City of Owensville, MO
Gasconade County
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Table of Contents
Table of Contents

Section 130.010 Positive Leadership.

[Ord. No. 1165 §2, 1-6-2014[1]]
Citizens have the right to expect that every elected official will conduct himself or herself in a manner that will tend to preserve public confidence in and respect for the government represented. Each member will look out for the best interest for the City as a whole. The elected official recognizes that it is absolutely essential to remain positive in working together as a team, and to:
1. 
Strive to see the good in others.
2. 
Look for, recognize, and promote the positive contributions of each member of the Board of Aldermen.
3. 
Refrain from speaking negatively about the character of other members of the Board of Aldermen.
4. 
Seek ways to turn obstacles into opportunities.
5. 
Maintain a sense of optimism and humor in working together.
6. 
Strive toward increasingly high levels in professional in dealing with one another.
[1]
Editor's Note: Section 2 of this ordinance also superseded former Ch. 130, Conflicts of Interest, as adopted and amended by R.O. 2010 §§130.010—130.050; 2nd Ser. Ord. No. 363 §§1—5, 8-5-1991; 2nd Ser. Ord. No. 411 §§1—5, 9-8-1993; Ord. No. 450 §§1—5, 9-15-1994; Ord. No. 485 §§ 1—5, 8-21-1995; Ord. No. 576 §§1—5, 9-2-1997; Ord. No. 646 §§1—5, 8-16-1999; Ord. No. 709 §§1—5, 8-20-2001; Ord. No. 768 §§1—5, 8-18-2003; Ord. No. 992 §§1—5, 8-4-2008; Ord. No. 1064 §§1—5, 8-2-2010; Ord. No. 1125 §§1—5, 8-20-2012; and Section 3 of this ordinance amended the title of this Chapter.

Section 130.020 Board Cooperation.

[Ord. No. 1165 §2, 1-6-2014]
Elected officials must work together to find the best ways to meet the needs of our residents. Trust and appreciation for one another, as well as a commitment to work together toward the resolution of problems, is essential. Each individual must have the freedom and opportunity to express his/her beliefs and has the responsibility to do so early in any discussion. Regular Board of Aldermen meetings and special work sessions should be designed to allow free and open discussion.

Section 130.030 Responsibility of Elected Officials.

[Ord. No. 1165 §2, 1-6-2014]
Each person is accountable to the Board of Aldermen for his/her actions. Each member will keep an open and receptive mind toward the views and opinions of others. Should concerns about another member arise, the person with the concern should share privately his/her views with the other individual on a one-to-one basis before making it a public issue.

Section 130.040 Planning, Goal Setting and Accountability.

[Ord. No. 1165 §2, 1-6-2014]
Elected officials must be committed to a comprehensive planning process leading to mutually developed goals and accountability.

Section 130.050 Conflicts of Interest; Declaration of Policy.

[Ord. No. 1165 §2, 1-6-2014; Ord. No. 1187 §1, 8-4-2014; Ord. No. 1226 §1, 8-1-2016]
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 the 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 interest in matters affecting the City.

Section 130.060 Conflicts of Interest; Generally.

[Ord. No. 1165 §2, 1-6-2014]
A. 
No elected official shall have a financial interest, direct or indirect, in any contract with the City, or be financially interested, directly or indirectly, in the sale or lease to the City of any land, materials, supplies, equipment, or services, except on behalf of the City as an officer or employee. Any violation of this provision renders the contract, sale or lease void, and any councilmember violating this Subsection thereby forfeits his office or employment, and shall be subject to such additional penalties as may be provided by ordinance and Missouri State law.
B. 
No elected official shall hold any other incompatible public office or hold a position in the City government during his or her term as Alderman or Mayor. Nothing herein prevents elected officials from holding positions as a member of the United States military or a notary public.
C. 
Elected officials are prohibited from either directly or indirectly bidding on or purchasing property owned by the City when the property is being sold at a public sale or auction.
D. 
The Mayor or any member of the Board of Aldermen who has a substantial personal or private interest, as defined by State law, in any bill shall disclose on the records of the Board of Aldermen the nature of his interest and shall disqualify himself from voting on any matters relating to this interest.
[Ord. No. 1187 §2, 8-4-2014; Ord. No. 1226 §2, 8-1-2016]

Section 130.070 Disclosure Reports.

