[Ord. No. 414, 8-29-2022; Ord.
No. 425, 8-8-2023]
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 political
subdivision.
[Ord. No. 414, 8-29-2022; Ord.
No. 425, 8-8-2023]
A.
All
elected and appointed officials as well as employees of a political
subdivision must comply with conflict of interest statutes under Chapter
105, RSMo., as well as any other State law governing official conduct.
B.
Any
member of the governing body of a political subdivision who has a
substantial personal 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 personal 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:
1.
Ten percent (10%) or more of any business entity; or
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.
C.
Please
take note: the minimum requirements outlined in the Statute for an
ordinance do not include penalties. Any penalties that the subdivision
is authorized to enforce should be established by the ordinance. Upon
adopting the ordinance, the political subdivision becomes responsible
for enforcing the ordinance and any penalties. All candidates must
file a financial interest statement for political subdivisions if
they have any transactions over five hundred dollars ($500.00) with
the political subdivision, even if candidates are not listed specifically
in the ordinance. If candidates do not have any transactions, consult
ordinance for filing requirements. Review the ordinance prior to adoption
to ensure it includes all of the aspects desired by the political
subdivision.
[Ord. No. 414, 8-29-2022; Ord.
No. 425, 8-8-2023]
A.
Each
elected official, candidate for elective office, the Chief Administrative
Officer, the Chief Purchasing Officer, and the full-time general counsel
shall disclose 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:
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 Administrative Officer, Chief Purchasing Officer, and candidates
for either of these positions also shall disclose by May 1, or the
appropriate deadline as referenced in Section 105.487, RSMo., the
following information for the previous calendar year:
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
coparticipant 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 or 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.
[Ord. No. 414, 8-29-2022; Ord.
No. 425, 8-8-2023]
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.
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.
2.
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.
3.
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.
[Ord. No. 414, 8-29-2022; Ord.
No. 425, 8-8-2023]
A certified copy of the ordinance, adopted prior to September
15th, shall be sent within ten (10) days of its adoption to the Missouri
Ethics Commission.
