[CC 1990 § 2-321; Ord. No. 604 § 1, 8-19-1991]
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,
it is the policy of the City that the conflict of interest provision
shall apply to all officers and employees of the City of Chesterfield
and to any person or business entity filing any papers with, appearing
before, doing business with or having any dealings or transactions
of any kind with any City Officer, employee or agency of the City
of Chesterfield.
[CC 1990 § 2-322; Ord. No. 604 § 2, 8-19-1991]
A. As used in this Division, unless the context clearly requires otherwise,
the following terms shall have the meanings indicated:
ADVERSARY PROCEEDING
Any proceeding 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 other person authorized to keep
such record by law or by 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 of a political subdivision;
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.
BUSINESS ENTITY
A corporation, association, firm, partnership, sole proprietorship,
joint venture or business entity of any kind or character.
BUSINESS WITH WHICH A PERSON IS ASSOCIATED
a.
Any sole proprietorship owned by himself/herself, the person's
spouse or any dependent child in the person's custody;
b.
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
c.
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.
COMMISSION
The Missouri Ethics Commission established in Section 105.955,
RSMo.
CONFIDENTIAL INFORMATION
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.
DECISION-MAKING PUBLIC SERVANT
An official, appointee or employee of the offices or entities
delineated in Subsections a through h 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:
a.
The Governing Body of the political subdivision with a general
operating budget in excess of one million dollars ($1,000,000.00).
c.
A judge vested with judicial power by Article V of the Constitution
of the State of Missouri.
d.
Any commission empowered by interstate compact.
e.
A Statewide elected official.
f.
The Speaker of the House of Representatives.
g.
The President Pro Tem of the Senate.
h.
The President or Chancellor of a State institution of higher
education.
DIRECTLY BENEFIT
To derive special private advantage as opposed to a general
advantage derived as a member of a large class or of the public at
large.
EMPLOYEE
A person performing service for or holding a position or
employment with the City of Chesterfield on a full, regular, part-time,
intermittent or consultant basis.
IMMEDIATE FAMILY
The officer or employee and his/her spouse and their parents,
children, brothers, sisters and spouses thereof.
OFFICER
A person holding any office, position as department or division
head, membership on any board or commission, whether by election or
appointment, whether service with or without compensation, for the
City of Chesterfield.
POLITICAL SUBDIVISION
Includes any political subdivision of the State, and any
special district or subdistrict.
PUBLIC DOCUMENT
A State tax return or a document or other record maintained
for public inspection without limitation on the right of access to
it and a document filed in a juvenile court proceeding.
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.
[CC 1990 § 2-323; Ord. No. 604 § 3, 8-19-1991]
It shall be unlawful for any officer or employee to violate
Section 105.454, RSMo., on conflicts of interest or to engage in any
private business or professional activity which would place him/her
in a position of conflict between his/her private interest and the
public interest of the City of Chesterfield, Missouri, or to engage
in any private activity which involves the improper use of information
gained through his/her public position or to use the prerogative of
his/her official position for his/her personal benefit or on behalf
of any member of his/her immediate family or to accept any fee, compensation,
gift, payment of expenses or any other thing of monetary value, either
directly or indirectly, under circumstances in which acceptance may
result in any conflict of interest. If any officer or employee of
the City of Chesterfield shall violate any provisions of this Section,
the City of Chesterfield shall be entitled to recover from said officer
or employee in a court of proper jurisdiction an amount equal to any
considerations received by said officer or employee in the transaction
involving the violation of this Section and this remedy shall be in
addition to any other remedy or penalty provided by law.
[CC 1990 § 2-324; Ord. No. 604 § 4, 8-19-1991]
A. Every person or business entity filing any application, petition
or other formal request for action by any officer or employee of the
City of Chesterfield shall fully and truthfully disclose the name
of every person or business entity for whom he/she is acting when
requested to do so by said officer or employee and shall comply with
any City of Chesterfield ordinance dealing with the procedure to disclose
potential conflicts of interests and substantial interest.
B. Every City Officer or employee shall fully and truthfully disclose
his/her interest in any matter in which he/she shall have discretion
to act and the exercise of such discretion without disclosure of a
prohibited conflict of interest shall be deemed a representation that
no conflict of interest exists.
[CC 1990 § 2-325; Ord. No. 604 § 5, 8-19-1991]
A. The following shall be deemed to be prohibited conflicts of interest
and it shall be unlawful for any officer or employee to act in any
such circumstances:
1.
