City of Normandy, MO
St. Louis County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[R.O. 2012 §125.010; Ord. No. 327 §1, 9-10-1991; Ord. No. 713, 8-1-2017]
As used in this Chapter, the following terms shall have the following meanings:
ADVERSARY PROCEEDING
Any proceedings 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 some other person authorized to keep such record by law or 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 may be granted, on request, a hearing de novo; or any arbitration proceeding; or a proceeding of a personnel review board; 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.
BUSINESS WITH WHICH ONE IS ASSOCIATED
1. 
Any sole proprietorship owned by oneself, one's spouse or any dependent children in one's custody;
2. 
Any partnership or joint venture in which one or one's spouse is a partner, other than as a limited partner of a limited partnership, and any corporation or limited partnership in which one is an officer or director or of which either one or one's spouse or dependent child in one'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
3. 
Any trust in which one is a trustee or settlor or in which one or one's spouse or dependent child whether singularly or collectively is a beneficiary or holder of a reversionary interest of ten percent (10%) of more of the corpus of the trust.
CITY
The City of Normandy, Missouri.
COMMISSION
The Missouri Ethics Commission established pursuant to State law.
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) through (8) 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. The following officials or entities shall be responsible for designating a decision-making public servant:
1. 
The governing body of the political subdivision with a general operating budget in excess of one million dollars ($1,000,000.00);
2. 
A department director;
3. 
A judge vested with judicial power by Article V of the Constitution of the State of Missouri;
4. 
Any commission empowered by interstate compact;
5. 
A Statewide elected official;
6. 
The speaker of the house of representatives;
7. 
The President Pro Tem of the Senate; or
8. 
The president or chancellor of a State institution of higher education.
DEPENDENT CHILD OR DEPENDENT CHILD IN ONE'S CUSTODY
All children, stepchildren, foster children and wards under the age of eighteen (18) residing in one's household and who receives in excess of fifty percent (50%) of their support from the individual.
SUBSTANTIAL INTEREST
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, 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.
[R.O. 2012 §125.020; Ord. No. 327 §2, 9-10-1991; Ord. No. 713, 8-1-2017]
A. 
No elected or appointed official or employee of the City shall:
1. 
Act or refrain from acting in any capacity in which one is lawfully empowered to act as an official or employee by reason of any payment, offer or pay, promise to pay, or receipt of anything of actual pecuniary value paid or payable, or received or receivable, to oneself or any third (3rd) 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;
2. 
Use confidential information obtained in the course of or by reason of one's employment or official capacity in any manner with intent to result in financial gain for oneself, one's spouse, dependent child in one's custody, or any business with which one is associated;
3. 
Disclose confidential information obtained in the course of or by reason of one's employment or official capacity in any manner with intent to result in financial gain for oneself 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 employee or official or the employee's or official's spouse or dependent children, including but not limited to increases in retirement benefits, whether received from the City or any third (3rd) party by reason of such act. For the purposes of this Section, "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 or employees must recuse themselves from acting and shall not be relieved by reason of the provisions of Section 125.090 below, except that such official or employee may act on increases in compensation subject to the restrictions of the Missouri Constitution; or
5. 
Use one's decision-making authority for the purpose of obtaining a financial gain which materially enriches oneself, one's spouse or dependent children by acting or refraining from acting for the purpose of coercing or extorting from another anything of actual pecuniary benefit.
B. 
No elected or appointed official or employee of any political subdivision shall offer, promote, or advocate for a political appointment in exchange for anything of value to any political subdivision.
[R.O. 2012 §125.030; Ord. No. 327 §3, 9-10-1991; Ord. No. 713, 8-1-2017]
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, or for the City in which he or she is an officer or employee or over which he or she has supervisory power for receipt or payment of any compensation, other than of the compensation provided for the performance of his or her 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;
2. 
Sell, rent or lease any property to any agency of the City, or to any City in which he or she is an officer or employee or over which he or she has supervisory power 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;
3. 
Participate in any matter, directly or indirectly, in which he or she attempts to influence any decision of any agency of the City, or any City in which he or she is an officer or employee or over which he or she has supervisory power, when he or 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 transaction or five thousand dollars' ($5,000.00) value per annum to him or her, to his or her spouse, to a dependent child in his or her custody or to any business with which he or 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 or her office or employment for any consideration from any person, firm or corporation, other than the compensation provided for the performance of his or her official duties, by which service he or she attempts to influence a decision of any agency of the State, or of any political subdivision in which he or she is an officer or employee or over which he or she has supervisory power;
5. 
