be in or not opposed to the best interest of the City
or had reasonable cause to believe that his/her conduct was unlawful
or unconstitutional.
F.
Expenses
incurred in defending a civil or criminal action, suit or proceeding
may be paid by the City in advance of the final disposition of the
action, suit or proceeding as authorized by the Board of Aldermen
in the specific case.
G.
Any
person seeking indemnification from the City shall, in the event of
any occurrence or upon receipt of notice of any claim, suit, action
or proceeding, promptly notify in writing the City Clerk/Administrator
of the City of the identity of the person seeking indemnification
and all reasonably obtainable information with respect to the time,
place and circumstance that give rise to the claim, including the
name and address of the injured party and of any witnesses.
H.
The
person seeking indemnification shall cooperate with the City in any
investigation, defense, negotiation or compromise of any claim, suit
or action, even if any of the allegations of the suit are groundless,
false or fraudulent. The City may make such investigation and settlement
of any claim or suit as it deems expedient.
I.
Any
investigation, defense, negotiation or compromise covered by this
Section shall be conducted by the City Attorney or his/her designees.
J.
The
indemnification provided herein is intended for the protection and
welfare of the City, its public officials whether elected or appointed,
its employees or agents as herein set forth and no such person can
assign, sell, pledge, hypothecate or in any other manner anticipate
or dispose of any such right to indemnification. No party recovering
any judgment, fines, amounts paid in settlement or compromise of claim
or cause of action or expense, including attorney fees, against a
person eligible for indemnification can sue the City to recover or
enforce any claim for indemnification.
K.
Nothing
herein shall be construed to broaden the liability of the City, its
public officials whether elected or appointed, its employees or agents,
nor to abolish or waive any defense at law which might otherwise be
available to the City, its public officials whether elected or appointed,
its employees or agents.
L.
The
payment of such amounts as may be necessary for the benefit of any
person covered hereby are deemed necessary and proper public purposes
for which funds of this City may be expended.
[R.O. 2009 §2-107; Ord. No. 3408 §1, 6-5-1995; Ord.
No. 3471 §1, 3-18-1996]
The City hereby adopts a drug and alcohol policy for the employees
of the City, to read in words and figures as provided in Exhibit "A"
to Ordinance No. 3471. Said exhibit is not set out herein but is on
file and available for inspection in the office of the City Clerk.
[Ord. No. 4713 §1, 5-16-2016]
A.
Purpose And Declaration Of Policy. The purpose of Section 115.030(A) through (H) is to set forth standards of conduct for elected and appointed officials as well as employees of the City of Brentwood. This Section also provides references to certain State statutes that define and regulate the conduct of officers and employees of municipal government. 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 government 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 and/or recusal of officials and employees faced with financial or personal conflicts of interest in matters affecting the City. This Section also sets out the penalty for violation.
B.
BUSINESS ENTITY
BUSINESS WITH WHICH A PERSON IS ASSOCIATED
a.
b.
c.
DEPENDENT CHILD or DEPENDENT CHILD IN THE PERSON'S CUSTODY
IMMEDIATE FAMILY
SUBSTANTIAL INTEREST
SUBSTANTIAL PERSONAL OR PRIVATE INTEREST IN ANY MEASURE, BILL,
ORDER OR ORDINANCE
Definitions. As used in Section 115.030(A) through (H), unless the context clearly requires otherwise, the following terms mean:
A corporation, association, firm, partnership, proprietorship,
or business entity of any kind or character;
Any sole proprietorship owned by himself or herself, the person's
spouse or any dependent child in the person's custody;
Any partnership or joint venture in which the person or the
person's spouse is a partner, other than as a limited partner of a
limited partnership, and any corporation or limited partnership in
which the person is an officer or director or of which either the
person or the person's spouse or dependent child in the person'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
Any trust in which the person is a trustee or settlor or in
which the person or the person'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;
All children, stepchildren, foster children and wards under
the age of eighteen (18) residing in the person's household and who
receive in excess of fifty percent (50%) of their support from the
person;
Includes husband, wife, son, daughter, father, mother, brother,
sister, brother-in-law, sister-in-law, father-in-law, mother-in-law,
uncle, aunt, nephew, niece, stepparent and stepchild.
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.
C.
Compliance With State Law. All elected and appointed
officials as well as employees of the City of Brentwood shall comply
with Sections 105.452 and 105.454, RSMo., on conflicts of interest
as well as any other State law governing official conduct.
