[R.O. 1994 § 106.010; Ord. No.
2010-36, 8-24-2010]
It is the policy of the City of Lake Ozark, Missouri, to uphold,
promote and demand ethical conduct from its elected and appointed
public officials (hereinafter "public officials"). The citizens and
businesses of the City are entitled to have fair, ethical and accountable
local government. The City recognizes the importance of codifying
and making known to the general public the ethical principles that
guide the work of public officials. Public officials of the City are
to maintain the highest standards of personal integrity, truthfulness
and fairness in carrying out their public duties. In order to fulfill
this mission, the City hereby adopts a code of ethics for public officials
to ensure public confidence in the integrity of local government and
its effective and fair operation.
[R.O. 1994 § 106.020; Ord. No.
2010-36, 8-24-2010]
Stewardship of the public interest shall be the public official's
primary concern, working for the common good of the citizens of the
City and avoiding actions that are inconsistent with the best interests
of the City. All person, claims and transactions coming before the
Board of Aldermen or any City board, commission or committee shall
be assured of fair and equal treatment.
[R.O. 1994 § 106.030; Ord. No.
2010-36, 8-24-2010]
Public officials are agents of public purpose and hold office
for the benefit of the public. They are bound to uphold the laws of
the nation, State and the City and to carry out impartially these
laws in the performance of their public duties to foster respect for
all government. These laws include, but are not limited to, the United
States and Missouri Constitutions, the laws of the State of Missouri
and City ordinances.
[R.O. 1994 § 106.040; Ord. No.
2010-36, 8-24-2010]
The professional and personal conduct of public officials shall
be above reproach and shall avoid even the appearance of impropriety.
Public officials shall refrain from abusive conduct, personal charges
or verbal attacks upon the character or motives of the Mayor, other
members of the Board of Aldermen, boards, commissions, committees,
City staff and the public.
[R.O. 1994 § 106.050; Ord. No.
2010-36, 8-24-2010]
A.
Public officials shall perform their duties in accordance with the
processes and rules of order as established by the Board of Aldermen,
boards, commissions and committees governing the deliberation of public
policy issues, meaningful involvement of the public and implementation
of policy decisions of the Board of Aldermen by City staff.
B.
Public officials shall be loyal to the political objectives expressed
by the electorate and the programs developed to attain those objectives.
[R.O. 1994 § 106.060; Ord. No.
2010-36, 8-24-2010]
Public officials shall prepare themselves for the public issues,
listening courteously and attentively to all public discussion before
the body and focus on the business at hand. Officials shall refrain
from interrupting other speakers, making personal comments not germane
to the business of the body or otherwise interfere with the orderly
conduct of meetings.
[R.O. 1994 § 106.070; Ord. No.
2010-36, 8-24-2010]
Public officials shall base their decisions on the merits and
the substance at hand.
[R.O. 1994 § 106.080; Ord. No.
2010-36, 8-24-2010]
Public officials shall publicly share with the body substantive
information that is relevant to a matter under consideration by the
Board of Aldermen or any boards, commissions and committees of the
City which they may have received from sources outside the public
decision-making process.
[R.O. 1994 § 106.090; Ord. No.
2010-36, 8-24-2010]
A.
In order to ensure independence and impartiality on behalf of the
common good, public officials shall not use their official positions
to influence government decisions in which they have a material financial
interest or personal relationship, which may give rise to the appearance
of a conflict of interest or impropriety. As a result, public officials
shall disclose investments, interest in real property, sources of
income and gifts and shall abstain from participating in deliberations
and decision-making where conflicts may exist.
B.
Public officials should avoid action, whether or not specifically
prohibited, which might result in or create the appearance of:
1.
Using their public office for private gain;
2.
Offering preferential treatment to any person;
3.
Impeding City efficiency and economy;
4.
Losing complete independence or impartiality;
5.
Making a City decision outside of official channels; and
6.
Affecting adversely the confidence of the public and the integrity
of the City.
[R.O. 1994 § 106.100; Ord. No.
2010-36, 8-24-2010]
Public officials shall comply with the requirements of Missouri
law relating to the acceptance and reporting of gifts, gratuities
and favors.
[R.O. 1994 § 106.110; Ord. No.