Perform any service for consideration, during one (1) year after termination of his or her office or employment, by which performance he or she attempts to influence a decision of any agency of the City, or a decision of the City in which he or she was an officer or employee or over which he or 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 or to prohibit an employee of the executive department from being employed by any other department, division or agency of the executive branch of State Government. For purposes of this Subparagraph, within ninety (90) days after assuming office, the Governor shall by executive order designate those members of his or her staff who have supervisory authority over each department, division or agency of State Government for purposes of application of this Subparagraph. The executive order shall be amended within ninety (90) days of any change in the supervisory assignments of the Governor's staff. The Governor shall designate not less than three (3) staff members pursuant to this Subparagraph;
6. 
Perform any service for any consideration for any person, firm or corporation after termination of the officer's term or the employee's employment in relation to any case, decision, proceeding or application with respect to which the officer or employee was directly concerned or in which the officer or employee personally participated during the period of his or her service or employment.
[R.O. 2012 §125.040; Ord. No. 327 §4, 9-10-1991; Ord. No. 713, 8-1-2017]
A. 
No member of the City Council shall:
1. 
Perform any service for the City or any agency thereof for any consideration other than the compensation provided for the performance of one's official duties; or
2. 
Sell, rent or lease any property to the City or any agency of the City for consideration in excess of five hundred dollars ($500.00) per transaction or five thousand dollars ($5,000.00) per annum, or in the case of a school board 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; or
3. 
Attempt, for any compensation other than the compensation provided for the performance of one's official duties, to influence the decision of any agency of the City on any matter; except that this provision shall not be construed to prohibit such person from participating for compensation in any adversary proceeding or in the preparation or filing of any public document or conference thereon; or
B. 
No sole proprietorship, partnership, joint venture, or corporation in which any member of the City Council is a sole proprietor, a partner having more than ten percent (10%) partnership interest, or a coparticipant or owner of in excess of ten percent (10%) of the outstanding shares in any class of stock, shall:
1. 
Perform any service for the City or any agency of the City for any consideration in excess of five hundred dollars ($500.00) per transaction or five thousand dollars ($5,000.00) per annum, or in the case of a school board 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;
2. 
Sell, rent or lease any property to the City or any agency of 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, or in the case of a school board 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.
[R.O. 2012 §125.050; Ord. No. 327 §5, 9-10-1991; Ord. No. 713, 8-1-2017]
A. 
Any member of the City Council who has a substantial personal or private interest in any measure, bill, order or ordinance proposed or pending before the City Council, shall, before passing 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 minutes of the meeting.
B. 
Any member of the City Council shall be deemed to have complied with the requirements of this Section if he or she has filed, at any time before passing on such measure, bill, order or ordinance, a financial interest statement pursuant to Section 125.090 below, which discloses the basis for his or her substantial personal or private interest or interests that he or she may have therein. Any member may amend his or her financial interest statement to disclose any subsequently acquired substantial interest at any time before he or she passes on any measure, bill, order or ordinance, and shall be relieved of the provisions of Subsection (A) of this Section.
[R.O. 2012 §125.060; Ord. No. 327 §6, 9-10-1991; Ord. No. 713, 8-1-2017]
A. 
No member of any agency of the City who is empowered to adopt a rule or regulation, other than rules and regulations governing the internal affairs of the agency, 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:
1. 
Attempt to influence the decision or participate, directly or indirectly, in the decision of the agency of which he or she is a member when he or she knows the result of such decision may be the adoption of rates or zoning plans by the agency which may result in a direct financial gain or loss to such member, the member's spouse or a dependent child in the member's custody or to any business with which the member is associated; or
2. 
Perform any service, during the member's term, for any person, firm or corporation for compensation other than the compensation provided for the performance of the member's official duties, if by the performance of the service the member attempts to influence the decision of the agency of which he or she is a member; or
3. 
Perform for one (1) year after termination of the member's term any service for compensation for any person, firm or corporation to influence the decision or action of the agency with which he or she served as a member; provided, however, that he or she may, after termination of his or her office or employment, perform such service for consideration in any adversary proceeding or in the preparation or filing of any public document or conference thereon unless he or she participated directly in that matter or in the receipt or analysis of that document while serving as a member.
B. 
No such member or any business with which such member is associated shall knowingly perform any service for, or sell, rent or lease any property to any person, firm or corporation which has participated in any proceeding in which the member adopted, participated in the adoption or voted on the adoption of any rate or zoning plan or the granting or revocation of any license during the preceding year and received therefor in excess of five hundred dollars ($500.00) per transaction or one thousand five hundred dollars ($1,500.00) per annum except on transactions pursuant to an award on contract let or of 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.