D.
Circumstances Requiring Disclosure.
[Ord. No. 4732 § 1, 9-6-2016]
1.
Each elected official of the City of Brentwood, each member
of the Brentwood Architectural Review Board, Board of Adjustment (including
alternate members) and Planning and Zoning Commission, the City Administrator,
Assistant City Administrator, Finance Director, and City Attorney
shall disclose the following information annually by May 1, if any
such transactions were engaged in during the calendar year ending
with the immediately preceding December 31:
a.
Any transaction with the City in excess of five hundred dollars
($500.00) which involved the official or employee and any and all
persons within the first degree of consanguinity or affinity of that
person. Transactions exempted from disclosure include compensation
received as an employee or elected official, payment of any tax, fee
or penalty, or any transfers for no consideration to the City.
b.
Any transaction with the City in excess of five hundred dollars
($500.00) which involved any business entity in which such person
had a substantial personal or private interest. Transactions exempted
from disclosure include compensation received as an employee or elected
official, payment of any tax, fee or penalty, or any transfers for
no consideration to the City.
2.
The City Administrator, Assistant City Administrator, and Finance
Director also shall disclose by May 1 for the calendar year ending
with the immediately preceding December 31 the following information:
a.
The names and addresses 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;
b.
The names and addresses of each sole proprietorship owned; the
name, address and the general nature of the business conducted of
each general partnership and joint venture in which he/she was 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 joint venture or 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 the outstanding
stock or limited partnership units; 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;
c.
The name and address of each corporation for which such person
served in the capacity of a director, officer, or receiver.
3.
Each elected official of the City of Brentwood and each member
of the Brentwood Architectural Review Board, Board of Adjustment (including
alternate members) and Planning and Zoning Commission shall disclose
by May 1 for the calendar year ending with the immediately preceding
December 31 the following information, and shall file supplementary
or revised disclosures within thirty (30) days of a change to relevant
information:
a.
The address of any real estate located in the City of Brentwood
in which the elected official or a member of the elected official's
immediate family has an ownership or leasehold interest;
b.
The name and address of any business with which the official
is associated or in which the official has a substantial interest
that:
4.
Each candidate (as defined in § 130.011, RSMo.) for
election to a Brentwood municipal office and each committee (as defined
in § 130.011, RSMo.) that accepts any contribution or makes
any expenditure for the primary or incidental purpose of influencing
or attempting to influence the action of voters with regard to any
Brentwood municipal candidate or issue election shall file a copy
of each report filed with the Missouri Ethics Commission and/or with
the St. Louis County Board of Election Commissioners with the City
Clerk within twenty-four (24) hours of filing with the Commission
or Board.
E.
Disclosure Reports.
[Ord. No. 4732 § 1, 9-6-2016]
1.
The disclosure reports, on a form acceptable to the Missouri Ethics Commission and supplemented as necessary to accommodate any information required by the City but not the Commission, shall be made available by the office of the City Clerk for distribution electronically, by telephone, fax, and by regular mail. The City Clerk will send a notice in the month of January every year reminding the elected and appointed officials, as well as the City employees, of their obligations under Section 115.030(A) through (H). Completed disclosure reports shall be filed with the City Clerk and with the Missouri Ethics Commission in accordance with the Commission's requirements. The reports shall be available for public inspection and copying during normal business hours. The disclosure reports shall be filed at the following times:
a.
Elected and appointed officials covered by this Section shall
file their initial report as required within thirty (30) days of their
election or appointment.
b.
Every person covered by Section 115.030(A) through (H) and required to file any report or disclosure shall do so annually not later than May 1 covering the calendar year ending with the immediately preceding December 31 and periodically as to any additional reports or disclosures required by Section 115.030(C) and (D), above.
c.
Every person covered by Section 115.030(A) through (H) at the time of adoption of the ordinance enacting this Subsection[2] and required to file any report or disclosure shall file
such report or disclosure as may be required of them within sixty
(60) days of the adoption of the ordinance enacting this Subsection.
[2]
Editor's Note: "The ordinance enacting this Subsection" refers
to Ord. No. 4732, adopted 9-6-2016.
d.
Any person appointed or elected to an office covered by Section 115.030(A) through (H) after the date of adoption of the ordinance enacting this Subsection[3] shall file such report or disclosure as may be required
of them within sixty (60) days of appointment or election to such
office.