When a City Officer or employee shall have discretion to act
in any matter wherein he/she or a member of his/her immediate family
or any business entity in which he/she or a member of his/her immediate
family may own a substantial interest may directly benefit from such
action.
2.
When any City Officer or employee shall have discretion to act
in any matter which may directly benefit any person or business entity
with whom said officer or employee or member of his/her immediate
family shall have enjoyed profitable business or professional dealing
within the period of one (1) year prior to such action.
3.
When any City Officer or employee shall have discretion to act
in any matter which may directly benefit any person or business entity
with whom such officer or employee or member of his/her immediate
family is associated in a business or professional way or may directly
benefit any person or business entity which is represented in said
matter by any person or business entity with which said officer or
employee or member of his/her immediate family is associated in a
business or professional way.
4.
When any City Officer or employee shall have discretion to act
in any matter and has accepted or agreed to accept anything of monetary
value, either directly or indirectly, from any person or business
entity who may directly benefit from the matter, with the intent to
influence his/her vote, opinion, judgment or decision on such matter
or to induce him/her to neglect his/her duty or to perform such duty
with partiality or favor or otherwise that is required by law.
[CC 1990 § 2-326; Ord. No. 604 § 6, 8-19-1991]
A. In the event that any officer, employee or member of a board or commission
shall have a prohibited conflict of interest in any matter in which
he/she shall have discretion to act, he/she shall be disqualified
to act in said matter and he/she shall immediately inform his/her
superior who shall thereupon relieve him/her of his/her assignment
in that particular matter and shall exercise the discretion to act
therein. For purposes of this paragraph, the superior to any employee
shall be the City Administrator.
B. The superior to the City Administrator shall be the City Council
and in cases involving City Council members, the superior shall be
the Mayor. In the case of the Mayor, the President Pro Tem of the
Council shall be deemed his/her superior. In the case of a member
of any board or commission, the superior shall be the Mayor or President
Pro Tem in his/her absence. If sufficient members of a board or commission
remain who are not disqualified, the board or commission may continue
to act in the matter. If there are no sufficient members to act who
are not disqualified, then any such matter pending before any board
or commission of the City of Chesterfield shall be transferred to
the City Council for action.
[CC 1990 § 2-327; Ord. No. 604 § 7, 8-19-1991]
It shall be unlawful for any person or business entity to pay
or engage to pay or to offer or attempt to pay any officer or employee,
any member of his/her immediate family or any business entity in which
said officer or employee or member of his/her immediate family shall
own a substantial interest, any commission, gratuity or consideration,
directly or indirectly, with respect to any matter in which said officer
or employee has discretion to act.
[CC 1990 § 2-328; Ord. No. 604 § 8, 8-19-1991]
It shall be unlawful for any person, having been an officer
or employee of the City of Chesterfield, Missouri, within one (1)
year after the termination of his/her service or employment, knowingly
to act as agent or attorney for anyone other than the City of Chesterfield
in connection with any judicial or other proceeding, application,
claim, controversy or other particular matter in which the City of
Chesterfield is a party or has a direct and substantial interest and
in which he/she participated personally and substantially as an officer
or employee while so employed.
[CC 1990 § 2-329; Ord. No. 604 § 9, 8-19-1991]
The Council may waive compliance with this policy with respect
to any contract, purchase, lease or other transaction if by prior
resolution reciting the pertinent facts it finds such action to be
in the interest of the City.
[CC 1990 § 2-330; Ord. No. 604 § 10, 8-19-1991]
Violation of this Division shall be an ordinance violation,
punishable by fine of not less than five dollars ($5.00) and not more
than five hundred dollars ($500.00) or by imprisonment for a period
not to exceed three (3) months, or by both such fine and imprisonment.
[CC 1990 § 2-333; Ord. No. 605 § 1, 8-19-1991; Ord. No. 1869 § 1, 9-4-2002; Ord. No. 1953 § 1, 9-3-2003; Ord. No. 2122 § 1, 9-8-2004; Ord. No. 2193 § 1, 8-15-2005; Ord. No. 2294 §§ 1
— 2, 9-6-2006; Ord.
No. 2381 § 1, 8-6-2007; Ord. No. 2470 §§ 1 —
2, 8-4-2008; Ord. No.
