City of Bolivar, MO Chapter 117 Conflicts of Interest and Nepotism

Section 117.010 Disclosure Of Potential Conflicts Of Interest And Substantial Interests, Procedure.

[R.O. 2009 § 100.240; R.O. 2007 § 100.240; Ord. No. 2346, 11-14-2002; Ord. No. 2568, 9-8-2005; Ord. No. 2644, 8-10-2006; Ord. No. 2820 § 1, 9-11-2008; Ord. No. 2941 § I, 7-8-2010; Ord. No. 3053 § I, 7-17-2012; Ord. No. 3140 § I, 6-24-2014; Ord. No. 3299 §§ I— II, 8-23-2016; Ord. No. 3458, 5-22-2018; Ord. No. 3603, 5-26-2020; Ord. No. 3740, 5-17-2022; Ord. No. 3959, 5-28-2024]

A. Declaration Of Policy. The proper operation of government requires that public officials and employees be independent, impartial and responsible to the people; 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.

B. Conflicts Of Interest.

1. All elected and appointed officials as well as employees of a political subdivision must comply with Section 105.454, RSMo., conduct.

2. Any member of the Governing Body of a political subdivision who has a substantial or private interest in any measure, bill, order or ordinance proposed or pending before such Clerk of such body and such disclosure shall be recorded in the appropriate journal of the Governing Body. "Substantial or private interest" is defined as ownership by the individual, his/her spouse or his/her dependent children, whether singularly or collectively, directly or indirectly of:

a. Ten percent (10%) or more of any business entity; or

b. An interest having a value of ten thousand dollars ($10,000.00) or more; or

c. 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.

C. Disclosure Reports. Each elected official, the Chief Executive Officer (if any), the Chief Purchasing Officer (if any) and the full-time general counsel (if any) shall disclose, in writing, the following information by May 1 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 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, and other than transfers for no consideration to the political subdivision.

3. The Chief Executive Officer and 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.

D. Filing Of Reports.

1. The financial interest statement 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. Every person required to file a financial interest statement shall file the statement annually not later than May 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 interests acquired after December 31 of the covered year until the date of filing of the financial interest statement.

b. Each person appointed to office shall file the statement within thirty (30) days of such appointment or employment.

c. Every candidate required to file a personal financial disclosure statement shall file no later than fourteen (14) days after the close of filing at which the candidate seeks nomination or election or nomination by caucus. The time period of this statement shall cover the twelve (12) months prior to the closing date of filing for candidacy.

2. Reports shall be filed with the City Clerk of the City of Bolivar, Missouri, and the Missouri Ethics Commission. The reports shall be available for public inspection and copying during normal business hours.

E. Filing Of Resolution. A certified copy of this Section shall be sent to the Missouri Ethics Commission within ten (10) days of its adoption.

Section 117.020 Nepotism Policy For Board Of Aldermen.

[R.O. 2009 § 100.250; Ord. No. 3062 § I, 10-9-2012]

A. The Mayor and the Board of Aldermen of the City of Bolivar declare that a nepotism policy should be enacted for the members of the Board of Aldermen. This Section is intended to complement the provisions of Section 117.010 of the City Code; however, to the extent that any provisions of this Section conflict with the provisions of Section 117.010 of the City Code, the provisions of this Section will control.

B. Wherever and whenever this Section mentions or references the term "family member" or "relative," the same refers to: spouse, child, grandchild, or foster children.

C. Promotion Of Existing Employees. No member of the Board of Aldermen may participate in the promotion process, or any other personnel matter, of any City employee who is a relative or family member of such member of the Board of Aldermen.

D. Appointments. No relative or family member of a member of the Board of Aldermen shall be appointed to the position of any board or commission which has more than an advisory role or one in which the members receive compensation.

E. Contracts And Hiring Of Professionals. No member of the Board of Aldermen shall take part in the vote to approve or approval of any contract, the hiring of any non-employee professional/ independent contractor, or any other matter under circumstances where a family member or relative of such member of the Board of Aldermen will benefit from the approval of the contract, hiring, or other matter.