Editor's Note — Ord. no. 3679 §1, adopted June 5,
2006, superseded ch. 125 "conflicts of interest" and enacted new provisions
set out herein. Former ch. 125 derived from CC 1961 §§4.21(A
— E); ord. no. 3174 §1, 9-3-91; ord. no. 3258 §1,
9-7-93; ord. no. 3349 §1, 9-18-95; ord. no. 3364 §1, 2-21-96;
ord. no. 3421 §1(a — e), 9-5-97; ord. no. 3537 §1,
9-17-01; ord. no. 3600 §1, 10-6-03; ord. no. 3628 §1, 9-20-04;
ord. no. 3663 §1, 8-15-05.
[Ord. No. 3679 §1, 6-5-2006]
A.Â
It
is the policy of the City of Berkeley that the proper operation of
democratic government requires that City Officials and employees be
independent, impartial and responsible to the people; that governmental
decisions and policy be made in 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
the recognition of these goals, a code of ethics for all City Officials
and employees is adopted.
B.Â
This
code has four (4) purposes:
1.Â
To encourage high ethical standards in official conduct by City Officials
and employees;
2.Â
To establish guidelines for ethical standards of conduct for all
such officials and employees by setting forth those acts or actions
that are incompatible with the best interests of the City;
3.Â
To require disclosure by such officials and employees of private
financial or other interests in matters affecting the City; and
4.Â
To serve as a basis for disciplining those who fail to abide by its
terms.
[Ord. No. 3679 §1, 6-5-2006]
As used in this Chapter, the following terms shall have these
prescribed meanings:
A person appears before the City Council when such person
publicly states his name and address, signs a sheet provided at the
podium for that purpose and addresses the Council.
Any activity involving the exchange of economic benefits.
Any corporation, partnership, sole proprietorship, firm,
enterprise, franchise, association, organization, self-employed individual,
holding company, joint stock company, receivership, trust or any legal
entity organized for profit.
The Mayor, every member of the City Council, the City Manager,
the City Attorney, the City Clerk, the Director of Personnel, the
Director of Public Works, the Director of Finance and persons acting
in the capacity of the aforementioned officers or employees.
Any economic benefit received in return for labor, services,
property or investment.
Any money, real or personal property, purchase, sale, lease,
contract, option, credit, loan, discount, service or other tangible
or intangible thing of value, whether similar or dissimilar to those
enumerated.
Any person employed by the City, whether under civil service
regulations or not, including those individuals on a part-time basis,
including independent contractors hired by the City.
The spouse and any dependent minor children of a City Official
or employee.
A favor, hospitality or economic benefit other than compensation
but which does not include campaign contributions reported as required
by State law, gifts received from a relative if given on account of
kinship or any value received by will, intestate succession or as
a distribution from and inter vivos or testamentary trust established
by a spouse or ancestor.
For a natural person, the person's name, street address,
City and State; for any entity other than a natural person, the name,
address, City and State of the entity's principal location or place
of business, the type of nature of the entity, the date of which it
came into existence, the State of incorporation, if any, the names
of the partners or trustees, if any.
Economic benefit received.
A person acts intentionally or with intent with respect to
the nature of his conduct or to a result of his conduct when it is
his conscious objective or desire to engage in the conduct or cause
the result.
A person acts knowingly or with knowledge with respect to
the nature of his conduct or to circumstances surrounding his conduct
when he is aware of the nature of his conduct or that the circumstances
exist. A person acts knowingly or with knowledge with respect to a
result of his conduct when he is aware that his conduct is reasonable
certain to cause the result.
Any business entity, employment, investment or activity which
earned or produced income, including interest, dividends, royalties
or rents, which has been paid to or for the credit of a City Official,
candidate or family members or which would be taxable to said City
Official, candidate or family member under the United States Internal
Revenue Code, as amended, even though not actually paid or credited.
A person has a "substantial economic interest" in real property
or a business entity if he and/or a family member own any interest
of the fair market value of the real property or business entity.
[Ord. No. 3679 §1, 6-5-2006]
A.Â
Gifts. No City Official or employee shall intentionally
or knowingly solicit or accept any contribution, gift or economic
benefit with actual or constructive knowledge that same is:
B.Â
General Provisions.
1.Â
No City Official or employee shall intentionally or knowingly disclose
any confidential information gained by reason of said official or
employee's position concerning the property, operation, policies or
affairs of the City or use such confidential information for the pecuniary
gain of said official, employee or others.
2.Â
No City Official or employee shall intentionally or knowingly appear
before the body of which the official is a member while representing
himself or any other person, group, association, interest or business
entity.
3.Â
No City Official shall intentionally or knowingly appear before the
body of which the official is a member while representing himself
or any other person, group, association, interest or business entity.
4.Â
No City Official or employee shall intentionally or knowingly represent
directly or indirectly any private person, group or interest other
than himself or a family member before any department, agency, commission
or board of the City for pay or profit.
5.Â
No City Official or employee shall vote on or participate in any
decision making process if the official or employee has a direct financial
interest in the outcome of the matter under consideration. No City
Official or employee shall vote on or participate in any decision
making process on any matter concerning real property or a business
entity if the official or employee has an interest in the business
entity or real property.
6.Â
No City Official or employee shall intentionally or knowingly accept
other employment or engage in outside activities incompatible with
the full and proper discharge of official duties and responsibilities
or which would tend to impair independent judgment in the performance
of said official duties.