[Ord. No. 1165 §3, 1-6-2014; Ord. No. 1187 §3, 8-4-2014; Ord. No. 1226 §3, 8-1-2016]
Each elected official, the City Administrator as Chief Administrative Officer, the City heads of departments and other employees as required by the City Administrator, and the general counsel, shall disclose 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 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; and
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 City Administrator as Chief Administrative Officer and the City Administrator or designated Chief Purchasing Officer also shall disclose by May 1 for the previous calendar year the following information:
a. 
The name and address of each of the employers for 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 owned; the name, address and the general nature of the business conducted of each general partnership and joint venture in which he 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.

Section 130.080 Filing of Reports.

[Ord. No. 1165 §2, 1-6-2014; Ord. No. 1187 §4, 8-4-2014; Ord. No. 1226 §4, 8-1-2016]
The reports, in the attached format, shall be filed with the City Clerk and with the Secretary of State prior to January 1, 2016, and thereafter with the Ethics Commission. The records shall be available for public inspection and copying during normal business hours.

Section 130.090 Financial Interest Statement: When Filed.

[Ord. No. 1165 §2, 1-6-2014; Ord. No. 1187 §5, 8-4-2014; Ord. No. 1226 §5, 8-1-2016]
The financial interest statements shall be filed at the following times, but no person is required to file more that 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 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.

Section 130.100 Confidential Information.

[Ord. No. 1165 §2, 1-6-2014]
A. 
No elected official shall, without prior formal authorization of the public body having jurisdiction, disclose any confidential information concerning any other official or employee, or any other person, or any property or governmental affair of the City.
B. 
No elected official shall use or permit the use of any confidential information to advance the financial or personal interest of himself or any other person.

Section 130.110 Political Activity.

[Ord. No. 1165 §2, 1-6-2014]
Elected officials shall not use the prestige of their positions on behalf of any political party or candidate for elected office and to this end shall refrain from using the official title of Alderman in support of or in opposition to candidates for political office or a political party, nor shall a member of the Board of Aldermen use his or her official title in support or opposition to legislation or other matters pending before governmental bodies other than the City or when the Board of Aldermen has officially taken a position with respect to such matter.

Section 130.120 Immoral or Improper Conduct.

[Ord. No. 1165 §2, 1-6-2014]
If an elected official is convicted of a crime involving moral turpitude, the office shall immediately become vacant. Elected officials should refrain from engaging in conduct which is improper and from using the position of an elected official to obtain a favor or advantage not available to the public at large.

Section 130.130 Employment/ Compensation.

[Ord. No. 1165 §2, 1-6-2014]
Elected and appointed officials and employees serving in an executive or administrative capacity may not be paid to perform any service for one year after they leave public employment through which they attempt to influence a decision of any agency of the State or political subdivision in which they were an officer, employee, or over which they had supervisory authority. (See Section 105.454 (5) RSMo.)

Section 130.140 Meetings/Closed Meetings.

[Ord. No. 1165 §2, 1-6-2014]
A. 
Meetings of the Board of Aldermen will be open and publicized. Elected officials shall be diligent in the performance of duties and shall regularly attend Board of Aldermen meetings and workshops. A quorum of elected officials must be available to conduct city business.
B. 
Any elected official who has been entrusted with a record that is indicated that it is "confidential" or a "Closed record," or who has participated in a closed meeting who nonetheless discloses any closed record, or any information about the contents of any closed meeting to any person shall be guilty of an offense under the ordinances of the City, and upon conviction therefor may be punished as provided by law. Any such person who is an elected official may also be subject to impeachment from his or her office as a result of such disclosure.