2010-36, 8-24-2010]
Other than public information or with legal authorization, public
officials shall not disclose or furnish to anyone any information
concerning City property, personnel, litigation or proceedings of
the City that was obtained as a result of their positions with the
City. This Section shall not be construed to limit, hinder or prevent
the divulgence or use of information in the performance of official
duties, but shall prohibit the use of or the providing of information
that would place the public official or the recipient in a vantage
position over the general public and thereby constitute a violation
of public trust. Confidential information shall include, but not be
limited to, any written information which is not subject to disclosure
pursuant to Missouri law or any other statutory exemption regarding
public records or any oral information which was not discussed at
an open public meeting.
[R.O. 1994 § 106.120; Ord. No.
2010-36, 8-24-2010]
A.
Unless specifically permitted by City policy, the use of City facilities,
equipment, vehicles, supplies, on-duty personnel or other goods or
services is limited to City business. Public resources may not be
used for private gain or personal purposes except on the same basis
that they are otherwise normally available to the public. Normal rental
or usage fees may not be waived except in accordance with City policy.
B.
A public official may use the City's name, letterhead, logo or seal
only when it would be perceived as representing the City or the body
as a whole and only with the prior consent of the Board of Aldermen.
However, this provision will not prohibit individual Aldermen members
from using City letterhead and resources to write personal congratulatory
letters, letters of recommendations, references, endorsements and
such may be written on by an Alderman on City letterhead with a copy
being provided to each member of the Board of Aldermen.
C.
A public official shall not utilize the City's name, letterhead,
logo or seal for the purpose of endorsing any political candidate,
business, commercial product or service.
[R.O. 1994 § 106.130; Ord. No.
2010-36, 8-24-2010]
As stewards of the public interest, the Mayor and members of
the Board of Aldermen shall not appear on behalf of the private interests
of third parties before the Board of Aldermen or any other board,
commission, committee or proceeding in the City. Public officials
of boards, commissions and committees shall not appear before their
own bodies or before the Board of Aldermen on behalf of the private
interests of third parties on matter related to the areas of service
of their bodies.
[R.O. 1994 § 106.140; Ord. No.
2010-36, 8-24-2010]
Public officials shall represent the official policies or positions
of the City to the best of their abilities when designated as delegates
for this purpose. When representing their individual opinions and
positions, public officials shall explicitly state that they do not
represent their body or the City and they shall not give the inference
that they do.
[R.O. 1994 § 106.150; Ord. No.
2010-36, 8-24-2010]
Public officials shall respect and adhere to the City Administrator
form of government as outlined in the ordinances, policies and procedures
with respect to the City Administrator's relationship to the Board
of Aldermen. In this structure, the Board of Aldermen determine the
policies of the City with the advice, information and analysis provided
by the public, boards, commissions, committees and City staff. Except
as provided by City ordinance, Board of Aldermen members shall not
interfere with the administrative functions of the City or the professional
duties of City staff or impair the ability of staff to implement City
policy decisions.
[R.O. 1994 § 106.160; Ord. No.
2010-36, 8-24-2010]
The value of independent advice and recommendations of boards,
commissions and committees to the public decision-making process is
of such significance that members of the Board of Aldermen should
refrain from using their positions to influence the deliberations
or outcomes of board, commission and committee proceedings.
[R.O. 1994 § 106.170; Ord. No.
2010-36, 8-24-2010]
The City strongly disapproves of and does not tolerate harassment
of any kind. Public officials shall avoid offensive or inappropriate
harassing behavior. Complaints of harassment will be promptly and
carefully investigated in accordance with City policy.
[R.O. 1994 § 106.180; Ord. No.
2010-36, 8-24-2010]
Public officials shall support the maintenance of a positive
and constructive workplace environment for the City employees and
for citizens and businesses dealing with the City. Public officials
shall recognize their roles in dealing with City employees and refrain
from creating the perception of inappropriate action to City staff.
[R.O. 1994 § 106.190; Ord. No.
2010-36, 8-24-2010]
Whenever any public official, subject to this policy, is in
doubt as to the proper interpretation or application of this code
of ethics policy, that public official may submit to the City Attorney
a full written statement of the facts and questions. The City Attorney
shall then render a written opinion to such public official and shall
publish his or her opinion without use of name of the public official
involved unless such public official permits the use of a name.
