[1]
Editor's Note: Ord. No. 5314 § 2, adopted January 14, 2010, repealed Art. IV "Conflicts of Interest" and §§ 125.110 — 125.160 and enacted the new provisions set out herein. Former Art. IV and §§ 125.110 — 125.160 derived from R.O. 2007 §§ 125.110 — 125.160; CC 1979 §§ 23-7 — 23-11, 23-1975; Ord. No. 276 §§ 1 — 6, 8, 9-13-1976; Ord. No. 1782 §§ 1 — 4, 8-8-1991; Ord. No. 2046 § 1, 8-26-1993; Ord. No. 2188 § 1, 8-25-1994; Ord. No. 2350 § 1, 8-24-1995; Ord. No. 2741 § 1, 8-28-1997; Ord. No. 2924 § 1, 9-10-1998; Ord. No. 3203 §§ 1 — 10, 2-24-2000; Ord. No. 3697 § 1, 8-22-2002; Ord. No. 4103 § 1, 8-12-2004; Ord. No. 4597 § 1, 8-10-2006; Ord. No. 4837 § 1, 8-9-2007; Ord. No. 5238 § 1, 8-13-2009.
[Ord. No. 5314 § 2, 1-14-2010]
For the purposes of this Article,
certain terms and words are hereby defined as follows:
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 body 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 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 or division
of the City.
A corporation, association, firm, partnership, proprietorship,
or business entity of any kind or character.
Any sole proprietorship owned by
himself or herself, the person's spouse or any dependent child in
the person's custody;
Any partnership or joint venture
in which the person or the person's spouse is a partner, other than
as a limited partner of a limited partnership, and any corporation
or limited partnership in which the person is an officer or director
or of which either the person or the person's spouse or dependent
child in the person's 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
Any trust in which the person is
a trustee or settlor or in which the person or the person's 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.
The City Administrator of the City of St. Peters.
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, which shall include, but is not
necessarily limited to, public records and information transmitted
in meetings of public governmental bodies properly closed pursuant
to Chapter 610, RSMo.
All children, stepchildren, foster children and wards under
the age of eighteen (18) residing in an individual's household and
who receive in excess of fifty percent (50%) of their support from
the individual.
Persons related by blood or marriage in the first degree,
i.e., spouse, dependent children, mother, father, brother or sister.
A document or other record maintained for public inspection
without limitation on the right of access to it.
Any elected or appointed official of the City of St. Peters,
any member of the Planning and Zoning Commission or Board of Adjustment
and any other individual who is empowered to adopt a rule or regulation,
other than rules and regulations governing the internal affairs of
the City, or who is empowered to fix any rate, adopt zoning or land
use planning regulations or plans, or who participates in or votes
on the adoption of any such rule, regulation, rate or plan.
Ownership by the individual, the individual's spouse, or
the individual's 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, the individual's spouse
or the individual's 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
or business entity within any calendar year.
Any interest in a measure, bill, order or ordinance of the
City of St. Peters which results from a substantial interest in a
business entity.
[Ord. No. 5314 § 2, 1-14-2010]
The proper operation of municipal
government requires that local government officials and employees
be independent, impartial and responsible to the people; that government
decisions and policy be made within the proper channels of the governmental
structure; that public office or employment 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 standard of conduct expected of local government officials and employees,
the procedures to be used when questions pertaining to their ethical
conduct arise, and the establishment of a procedure for disclosure
by local government officials and certain employees of financial or
other interests in matters affecting the City.
[Ord. No. 5314 § 2, 1-14-2010]
A.
Public officials are agents of the public,
and while performing their duties in the public interest, are bound
to uphold, support and defend the Constitution of the United States
and the Constitution of the State of Missouri and to faithfully follow
and administer the law and the ordinances of the City of St. Peters.
B.
