[Ord. No. 5886 §1, 8-9-2005; Ord. No. 5947 §1, 8-22-2006; Ord. No. 5982 §1, 7-10-2007; Ord. No. 6023 §1, 7-8-2008; Ord. No. 6083 §1, 7-14-2009]
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.
[Ord. No. 5886 §2, 8-9-2005; Ord. No. 5947 §2, 8-22-2006; Ord. No. 5982 §2, 7-10-2007; Ord. No. 6023 §2, 7-8-2008; Ord. No. 6083 §2, 7-14-2009]
All elected and appointed officials as well as employees of the City of Clayton shall comply with Section 105.454, RSMo., on conflicts of interests as well as any other State law governing official conduct. 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 measure, bill, order or ordinance proposed or pending before the Board of Aldermen shall disclose that interest to the City Clerk and such disclosure shall be recorded in the records of the Board of Aldermen and shall disqualify himself/herself from voting on any matters relating to this interest.
[Ord. No. 5886 §3, 8-9-2005; Ord. No. 5947 §3, 8-22-2006; Ord. No. 5982 §3, 7-10-2007; Ord. No. 6023 §3, 7-8-2008; Ord. No. 6083 §3, 7-14-2009]
Each elected official, the City Manager as Chief Administrative Officer, the City Manager or someone appointed by him as provided in Article VII, Section 3 of the Clayton Charter as the Chief Purchasing Officer and the full-time general counsel, if any, shall disclose the following information by May first (1st) if any such transactions were engaged in 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; and
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 and the Chief Purchasing Officer also shall disclose by May first (1st) for the previous calendar year the following information:
The names and addresses 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 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; 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.
[Ord. No. 5886 §4, 8-9-2005; Ord. No. 5947 §4, 8-22-2006; Ord. No. 5982 §4, 7-10-2007; Ord. No. 6023 §4, 7-8-2008; Ord. No. 6083 §4, 7-14-2009]
The reports, in a form acceptable to the Missouri Ethics Commission, shall be filed with the City Clerk and with the Missouri Ethics Commission in accordance with the Commission's requirements. The reports shall be available for public inspection and copying during normal business hours.
[Ord. No. 5886 §5, 8-9-2005; Ord. No. 5947 §5, 8-22-2006; Ord. No. 5982 §5, 7-10-2007; Ord. No. 6023 §5, 7-8-2008; Ord. No. 6083 §5, 7-14-2009]
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:
Each person appointed to office shall file the statement within thirty (30) days of such appointment or employment;
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.
[CC 1970 §17-118; Ord. No. 5391 §3, 10-28-1997]
The following provisions, in substantially the form set forth below, shall be incorporated in all contracts and agreements with governmental bodies, governmental entities and private parties and corporations wherein the City's public powers, obligations, consents or funds or other financial obligation are involved:
The parties agree to abide by all applicable Federal, State and local laws, ordinances and regulations relating to conflicts of interest. Additionally, but not in limitation of the foregoing, no elected official or other official of the City having any power of review or approval of any of the undertakings contemplated by the agreement shall knowingly participate in any decision(s) relating thereto which affect his/her personal interests or those of his/her immediate family or those of any corporation or partnership in which he/she or a member of his/her immediate family is directly or indirectly interested.
The City shall not knowingly, after due inquiry, employ or contract with any person if a member of his/her immediate family is a member of the Board of Aldermen or is employed by the City in an administrative capacity (i.e., those who have selection, hiring or supervisory or operational responsibility for the work to be performed pursuant to this agreement); provided however, that the foregoing shall not apply to temporary or seasonal employment. The City shall not knowingly, after due inquiry, employ or contract with any corporation or partnership if an elected official of the City or a person employed by the City in an administrative capacity (as defined in the foregoing sentence) or a member of the immediate family of such elected official or person employed in an administrative capacity shall have an interest, directly or indirectly, therein.
For the purposes of this Section, "immediate family" includes: husband, wife, son, daughter, father, mother, brother, sister, brother-in-law, sister-in-law, father-in-law, mother-in-law, uncle, aunt, nephew, niece, stepparent and stepchild.
For purposes of this Section, a person shall be deemed to have an interest in a corporation or partnership if he/she or any member of his/her immediate family shall own, whether singularly or collectively, directly or indirectly, ten percent (10%) more of any corporation or partnership or shall own an interest having a value of ten thousand dollars ($10,000.00) or more therein or an individual or a member of his/her immediate family shall receive, whether singularly or collectively, directly or indirectly, of a salary, gratuity or other compensation or remuneration of five thousand dollars ($5,000.00) or, per year therefrom.
In the event that any or all of the foregoing provision(s) shall conflict with Federal, State or other local laws, ordinances or regulations, then the requirements of such Federal, State or local laws, ordinances or regulations shall prevail. Compliance with the foregoing provisions shall not relieve parties contracting with the City from adherence to any and all additional requirements regarding conflicts of interest set forth in such Federal, State or other local laws, ordinances or regulations.
[Ord. No. 6114 §1, 8-10-2010]
Any person violating any part of this Chapter shall be prosecuted under the general penalty ordinance of the City of Clayton as set forth at Section 100.110 of the Code of Ordinances.