[R.O. 1994 § 106.200; Ord. No.
2010-36, 8-24-2010]
A.
The code of ethics for public officials of the City is intended to
be self-enforcing. Therefore, it becomes most effective when public
officials are thoroughly familiar with it and embrace its provisions.
For this reason, these ethical standards shall be included in the
regular orientation of candidates for Board of Aldermen, newly elected
officials and appointed members of all boards, commissions and committees
of the City.
B.
Public officials entering office shall receive a statement certifying
that they have read and understand the City's code of ethics. Signing
the statement is optional. However, all public officials are subject
to the provisions of the code of ethics whether or not the statement
is signed.
C.
The code of ethics shall be reviewed biannually by the Board of Aldermen.
Recommendations received from the review shall be considered by the
Board of Aldermen. The code of ethics shall be updated, as necessary,
in May of even-numbered years.
[R.O. 1994 § 106.210; Ord. No.
2010-36, 8-24-2010]
A.
The City's code of ethics expresses standards of ethical conduct
expected for the public officials of the Board of Aldermen, boards,
commissions and committees. Public officials themselves have the primary
responsibility to ensure that ethical standards are understood and
met and that the public can continue to have full confidence in the
integrity of the government.
B.
A person making a complaint against a public official for violation
of this policy shall submit the complaint, in writing, to the City
Attorney who will determine its legal sufficiency. The written complaint
must be based substantially upon the personal knowledge of the complainant
and must be signed under oath or affirmation by the person filing
the complaint.
C.
If the City Attorney determines that the complaint is legally sufficient,
the City Attorney shall hire and appoint a hearing officer to determine
if probable cause of the violation(s) of this policy exists. If the
hearing officer determines that probable cause does exist for violation
of this policy, the hearing officer shall report the finding to the
Board of Aldermen.
D.
The Board of Aldermen shall make a final determination upon a majority
vote of all members, except for any member of the Board of Aldermen
which is the subject of a complaint. The hearing by the Board of Aldermen
shall not be subject to the strict rule of evidence and the standard
of proof required for a final determination of violation of this policy
shall be a preponderance of the evidence. At the discretion of the
Board of Aldermen, sanctions may include private or public reprimand
or censure, removal or exclusion from leadership positions, governing
board and other official positions or duties that do not conflict
with Missouri Statutes.
[R.O. 1994 § 112.010; Ord. No.
93-17 § 1, 9-14-1993; Ord. No. 94-15 § 1, 9-13-1994; Ord. No. 95-9 § 1, 8-8-1995; Ord. No. 97-16 § 1, 8-12-1997; Ord. No. 98-24 § 1, 8-11-1998; Ord. No. 99-18 § 1, 8-24-1999; Ord. No. 2001-12 § 1, 8-28-2001; Ord. No. 2003-31 § 1, 8-26-2003; Ord. No. 2005-25 § 1, 8-9-2005; Ord. No. 2007-27 § 1, 8-14-2007; Ord. No. 2009-32, 8-11-2009; Ord. No. 2010-33 § 1, 7-27-2010; Ord. No. 2013-25 § 1, 9-10-2013; Ord. No. 2015-26 § 1, 6-23-2015; Ord. No. 2017-23, 7-11-2017; Ord. No. 2019-12, 5-28-2019; Ord. No. 2021-26, 7-27-2021; Ord. No. 2023-35, 8-22-2023]
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,
there is hereby established a procedure for disclosure by certain
officials and employees of private financial or other interests in
matters affecting the City.
[R.O. 1994 § 112.020; Ord. No.
93-17 § 2, 9-14-1993; Ord. No. 94-15 § 2, 9-13-1994; Ord. No. 95-9 § 2, 8-8-1995; Ord. No. 97-16 § 2, 8-12-1997; Ord. No. 98-24 § 2, 8-11-1998; Ord. No. 99-18 § 2, 8-24-1999; Ord. No. 2001-12, § 2, 8-28-2001; Ord. No. 2003-31 § 2, 8-26-2003; Ord. No. 2005-25 § 2, 8-9-2005; Ord. No. 2007-27 § 2, 8-14-2007; Ord. No. 2009-32, 8-11-2009; Ord. No. 2010-33 § 2, 7-27-2010; Ord. No. 2013-25 § 2, 9-10-2013; Ord. No. 2015-26 § 2, 6-23-2015; Ord. No. 2017-23, 7-11-2017; Ord. No. 2019-12, 5-28-2019; Ord. No. 2021-26, 7-27-2021; Ord. No. 2023-35, 8-22-2023]
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 himself/herself from voting
on any matters relating to this interest.