The duty of public officials to work in
the public interest entails responsibility for the proper, efficient
and economical management of all public funds, property and other
resources. All public officials shall faithfully discharge their duties
to the best of their abilities, placing the public interest over all
other considerations.
C.
All public officials shall support professional
administration of local government by non-encroachment upon professional
staff responsibilities in carrying out official policies, without
discrimination on the basis of age, race, creed, sex, disability,
national origin or political belief.
D.
No public official shall intercede in matters
of City personnel, except as provided by law or ordinance, in order
that all matters of personnel are handled on the basis of merit so
as to safeguard and protect the public interest, the reputation and
integrity of government, and to ensure that fairness and impartiality
govern decisions pertaining to appointments, pay adjustments, promotions
and discipline.
[Ord. No. 5314 § 2, 1-14-2010]
A.
The following acts by any employee of the City, who is not a public official, shall constitute a "conflict of interest", are expressly prohibited and punishment for the violation thereof shall be assessed in accordance with Section 100.060 of the City Code.
1.
No employee of the City who is not
a public official shall:
a.
Act or refrain from acting in any
capacity in which he is lawfully empowered to act as an employee of
the City 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 or any third person, including
any gift 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
b.
Use confidential information obtained
in the course of or by reason of his employment in any manner with
the intent to result in financial gain for himself, his spouse, his
dependent child in his custody or any business entity with which he
is associated; or
c.
Disclose confidential information
obtained in the course of or by reason of his employment or official
capacity in any manner; or
d.
Favorably act on any matter that
is so specifically designed so as to provide a special monetary benefit
to such employee or his 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 employees
must recuse themselves from acting, except that such employee may
act on increases in compensation subject to the restrictions of Section
13 of Article VII of the Missouri Constitution; or
e.
Use his decision-making authority
for the purpose of obtaining a financial benefit which materially
enriches himself, his spouse, dependent children or business entity
with which he is associated by acting or refraining from acting, or
by coercing or extorting from another anything of actual pecuniary
value; or
f.
Perform any service for the City
for receipt of any compensation, other than the compensation provided
for the performance of his official duties, in excess of five hundred
dollars ($500.00) per transaction or five thousand dollars ($5,000.00)
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; or
g.
Sell, rent or lease any property
to the City and received consideration therefor in excess of five
hundred dollars ($500.00) per transaction or five thousand dollars
($5,000.00) 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; or
h.
Participate in any matter, directly
or indirectly, in which he attempts to influence the City, when he
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 the City
for consideration in excess of five hundred dollars ($500.00) value
per transaction or five thousand dollars ($5,000.00) value per annum
to him, to his spouse, to a dependent child in his custody or to any
business entity with which he 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; or
i.
Perform any services during the time
of his employment for any consideration from any person or business
entity, other than the compensation provided for the performance of
his official duties, by which service he attempts to influence a decision
of the City; or
j.
Perform any service for consideration,
during one (1) year after termination of his employment, by which
performance he attempts to influence a decision or action of the City,
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; or
k.
Perform any service for any consideration
for any person or business entity after termination of his office
or employment in relation to any case, decision, proceeding or application
with respect to which he was directly concerned or in which he personally
participated during the period of his service or employment.
l.
Represent any person or business
entity, during the time of his employment, in any matter pending before
the City. Notwithstanding the foregoing, nothing contained in this
Subsection shall be interpreted to prohibit an employee of the City
from making any presentation to the City on any matter that favors
any person or business entity when such presentation is made as a
part of that employee's official duties and is not otherwise in violation
of this Section.
[Ord. No. 5314 § 2, 1-14-2010]
A.
No provision of this Article shall be construed
to prohibit any person from performing any ministerial act or any
act required by order of a court or by law to be performed.
B.
No provision of this Article shall be construed
to prohibit any person from communicating with the office of the Attorney
General or any prosecuting attorney or any attorney for any political
subdivision concerning any prospective claim or complaint then under
consideration not otherwise prohibited by law.
C.
