[Ord. No. 372, 2-9-2015]
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.
CHIEF ADMINISTRATIVE OFFICER AND CHIEF PURCHASING OFFICER
The City Clerk of the City of Kimmswick.
CITY
The City of Kimmswick, Missouri.
DEPENDENT CHILD or DEPENDENT CHILD IN ONE'S CUSTODY
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.
ELECTED OFFICIAL
Each person elected or appointed to the Board of Aldermen and the Mayor of the City of Kimmswick, 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.
SUBSTANTIAL PERSONAL OR PRIVATE INTEREST IN ANY MEASURE, BILL, ORDER OR ORDINANCE
Any interest in a measure, bill, order or ordinance which results from a substantial interest in a business entity.
[Ord. No. 372, 2-9-2015]
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; or
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; or
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; or
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, 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. 372, 2-9-2015]
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; or
2. 
Sell, rent or lease any property to the City 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; or
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; or
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 his/her 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'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.
[Ord. No. 372, 2-9-2015]
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; or
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. 372, 2-9-2015]
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.
[Ord. No. 372, 2-9-2015]
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 constructed 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. 372, 2-9-2015]
No elected official shall, by virtue of their office, name or appoint to an office or position of employment with the City any relative within the fourth degree, by consanguinity or affinity. Elected officials shall abstain from voting or recuse themselves from any discussion, vote or action regarding any relative within the fourth degree, by consanguinity or affinity.