2562 §§ 1 — 2, 8-17-2009; Ord. No. 2617 §§ 1
— 2, 8-16-2010; Ord. No. 2666 §§ 1 — 2, 9-19-2011; Ord. No. 2713, 8-6-2012; Ord. No. 2752, 8-5-2013; Ord. No. 2806, 9-3-2014; Ord. No. 2858, 8-3-2015; Ord. No. 2906, 8-15-2016; Ord. No. 2968, 8-7-2017; Ord. No. 3016, 8-20-2018; Ord. No. 3061, 8-19-2019; Ord. No. 3113, 8-3-2020; Ord. No. 3153, 8-30-2021; Ord. No. 3201, 9-6-2022; Ord. No. 3254, 8-21-2023]
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
officials and employees of private financial or other interests in
matters affecting the City.
[CC 1990 § 2-334; Ord. No. 605 § 2, 8-19-1991; Ord. No. 1869 § 1, 9-4-2002; Ord. No. 1953 § 1, 9-3-2003; Ord. No. 2122 § 1, 9-8-2004; Ord. No. 2193 § 1, 8-15-2005; Ord. No. 2294 §§ 1
— 2, 9-6-2006; Ord.
No. 2381 § 1, 8-6-2007; Ord. No. 2470 §§ 1 —
2, 8-4-2008; Ord. No.
2562 §§ 1 — 2, 8-17-2009; Ord. No. 2617 §§ 1
— 2, 8-16-2010; Ord. No. 2666 §§ 1 — 2, 9-19-2011; Ord. No. 2713, 8-6-2012; Ord. No. 2752, 8-5-2013; Ord. No. 2806, 9-3-2014; Ord. No. 2858, 8-3-2015; Ord. No. 2906, 8-15-2016; Ord. No. 2968, 8-7-2017; Ord. No. 3016, 8-20-2018; Ord. No. 3061, 8-19-2019; Ord. No. 3113, 8-3-2020; Ord. No. 3153, 8-30-2021; Ord. No. 3201, 9-6-2022; Ord. No. 3254, 8-21-2023]
All elected and appointed officials as well as employees of the City of Chesterfield must comply with Section 105.454, RSMo., and Article
II, Division 1, hereof regarding conflicts of interest as well as any other State law governing official conduct. The Mayor and any members of the City Council who has a substantial personal or private interest as defined by State law and set out below in any bill shall disclose on the records of the City Council the nature of his/her interest and shall disqualify himself/herself from voting on any matters related to this interest.
[CC 1990 § 2-335; Ord. No. 605 § 3, 8-19-1991; Ord. No. 1869 § 1, 9-4-2002; Ord. No. 1953 § 1, 9-3-2003; Ord. No. 2122 § 1, 9-8-2004; Ord. No. 2193 § 1, 8-15-2005; Ord. No. 2294 §§ 1
— 2, 9-6-2006; Ord.
No. 2381 § 1, 8-6-2007; Ord. No. 2470 §§ 1 —
2, 8-4-2008; Ord. No.
2562 §§ 1 — 2, 8-17-2009; Ord. No. 2617 §§ 1
— 2, 8-16-2010; Ord. No. 2666 §§ 1 — 2, 9-19-2011; Ord. No. 2713, 8-6-2012; Ord. No. 2752, 8-5-2013; Ord. No. 2806, 9-3-2014; Ord. No. 2858, 8-3-2015; Ord. No. 2906, 8-15-2016; Ord. No. 2968, 8-7-2017; Ord. No. 3016, 8-20-2018; Ord. No. 3061, 8-19-2019; Ord. No. 3113, 8-3-2020; Ord. No. 3153, 8-30-2021; Ord. No. 3201, 9-6-2022; Ord. No. 3254, 8-21-2023]
A. Any member of the City Council as well as any appointed officials
and employees shall have a substantial or private interest in any
measure, bill or other ordinance proposed or pending before the City
if that interest is an ownership by the individual, his/her spouse
or his/her dependent children, whether singularly or collectively,
directly or indirectly of:
1.
Ten percent (10%) or more of any business entity;
2.
An interest having a value of ten thousand dollars ($10,000.00)
or more; or
3.
The receipt 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.
[CC 1990 § 2-336; Ord. No. 605 § 4, 8-19-1991; Ord. No. 1869 § 1, 9-4-2002; Ord. No. 1953 § 1, 9-3-2003; Ord. No. 2122 § 1, 9-8-2004; Ord. No. 2193 § 1, 8-15-2005; Ord. No. 2294 §§ 1
— 2, 9-6-2006; Ord.
No. 2381 § 1, 8-6-2007; Ord. No. 2470 §§ 1 —
2, 8-4-2008; Ord. No.