No provision of this Article shall be construed
to prohibit any person or business entity from receiving compensation
for property taken by the State or any political subdivision thereof
under the power of eminent domain in accordance with the provisions
of the Constitution and the laws of the State.
[Ord. No. 5314 § 2, 1-14-2010]
None of the provisions of Section 125.140 shall limit the contractual capacity of any employee in his official capacity while acting in behalf of the City, but such Section is intended only to prohibit such employee from dealing by or with persons in whom he has a substantial interest.
[Ord. No. 5314 § 2, 1-14-2010]
Any contract, purchase or agreement
entered into by the City which violates any provision of this Article
shall be void.
[Ord. No. 5314 § 2, 1-14-2010; Ord. No. 5780 § 1, 8-9-2012; Ord. No. 6188 § 1, 7-24-2014; Ord. No. 6577 § 1, 7-28-2016; Ord. No. 7673, 7-28-2022]
A.
Each elected official, the Chief Administrative
Officer and the Chief Purchasing Officer, each City employee who has
been authorized to purchase goods or services for or on behalf of
the City, each member of the Planning and Zoning Commission, Board
of Adjustment and any other individual who is empowered to adopt a
rule or regulation, other than rules and regulations governing the
internal affairs of the City, or who is empowered to fix any rate,
adopt zoning or land use planning regulations or plans, or who participates
in or votes on the adoption of any such rule, regulation, rate or
plan, 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 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 City of St. Peters, other than compensation received
as an employee or payment of any tax, fee or penalty due to the City
of St. Peters and other than transfers for no consideration to the
City of St. Peters.
2.
The date and identities of the parties
to each transaction known 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 City of St. Peters,
other than payment of any tax, fee, reimbursement for expenditures
made on behalf of the City of St. Peters or penalty due to the City
of St. Peters or transactions involving payment for providing utility
service to the City of St. Peters and other transfers for no consideration
to the City of St. Peters.
3.
The Chief Administrative Officer
and the Chief Purchasing Officer 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 coparticipant for each partnership, joint
venture or trust unless such names and addresses are filed by the
partnership, joint venture or trust with the Secretary of State; the
name, address and general nature of the business conducted of any
closely held corporation, limited liability company, general or limited
partnership, or trust in which the person owned or has a beneficial
interest in ten percent (10%) or more of any class of the outstanding
stock, or member or partnership units, both general and limited, in
the aggregate, or corpus or income interest of a trust; and the name
of any publicly traded corporation or 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, membership or partnership units or other equity interests;
and
c.
The name and address of business
entity for which such person served in the capacity of a director,
officer, manager, general partner or receiver.
4.
Filing Of Statements. The statements,
in substantially the format which is on file in the office of the
City Clerk, shall be filed with the City Clerk and the Missouri Ethics
Commission in compliance with Sections 105.483 to 105.496, RSMo.,
as amended. 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:
a.
Each person appointed to office shall
file the statement within thirty (30) days of such appointment or
employment;
b.
Each such person shall thereafter
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 shall 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; and
c.
Each candidate for elective office
who is required to file a personal financial disclosure statement
shall file a financial interest statement no later than fourteen (14)
days after the close of filing at which the candidate seeks nomination
or election, and the statement shall be for the twelve (12) months
prior to the closing date, except that in the event an individual
does not become a candidate until after the date of certification
for candidates, the statement shall be filed within fourteen (14)
days of the individual becoming a candidate. The City Clerk shall
provide to the candidate at the time of filing for election written
notice of the candidate's obligation to file a financial statement
and the candidate shall sign a statement acknowledging receipt of
such notice.
5.
Penalties.
a.
Any person required to file a financial
interest statement pursuant to this Section who fails to file such
statement by the times required shall, if such person receives any
compensation or other remuneration from public funds for the person's
services, not be paid such compensation or receive such remuneration
until the person has filed a statement as required by this Section.