7.Â
None of the foregoing shall be construed to prohibit a City Official
or employee from representing his interest in his owner-occupied homestead
before the Council, board, commission or any department except for
the body of which the official is a member or the department by which
the employee is employed.
8.Â
In any action proceeding in the Municipal Court of the City that
was instituted by a City Official or employee in the course of official
duties, no City Official shall knowingly represent anyone other than
himself or a family member. If a Council member elects to have a trial
in Municipal Court, the City Council, without the participation of
the affected Council member, shall appoint a special judge to preside
over the trial.
[Ord. No. 3679 §1, 6-5-2006]
A.Â
If
any City Official has an interest in any real property or business
entity involved in any decision pending before the body of which the
official is a member, the official shall not vote or otherwise participate
in the consideration of the matter.
B.Â
If
any employee has an interest in any real property or business entity
involved in any decision pending before the department by which the
employee is employed, the employee shall not participate in the consideration
of the matter.
C.Â
In
the case of a City Official, the official shall publicly disclose,
verbally or in writing, the nature and extent of such interest to
the body on which the official serves prior to any discussion or determination
of the matter to be considered or immediately upon discovery of the
conflict of interest.
D.Â
In
the case of an employee, the employee shall disclose such information
in writing to the employee's supervisor and to the City Clerk prior
to any consideration of the matter. The City Clerk shall keep a file
of employee statements of disclosure and said file shall be a public
record of the City.
[Ord. No. 3679 §1, 6-5-2006]
A.Â
No
later than June thirtieth (30th) of each year, each City Official
shall file a sworn financial disclosure statement with the City Clerk
reflecting the financial situation of the City Official as of the
date of filing said disclosure and any interest in the preceding twelve
(12) months.
B.Â
A newly
employed or appointed City Official shall file a sworn financial disclosure
statement with the City Clerk within thirty (30) days from the date
the position with the City is assumed. Said statement shall reflect
the financial situation as of date of employment or appointment and
for the situation as of the date of employment or appointment and
for the previous twelve (12) months.
C.Â
Each
person required to file a financial disclosure statement shall do
so on a form supplied by the City which shall include the following
information:
1.Â
The person's name, residence address, business address, telephone
number, name of all family members and all names under which the person
or family member does business.
2.Â
Identification by street address and legal description of all real
property located within the City in which the person has an interest.
3.Â
Identification of each business entity owning property or doing business
within the City in which the person has an interest.
4.Â
Identification of any business interest in any company established
under the laws of Missouri.
5.Â
Identification of the donor of each gift of more than fifty dollars
($50.00) in value received by the person or family member, including
the value of the gift, where such donor has appeared before and requested
action of the City Council during the reporting period.
D.Â
The
City Clerk shall maintain all financial disclosure statements required
to be filed herein as public records and shall retain them for a period
of three (3) years after which the statements shall be returned to
the person filing them or shall be destroyed.
E.Â
A City
Official, member of a City board and employees shall disclose in writing
all individuals or business entities that:
F.Â
Such immediate identification shall also be required of all individuals who have ownership interests in a business entity as described in Subsection (E)(1) above and who appear and request some action on the part of the City Council, even though the action does not concern such business entity. Such identification shall be made prior to any decision or determination of the matter or immediately upon discovery of such business dealings.
G.Â
Within
thirty (30) days of being appointed to the Planning and Zoning Commission
and on each anniversary of that date, each member of such Commission
shall file with the City Clerk a sworn statement identifying by street
address and legal description, all real property located within the
City in which the member has a substantial interest.
[Ord. No. 3930 §1, 8-16-2010; Ord. No. 4003 §1, 8-22-2011; Ord. No. 4105 §1, 8-19-2013; Ord.
No. 4159 §1, 9-8-2014; Ord. No. 4306 §1, 6-20-2016; Ord.
No. 4475, 6-18-2018; Ord. No. 4618, 7-20-2020; Ord. No. 4729, 10-3-2022]
A.Â
Declaration Of Policy. 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.
B.Â
Conflicts Of Interest. The Mayor or any member of the City Council,
who has a substantial personal or private interest, as defined by
State law, in any bill shall disclose on the records of the City Council
the nature of his/her interests and shall disqualify himself/herself
from voting on any matters relating to this interest.
C.Â
Disclosure Reports. Each elected official, the City Manager, the
Finance Director, the Chief Purchasing Officer, and the City Attorney
shall disclose the following information by May 1 of each year if
any such transactions were engaged in during the previous calendar
year:
1.Â
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.Â
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.Â
The City Manager, Finance Director, and the Chief Purchasing
Officer also shall disclose by May 1 of each year, for the previous
calendar year the following information:
a.Â
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.Â
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
Missouri Ethics Commission; 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.Â
The name and address of each corporation for which such person
served in the capacity of a director, officer, or receiver.
D.Â
Filing Of Reports. The personal financial disclosure statements shall
be filed with the City Clerk and with the Missouri Ethics Commission
prior to May 1 of each year. The reports shall be available for public
inspection and copying during normal business hours.
E.Â
When Filed. 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.Â
Each person appointed to office shall file the statement within
thirty (30) days of such appointment or employment;
2.Â
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 the immediately
preceding December 31; provided that any member of the City Council
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.
