City of Camdenton, MO
Camden County
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Table of Contents
Table of Contents

Section 122.010 Definitions.

[RSMo. §105.450]
As used in this Article unless the context clearly requires otherwise, the following terms mean:
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, proprietorship, or business entity of any kind or character.
1. 
Any sole proprietorship owned by himself, his/her spouse or any dependent child in his/her custody;
2. 
Any partnership or joint venture in which he/she or his/her spouse is a partner, other than as a limited partner of a limited partnership, and any corporation or limited partnership in which he/she is an officer or director or of which either he/she or his/her spouse or dependent child in his/her 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
3. 
Any trust in which he/she is a trustee or settlor or in which he/she or his/her 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 paragraphs (1) to (9) 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 and is designated by one of the following officials or entities as a decision-making public servant:
1. 
The governing body of the political subdivision with a general operating budget in excess of one million dollars.
2. 
A state commission or board.
3. 
A department, division, or agency director.
4. 
A judge vested with judicial power by Article V of the Constitution of the State of Missouri.
5. 
Any commission empowered by interstate compact.
6. 
A statewide elected official.
7. 
The speaker of the house of representatives.
8. 
The president pro tem of the senate.
9. 
A board of regents or board of curators of a state institution of higher education.
DEPENDENT CHILD OR DEPENDENT CHILD IN HIS/HER CUSTODY
All children, stepchildren, foster children and wards under the age of eighteen (18) residing in his/her household and who receive in excess of fifty percent (50%) of their support from him.
POLITICAL SUBDIVISION
Shall include 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, 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 of an interest having a value of ten thousand dollars ($10,000.00) or more, or the receipt by an individual, his/her spouse or his/her 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.
SUBSTANTIAL PERSONAL OR PRIVATE INTEREST IN ANY MEASURE, BILL, ORDER OR ORDINANCE
Any interest in a measure, bill, order or ordinance which results from a substantial interest in a business entity.

Section 122.020 Prohibited Acts by Elected and Appointed Public Officials and Employees.

[RSMo. §105.452]
A. 
No elected or appointed official or employee of the City shall:
1. 
Act or refrain from acting in any capacity in which he/she is lawfully empowered to act as such an official or employee by reason of any payment, offer to pay, promise to pay, or receipt of anything of actual pecuniary value paid or payable, or received or receivable, to himself/herself or any third person, including any gift or campaign contribution, made or received in relationship to or as a condition of the performance of an official act, other than compensation to be paid by the City; or
2. 
Use confidential information obtained in the course of or by reason of his/her employment or official capacity in any manner with intent to result in financial gain for himself, his/her spouse, his/her dependent child in his/her custody, or any business with which he/she is associated;
3. 
Disclose confidential information obtained in the course of or by reason of his/her employment or official capacity in any manner with intent to result in financial gain for himself/herself or any other person;
4. 
Favorably act on any matter that is so specifically designed so as to provide a special monetary benefit to such official or his/her spouse or dependent children, including but not limited to increases in retirement benefits, whether received from the State of Missouri or any third party by reason of such act. For the purposes of this Subsection "special monetary benefit" means being materially affected in a substantially different manner or degree than the manner or degree in which the public in general will be affected or, if the matter affects only a special class of persons, then affected in a substantially different manner or degree than the manner or degree in which such class will be affected. In all such matters such officials must recuse themselves from acting, except that such official may act on increases in compensation subject to the restrictions of Section 13 of Article VII of the Missouri Constitution; or
5. 
Use his/her decision-making authority for the purpose of obtaining a financial gain which materially enriches himself, his/her spouse or dependent children by acting or refraining from acting for the purpose of coercing or extorting from another anything of actual pecuniary value.

Section 122.030 Additional Prohibited Acts by Certain Elected and Appointed Public Officials and Employees — Exceptions.

[RSMo. §105.454]
A. 
No elected or appointed official or employee of the City, serving in an executive or administrative capacity, shall:
1. 
Perform any service for any agency of the City over which he/she has supervisory power for receipt or payment of any compensation, other than of the compensation provided for the performance of his/her official duties, in excess of five hundred dollars ($500.00) per annum, except on transactions made pursuant to an award on a contract let or sale made after public notice and competitive bidding, provided that the bid or offer is the lowest received.
2. 
Sell, rent or lease any property to any agency of the City over which he/she has supervisory power and received consideration therefor in excess of five hundred dollars ($500.00) per year unless the transaction is made pursuant to an award on a contract let or sale made after public notice and in the case of property other than real property, competitive bidding, provided that the bid or offer accepted is the lowest received.
3. 
Participate in any matter, directly or indirectly, in which he/she attempts to influence any decision of any agency of the City over which he/she has supervisory power, when he/she knows the result of such decision may be the acceptance of the performance of a service or the sale, rental, or lease of any property to that agency for consideration in excess of five hundred dollars ($500.00) value per annum to him, to his/her spouse, to a dependent child in his/her custody or to any business with which he/she is associated unless the transaction is made pursuant to an award on a contract let or sale made after public notice and in the case of property other than real property, competitive bidding, provided that the bid or offer accepted is the lowest received.
4. 
Perform any services during the time of his/her office or employment for any consideration from any person, firm or corporation, other than the compensation provided for the performance of his/her official duties, by which service he/she attempts to influence a decision of any agency of the City over which he/she has supervisory power.
5. 
Perform any service for consideration, during one (1) year after termination of his/her office or employment, by which performance he/she attempts to influence a decision of any agency of the City over which he/she had supervisory power, except that this provision shall not be construed to prohibit any person from performing such service and receiving compensation therefor, in any adversary proceeding or in the preparation or filing of any public document.
6. 
Perform any service for any consideration for any person, firm or corporation after termination of his/her office or employment in relation to any case, decision, proceeding or application with respect to which he/she was directly concerned or in which he/she personally participated during the period of his/her service or employment.