[R.O. 1994 § 112.030; Ord. No.
93-17 § 3, 9-14-1993; Ord. No. 94-15 § 3, 9-13-1994; Ord. No. 95-9 § 3, 8-8-1995; Ord. No. 97-16 § 3, 8-12-1997; Ord. No. 98-24 § 3, 8-11-1998; Ord. No. 99-18 § 3, 8-24-1999; Ord. No. 2001-12 § 3, 8-28-2001; Ord. No. 2003-31 § 3, 8-26-2003; Ord. No. 2005-25 § 3, 8-9-2005; Ord. No. 2007-27 § 3, 8-14-2007; Ord. No. 2009-32, 8-11-2009; Ord. No. 2010-33 § 3, 7-27-2010; Ord. No. 2013-25 § 3, 9-10-2013; Ord. No. 2015-26 § 3, 6-23-2015; Ord. No. 2017-23, 7-11-2017; Ord. No. 2019-12, 5-28-2019; Ord. No. 2021-26, 7-27-2021; Ord. No. 2023-35, 8-22-2023]
A.
Each elected official and the City Administrator shall disclose,
in writing, the following information by May 1, of each year, 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 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 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 or providing utility service to
the political subdivision, and other than transfers for no consideration
to the political subdivision.
3.
The Mayor and the City Administrator also shall disclose, in
writing, by May 1, of each year, 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.
[R.O. 1994 § 112.040; Ord. No.
93-17 § 4, 9-14-1993; Ord. No. 94-15 § 4, 9-13-1994; Ord. No. 95-9 § 4, 8-8-1995; Ord. No. 97-16 § 4, 8-12-1997; Ord. No. 98-24 § 4, 8-11-1998; Ord. No. 99-18 § 4, 8-24-1999; Ord. No. 2001-12 § 4, 8-28-2001; Ord. No. 2003-31 § 4, 8-26-2003; Ord. No. 2005-25 § 4, 8-9-2005; Ord. No. 2007-27 § 4, 8-14-2007; Ord. No. 2009-32, 8-11-2009; Ord. No. 2010-33 § 4, 7-27-2010; Ord. No. 2013-25 § 4, 9-10-2013; Ord. No. 2015-26 § 4, 6-23-2015; Ord. No. 2017-23, 7-11-2017; Ord. No. 2019-12, 5-28-2019; Ord. No. 2021-26, 7-27-2021; Ord. No. 2023-35, 8-22-2023]
The reports, in the attached format,[1] shall be filed with the City Clerk and with the Secretary
of State prior to January 1, of each year, and thereafter with the
Ethics Commission. The reports shall be available for public inspection
and copying during normal business hours.
[1]
Editor's Note: Said attached report format is available for
review in the City offices.
[R.O. 1994 § 112.050; Ord. No.
93-17 § 5, 9-14-1993; Ord. No. 94-15 § 5, 9-13-1994; Ord. No. 95-9 § 5, 8-8-1995; Ord. No. 97-16 § 5, 8-12-1997; Ord. No. 98-24 § 5, 8-11-1998; Ord. No. 99-18 § 5, 8-24-1999; Ord. No. 2001-12 § 5, 8-28-2001; Ord. No. 2003-31 § 5, 8-26-2003; Ord. No. 2005-25 § 5, 8-9-2005; Ord. No. 2007-27 § 5, 8-14-2007; Ord. No. 2009-32, 8-11-2009; Ord. No. 2010-33 § 5, 7-27-2010; Ord. No. 2013-25 § 5, 9-10-2013; Ord. No. 2015-26 § 5, 6-23-2015; Ord. No. 2017-23, 7-11-2017; Ord. No. 2019-12, 5-28-2019; Ord. No. 2021-26, 7-27-2021; Ord.
No. 2023-35, 8-22-2023]
A.
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 one 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, of each year,
and the statement shall cover the calendar year ending December 31,
of the previous year; 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.