Any person required to file a statement who fails to file such statement
by the time required and continues to fail to file the required statement
for thirty or more days after receiving notice from the Missouri Ethics
Commission shall be subject to suspension from office in the manner
otherwise provided by law or the Constitution. The Attorney General
or circuit attorney, at the request of the Missouri Ethics Commission,
may take appropriate legal action to enforce the provisions of this
Section.
b.
If a candidate for office does not
file a statement by the close of business on the 21st day after the
last day for filing for election for which the person is a candidate,
the Missouri Ethics Commission shall notify the official who accepted
such candidate's declaration of candidacy that the candidate is disqualified.
Such election official shall remove the candidate's name from the
ballot.
c.
Failure of any elected official or
judge to file a financial interest statement thirty (30) days after
notice from the appropriate filing officer shall be grounds for removal
from office as may be otherwise provided by law or the Constitution.
[Ord. No. 5314 § 2, 1-14-2010]
A.
The following acts shall constitute a "conflict of interest" and are expressly prohibited, the violation of which shall be prosecuted in the manner set forth in Section 125.220.
1.
No public official shall represent
any person or business entity, during his term of office or during
the time of his employment, whether or not for compensation, in any
matter pending before the City. Notwithstanding the foregoing, nothing
contained in this Subsection shall be interpreted to prohibit a public
official from making presentations to the City on any matter that
favors any person or business entity when such presentations are made
as a part of that public official's official duties, are not made
for any compensation other than the compensation provided for the
performance of his or her official duties, and are not otherwise in
violation of this Section.
2.
No public official shall use confidential
information obtained in the course of or by reason of his office or
employment in any manner with the intent to result in any financial
gain for himself, his spouse, dependent children in his custody or
any business entity with which he is associated.
3.
No public official shall disclose
confidential information obtained in the course of or by reason of
his employment or official duties in any manner.
4.
No public official shall by virtue
of his position avail himself of the purchasing power or use of the
facilities of the City of St. Peters or the State of Missouri for
his personal or political gain, except where the primary purpose is
its use in the performance of the duties and obligations related to
his office.
5.
No public official shall engage in
or accept public office or public employment which such public office
or employment is incompatible to or in conflict with the proper discharge
of his official duties or would tend to impair his independence, judgment
or action in the performance of his official duties.
6.
No public official shall make a false
representation before any Federal, State or local political subdivision
or agency or any representative of any Federal, State or local political
subdivision or agency. For the purposes of this Subsection, a public
official makes a "false representation" when such public official
represents himself to be a public official with the purpose to induce
another person to submit to his apparent official authority or to
rely upon his apparent official acts when such public official knows
or should know that he does not have official authorization to act
on behalf of the City from the Mayor and Board of Aldermen, and
a.
Performs an act in that apparent
capacity; or
b.
Causes another to act in reliance
upon his apparent official authority.
|
Notwithstanding the foregoing, nothing
stated in this Subsection shall prohibit any public official, representing
themselves, from addressing issues of public concern before any Federal,
State or local political subdivision or representative thereof.
|
7.
No public official shall perform
any service for the City for any consideration, other than the compensation
provided for the performance of his official duties, except as otherwise
provided in this Section.
8.
No public official shall sell, rent
or lease any property to the City and received consideration therefor
in excess of five hundred dollars ($500.00) per transaction or five
thousand dollars ($5,000.00) per annum, 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.
9.
No public official shall favorably
act on any matter that is so specifically designed so as to provide
a special monetary benefit to such public official or his 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 Subdivision,
"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 public 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.
10.
No public official shall use his
decision-making authority for the purpose of obtaining a financial
gain which materially enriches himself, his spouse or his dependent
children by acting or refraining from acting or by coercing or extorting
from another anything of actual pecuniary value.
11.