Section 122.040 Contributions Not to Be Converted to Personal Use — Exceptions.

[RSMo. §105.457]
A. 
Contributions as defined in Section 130.011, RSMo., received by any candidate, former candidate or holder of elective office shall not be converted to any personal use, except to:
1. 
Defray reasonable costs of personal services performed for the campaign except by the candidate.
2. 
Defray any ordinary and necessary expenses incurred in connection with his/her duties as a holder of elective office.
3. 
Defray any expenses associated with the duties of a candidacy or of elective office pertaining to the entertaining of or providing social courtesies to constituents, professional associations, or other holders of elective office.
4. 
Return any contribution to the person who made the contribution to the candidate or holder of elective office.
5. 
Make an unconditional gift which is fully vested to any political organization or candidate committee, or any charitable, fraternal or civic organizations or other associations formed to provide for some good in the order of benevolence, provided that such candidate, former candidate or holder of elective office has no interest, office or position of employment in such organization.
B. 
Upon the death of the candidate, former candidate or holder of elective office who received such contributions, all contributions must be disposed of according to this Section and any funds remaining after final settlement of the candidate's decedent's estate, or if no estate is opened, then twenty-four (24) months after the candidate's death, will escheat to the State of Missouri.

Section 122.050 Interest in Measure, Bill, or Ordinance to Be Recorded — Financial Interest Statement.

[RSMo. §105.461]
A. 
The Mayor or any member of the Board of Aldermen who has a substantial personal or private interest in any measure, bill, order or ordinance proposed or pending before the Board of Aldermen, shall, before he/she passes on the measure, bill, order or ordinance, file a written report of the nature of the interest with the City Clerk and such statement shall be recorded in the appropriate journal or other record of proceedings of the Board of Aldermen.
B. 
The Mayor or any member of the Board of Aldermen shall be deemed to have complied with the requirements of this section if he/she has filed, at any time before he/she passes on such measure, bill, order or ordinance, a financial interest statement pursuant to Sections 105.483 to 105.492, RSMo., which discloses the basis for his/her substantial personal or private interest or interests that he/she may have therein. Any such person may amend his/her financial interest statement to disclose any subsequently acquired substantial interest at any time before he/she passes on any measure, bill, order or ordinance, and shall be relieved of the provisions of Subsection (A) of this Section.

Section 122.060 Discharge and Discrimination Prohibited, Reasons — Reinstatement.

[RSMo. §105.467]
A. 
The Board of Aldermen or appointing authority shall not discharge, threaten, or otherwise discriminate against a person regarding compensation, terms, conditions, location, or privileges of employment because:
1. 
The person reports or is about to report, verbally or in writing, a violation or a suspected violation of this Article; or
2. 
A person is requested by the Commission to participate in an investigation, hearing, or inquiry held by the Commission or any related court action.
This Subsection shall not apply to a person acting on behalf of a person who knowingly or recklessly makes a false report.
B. 
A person who alleges a violation of Subsection (A) of this Section may bring a civil action for appropriate injunctive relief, or actual damages, or both.
C. 
A court, in rendering a judgment in an action brought pursuant to this Section, shall order, as the court considers appropriate, reinstatement, of the person, the payment of back wages, full reinstatement of fringe benefits and seniority rights, actual damages, or any combination of these remedies. A court may also award such person all or a portion of the costs of litigation, including reasonable attorney's fees and witness fees, if the court determines that the award is appropriate.

Section 122.070 Conflict of Interest — Penalties.

[CC 1984 §25.060]
Any person who violates the provisions of this Article shall upon conviction thereof, be punished as provided in Sections 100.160 — 100.180 of this Code.

Section 122.080 Declaration of Policy.

[Ord. No. 1381 — 91 §1, 8-20-1991; Ord. No. 1505-93 §1, 8-3-1993]
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, procedures for disclosure by certain officials and employees of private financial or other interests in matters affecting the City is hereby readopted.

Section 122.090 Conflicts of Interest.

[Ord. No. 1381-91 §2, 8-20-1991; Ord. No. 1505-93 §2, 8-3-1993]
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/her interest and shall disqualify themselves from voting on any matters relating to this interest.

Section 122.100 Disclosure Reports.

[Ord. No. 1381 — 91 §3, 8-20-1991; Ord. No. 1505-93 §3, 8-3-1993]
A. 
Each elected official, the Chief Administrative Officer, the Chief Purchasing Officer, and the General Counsel (if employed full-time) shall disclose the following information by May first (1st) if any such transactions were engaged in during the previous calendar year.
1. 
For such person, and all persons within the first (1st) 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 Chief Administrative Officer and the Chief Purchasing Officer also shall disclose by May first (1st) 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 by each general partnership and joint venture in which he/she was a partner or participant; the name and address of each partner or co-partner 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 by any closely held corporation or limited partnership in which the person owned ten percent (10%) or more of any class of 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 122.110 Filing of Reports.

[Ord. No. 1381-91 §4, 8-20-1991; Ord. No. 1505-93 §4, 8-3-1993]
The reports, in a format which is on file in the City Clerk's office, shall be filed with the City Clerk and with the Missouri Ethics Commission. The reports shall be available for public inspection and copying during normal business hours.

Section 122.120 Reports — When to Be Filed.

[Ord. No. 1381-91 §6, 8-20-1991; Ord. No. 1505-93 §5, 8-3-1993]
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 first (1st) and the statement shall cover the calendar year ending the immediately preceding December thirty-first (31st); provided that any member of the Board of Aldermen may supplement the financial interest statement to report additional interests acquired after December thirty-first (31st) of the covered year until the date of filing of the financial interest statement.