[3]
Editor's Note: "The ordinance enacting this Subsection" refers
to Ord. No. 4732, adopted 9-6-2016.
2.
If the official or employee covered by this Section has no conflicts of interest as described herein, a disclosure report is not required, except that an elected official shall be required to file a report attesting that none of the circumstances requiring disclosure under this Section exist as to such person. In no event shall any person covered by this Section be required to file more than one (1) report per calendar year except as may be required by Section 115.030(D)(3) and (4), above; however, elected or appointed officials may file supplemental disclosure reports describing additional interests acquired after December 31 of the covered year until the date of the filing of the disclosure report.
F.
Conflicts Of Interest Requiring Recusal.
[Ord. No. 4732 § 1, 9-6-2016]
1.
The Mayor or any member of the Board of Aldermen who has a substantial
personal or private interest in any measure, bill, order, ordinance
or matter of any kind proposed or pending before the Board of Aldermen
shall disclose that interest to the City Clerk so that such disclosure
can be recorded in the records of the Board of Aldermen and shall
further recuse him- or herself from deliberation and voting or acting
on any matters relating to this self-interest.
2.
Each member of the Brentwood Architectural Review Board, Board
of Adjustment (including alternate members) and Planning and Zoning
Commission who has a substantial personal or private interest in any
measure, bill, order, ordinance or matter proposed or pending before
the board, commission or governmental body on which such person serves
shall disclose that interest to the City Clerk so that such disclosure
can be recorded in the records of the body and shall further recuse
him- or herself from deliberation and voting or acting on any matters
relating to this self-interest.
G.
Contracts And Agreements.
1.
No elected official or other official of the City having any
power of review or approval of any of the undertakings contemplated
by an agreement or contract under consideration by the City of Brentwood
shall knowingly participate in any decision(s) relating to terms or
approval of such agreement or contract which affect his/her personal
interests or those of his/her immediate family or those of any corporation
or partnership in which he/she or a member of his/her immediate family
is directly or indirectly interested.
2.
The City shall not knowingly, after due inquiry, employ or contract
with any person if a member of his/her immediate family is a member
of the Board of Aldermen or is employed by the City in an executive
or administrative capacity as to the subject of the agreement or contract
(i.e., those who have selection, hiring or supervisory or operational
responsibility for the work to be performed pursuant to the agreement
or contract); provided, however, that the foregoing shall not apply
to temporary or seasonal employment.
3.
The City shall not knowingly, after due inquiry, employ or contract
with any business entity if it is a business with which any of the
following is associated (as "business with which a person is associated"
is defined above): an elected official of the City or a person employed
by the City in an executive or administrative capacity (as defined
in the foregoing subsection).
H.
Penalty. Any person violating any part of Section 115.030(A) through (H) shall be prosecuted under the general penalty ordinance of the City of Brentwood as set forth at Section 100.080 of the Brentwood Municipal Code. In addition, any person subject to the requirements of Section 115.030(A) through (H) shall be subject to removal from office if such person shall fail or refuse to comply with the requirements thereof or shall file any false, incomplete, misleading or fraudulent statement or information in any report or disclosure filed pursuant to Section 115.030(A) through (H).
[Ord. No. 4732 § 1, 9-6-2016]
[Ord. No. 4910, 1-6-2020]
A.
For
purposes of this Section, the term "expenses" shall refer only to
expenses actually and necessarily incurred in the performance of the
official business of the City. For purposes of this Section and the
policy adopted hereby, the term "personnel" shall include all persons
employed by the City and all elected and appointed officials.
B.
Any
personnel of the City incurring any expense as defined in this Section
and seeking reimbursement of same may submit to the City Administrator
a voucher certified as being true and correct. The voucher shall be
submitted in a form as required by the City Administrator not more
than ten (10) days after the expense is incurred. The City Administrator
shall review all expense vouchers, shall make such investigation as
may be appropriate and shall authorize reimbursement only for those
expenses properly incurred and supported by appropriate documentation.
C.
The
City Administrator may authorize advance payment of projected expenses
as authorized by the Board of Aldermen when the projected expenses
to be incurred would pose a financial burden on City personnel. If
such an advance is authorized, within ten (10) days after such expenses
are actually incurred any personnel receiving an advance shall submit
to the City Administrator a voucher and documentation for the expenses
actually and necessarily incurred and any the balance of the advance
remaining after expenditure.