2562 §§ 1 — 2, 8-17-2009; Ord. No. 2617 §§ 1
— 2, 8-16-2010; Ord. No. 2666 §§ 1 — 2, 9-19-2011; Ord. No. 2713, 8-6-2012; Ord. No. 2752, 8-5-2013; Ord. No. 2806, 9-3-2014; Ord. No. 2858, 8-3-2015; Ord. No. 2906, 8-15-2016; Ord. No. 2968, 8-7-2017; Ord. No. 3016, 8-20-2018; Ord. No. 3061, 8-19-2019; Ord. No. 3113, 8-3-2020; Ord. No. 3153, 8-30-2021; Ord. No. 3201, 9-6-2022; Ord. No. 3254, 8-21-2023]
A. Each elected official, the City Administrator (as the Chief Administrative
Officer) and the Director of Finance (as the Chief Purchasing Officer)
and the general counsel (City Attorney) (if employed full-time) shall
disclose in writing the following information by May 1 if any such
transactions were engaged in 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 each 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;
2.
The date and the 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 of any tax, fee or penalty due to the political subdivision
or transactions involving payment for providing utility service to
the political subdivision, other than transfers for no consideration
to the political subdivision;
3.
The City Administrator, as the Chief Administrative Officer,
and the Director of Finance, as the Chief Purchasing Officer, also
shall disclose in writing by May 1 for the previous calendar year
the following information:
a.
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;
b.
The name and address of each sole proprietorship that he/she
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
co-participant for each partnership or joint venture unless such names
and addresses are filed by the partnership or joint venture 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; and 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.
[CC 1990 § 2-337; Ord. No. 605 § 5, 8-19-1991; Ord. No. 1869 § 1, 9-4-2002; Ord. No. 1953 § 1, 9-3-2003; Ord. No. 2122 § 1, 9-8-2004; Ord. No. 2193 § 1, 8-15-2005; Ord. No. 2294 §§ 1
— 2, 9-6-2006; Ord.
No. 2381 § 1, 8-6-2007; Ord. No. 2470 §§ 1 —
2, 8-4-2008; Ord. No.
2562 §§ 1 — 2, 8-17-2009; Ord. No. 2617 §§ 1
— 2, 8-16-2010; Ord. No. 2666 §§ 1 — 2, 9-19-2011; Ord. No. 2713, 8-6-2012; Ord. No. 2752, 8-5-2013; Ord. No. 2806, 9-3-2014; Ord. No. 2858, 8-3-2015; Ord. No. 2906, 8-15-2016; Ord. No. 2968, 8-7-2017; Ord. No. 3016, 8-20-2018; Ord. No. 3061, 8-19-2019; Ord. No. 3113, 8-3-2020; Ord. No. 3153, 8-30-2021; Ord. No. 3201, 9-6-2022; Ord. No. 3254, 8-21-2023]
The reports, in the attached format (see Exhibit A and B), shall
be filed with the City Clerk and with the Secretary of State prior
to January 1, 1993, and thereafter with the Ethics Commission. The
reports shall be available for public inspection and copying during
normal business hours.
[CC 1990 § 2-338; Ord. No. 605 § 6, 8-19-1991; Ord. No. 1869 § 1, 9-4-2002; Ord. No. 1953 § 1, 9-3-2003; Ord. No. 2122 § 1, 9-8-2004; Ord. No. 2193 § 1, 8-15-2005; Ord. No. 2294 §§ 1
— 2, 9-6-2006; Ord.
No. 2381 § 1, 8-6-2007; Ord. No. 2470 §§ 1 —
2, 8-4-2008; Ord. No.
2562 §§ 1 — 2, 8-17-2009; Ord. No. 2617 §§ 1
— 2, 8-16-2010; Ord. No. 2666 §§ 1 — 2, 9-19-2011; Ord. No. 2713, 8-6-2012; Ord. No. 2752, 8-5-2013; Ord. No. 2806, 9-3-2014; Ord. No. 2858, 8-3-2015; Ord. No. 2906, 8-15-2016; Ord. No. 2968, 8-7-2017; Ord. No. 3016, 8-20-2018; Ord. No. 3061, 8-19-2019; Ord. No. 3113, 8-3-2020; Ord. No. 3153, 8-30-2021; Ord. No. 3201, 9-6-2022; Ord. No. 3254, 8-21-2023]
A. 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:
1.
Each person appointed to office shall file the statement within
thirty (30) days of such appointment or employment;
2.
Every other 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 member of the City Council may supplement the
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.