Chapter 117 Conflicts of Interest

Section 117.010 Declaration Of Policy.

[Ord. No. 04-05, 9-9-2004; Res. No. 10-13, 7-8-2010; Res. No. 12-06, 7-12-2012; Res. No. 14-04, 7-10-2014; Res. No. 16-06, 7-14-2016; Res. No. 18-08, 7-12-2018; Res. No. 20-10, 9-15-2020; Res. No. 23-11, 9-19-2023; Res. No. 24-13, 8-20-2024]

The proper operation of 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.

Section 117.020 Conflicts Of Interest.

All elected and appointed officials as well as employees of the City of Bismarck must comply with Section 105.454 of the Missouri Revised Statutes on conflicts of interest as well as any other State law governing official conduct.

Any member of the governing body of the City of Bismarck who has a "substantial or private interest" in any measure, bill, order or ordinance proposed or pending before such governing body must disclose that interest to the secretary or 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: ten percent (10%) or more of any business entity; or an interest having a value of ten thousand dollars ($10,000.00) or more; or 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.

Section 117.030 Disclosure Reports.

Each elected official, candidate for elective office, the chief administrative officer, the chief purchasing officer, and the full-time general counsel shall disclose, in writing, the following information by May 1, or the appropriate deadline as referenced in Section 105.487, RSMo., if any such transactions occurred during the previous calendar year:

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.

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.

The chief administrative officer, chief purchasing officer, and candidates for either of these positions also shall disclose, in writing, by May 1, or the appropriate deadline as referenced in Section 105.487, RSMo., the following information for the previous calendar year:

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;

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;

The name and address of each corporation for which such person served in the capacity of a director, officer or receiver.

Section 117.040 Filing Of Reports.

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:

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 member of the Board 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.

Each person appointed to office shall file the statement within thirty (30) days of such appointment or employment covering the calendar year ending the previous December 31.

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 for filing of candidacy.

Financial disclosure reports giving the financial information required in Section 117.030 shall be filed the City of Bismarck and with the Missouri Ethics Commission. The reports shall be available for public inspection and copying during normal business hours.