No public official shall participate
in any matter, directly or indirectly, in which he attempts to influence
the decision of the City, when he 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 the City for consideration, other
than compensation provided for the performance of his official duties,
in excess of five hundred dollars ($500.00) value per transaction
or five thousand dollars ($5,000.00) value per annum to him, to his
spouse, to a dependent child in his custody or to any business with
which he 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.
12.
No public official shall attempt,
for any compensation other than the compensation provided for the
performance of his official duties, to influence a decision of the
City.
13.
No public official shall perform any service for consideration, during one (1) year after termination of his office, by which performance he attempts to influence a decision of the City, 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 or conference thereon unless the performance of said service would otherwise be in violation of Subsection (14) of this Section.
14.
No public official shall perform
any service for any consideration for any person or business entity
after termination of his office in relation to any case, decision,
proceeding or application with respect to which he was directly concerned
or in which he personally participated during the period of his service
or employment.
15.
No public official shall use his
position as such to solicit an employee of the City to purchase goods
or services from any person or business entity, or to contribute his
time or money for any cause, charity or other activity, except as
part of a general solicitation to all employees of the City.
16.
No public official shall act or refrain
from acting in any capacity in which he is lawfully empowered to act
as such a public official 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 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.
B.
No business entity with which the Mayor
or any member of the Board of Aldermen is associated shall:
1.
Perform any service for the City
for any consideration in excess of five hundred dollars ($500.00)
per transaction or five thousand dollars ($5,000.00) per annum, unless
the transaction is made pursuant to an award on a contract let after
public notice and competitive bidding, provided that the bid or offer
accepted is the lowest received; or
2.
Sell, rent or lease any property
to the City where the consideration is in excess of five hundred dollars
($500.00) per transaction or five thousand dollars ($5,000.00) per
annum, unless the transaction is made pursuant to an award on a contract
let or a 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.
No member of the Board of Aldermen,
the Planning and Zoning Commission, the Board of Adjustment or the
Board of Appeals or the Mayor shall attempt to influence the decision
or participate, directly or indirectly, in the decision of the Board
of Aldermen or the Planning and Zoning Commission, the Board of Adjustment
or the Board of Appeals, in which he is a member when he knows the
result of such decision may be the adoption of a decision or recommendation
which may result in a direct financial gain or loss to him, to his
spouse or a dependent child in his custody or to any business with
which he is associated.
[Ord. No. 5314 § 2, 1-14-2010]
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 such official 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 journal
of proceedings of the Board of Aldermen and shall recuse himself from
participating in the proceedings on any matters related to such interest.
B.
The Mayor or any member of the Board of Aldermen shall be deemed to have complied with the requirements of this Section if such official has filed, at any time before the official 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 the official's substantial personal or private interest that such official may have therein. Any such person may amend the person's financial interest statement to disclose any subsequently acquired substantial interest at any time before the person passes on any measure, bill, order or ordinance and shall be relieved of the provisions of Subsection (A) of this Section.
[Ord. No. 5314 § 2, 1-14-2010]
A.
No provision of this Article shall be construed
to prohibit any person from performing any ministerial act or any
act required by order of a court or by law to be performed.
B.
No provision of this Article shall be construed
to prohibit any person from communicating with the office of the Attorney
General or any prosecuting attorney or any attorney for any political
subdivision concerning any prospective claim or complaint then under
consideration not otherwise prohibited by law.
C.
No provision of this Article shall be construed
to prohibit any person, firm or corporation from receiving compensation
for property taken by the State or any political subdivision thereof
under the power of eminent domain in accordance with the provisions
of the Constitution and the laws of the State.
[Ord. No. 5314 § 2, 1-14-2010]
Advisory opinions as to the conduct of public officials relating to the provisions of Section 125.190 may be requested from the Missouri Ethics Commission. Any complaint of a violation of Section 125.190 shall be filed with the Missouri Ethics Commission pursuant to Section 105.957, RSMo., and punishment for the violation thereof shall be assessed in accordance with Section 100.060 of the City Code.