[Ord. No. 713, 8-1-2017]
A. 
No person serving in a judicial or quasi-judicial capacity shall participate in such capacity in any proceeding in which the person knows that a party is any of the following: the person or the person's great-grandparent, grandparent, parent, stepparent, guardian, foster parent, spouse, former spouse, child, stepchild, foster child, ward, niece, nephew, brother, sister, uncle, aunt, or cousin.
B. 
No provision in the Section shall be construed to prohibit him or her from entering an order disqualifying himself or herself or transferring the matter to another court, body, or person for further proceedings.
[R.O. 2012 §125.080; Ord. No. 327 §8, 9-10-1991; Ord. No. 713, 8-1-2017]
A. 
No provision of this Chapter shall be construed to prohibit any person from performing any ministerial act or any act required by order of a court or law to be performed.
B. 
No provision of this Chapter shall be construed to prohibit any person from communicating with the office of the Attorney General or any prosecuting attorney or any attorney for the City concerning any prospective claim or complaint then under consideration not otherwise prohibited by law.
C. 
No provision of this Chapter shall be construed to prohibit any person, firm or corporation from receiving compensation for property taken by the City under the power of eminent domain in accord with the provisions of the Missouri Constitution, the laws of the State of Missouri or the ordinances of the City.
[R.O. 2012 §125.090; Ord. No. 327 §9, 9-10-1991; Ord. No. 713, 8-1-2017]
A. 
Definitions. For purposes of this Section, the following terms shall have the following meanings:
CHIEF ADMINISTRATIVE OFFICER AND CHIEF PURCHASING OFFICER
The Mayor of the City of Normandy; or the City Clerk as one (1) or both officer(s).
ELECTED OFFICIAL
Each person elected to a City office by the voters of the City for a portion thereof.
FULL-TIME GENERAL COUNSEL
The City Attorney, but only if employed by the City under such terms that he or she is precluded from providing legal services to any person or entity other than the City.
OFFICIALS OR EMPLOYEES AUTHORIZED TO PROMULGATE OR VOTE ON RULES AND REGULATIONS WITH THE FORCE OF LAW
The members of the City Council and such other board, agency or commission members designated from time to time by the City Council as having been specifically delegated such authority.
B. 
Disclosure Statements. Each elected official, the Chief Administrative Officer of the City, the Chief Purchasing Officer of the City and Officials or employees authorized to promulgate or vote on rules and regulations with the force of law shall disclose, in writing, the following information by May first (1st) of each year if any such transactions occurred 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 City, other than compensation received as an employee of the City or payment of any tax, fee or penalty due to the City, and other than transfers for no consideration to the City.
2. 
The date and identities of the parties to each transaction known to any such 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 City, other than the payment of any tax, fee or penalty due to the City or transactions involving payment for providing utility service to the City, and other than transfers for no consideration to the City.
C. 
Financial Interest Statements. By May first (1st) of each year the following information for the previous year must be disclosed, in writing, by the Chief Administrative Officer and the Chief Purchasing Officer. In addition, any other elected or appointed official of the City may file a financial interest statement in lieu of compliance with the requirements of Section 125.050 above.
1. 
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;
2. 
The name and address of each sole proprietorship owned by such person;
3. 
The name, address and general nature of business conducted by each general partnership and joint venture in which such person was a partner or participant;
4. 
The name and address of each partner or coparticipant for each partnership or joint venture identified according to the preceding Subsection, unless such names and addresses are filed by the partnership or joint venture with the Missouri Secretary of State;
5. 
The name, address and general nature of the business conducted by any closely held corporation or limited partnership in which such person owned ten percent (10%) or more of any class of the outstanding stock or limited partnership units;
6. 
The name of any publicly traded corporation or limited partnership that is listed on any publicly regulated stock exchange or automated quotation system in which such person owned two percent (2%) of more of any class of outstanding stock, limited partnership units or other equity interests; and
7. 
The name and address of each corporation for which such person served in the capacity of a director, officer or receiver.
D. 
Financial interest statements shall be filed at the following times, but no person shall be required to file more than one (1) financial interest statement in any calendar year:
1. 
Each candidate for elective office, except those candidates for County committee of a political party pursuant to Section 115.609, RSMo., or Section 115.611, RSMo., 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's nomination by caucus. An individual required to file a financial interest statement because of the individual's candidacy for office prior to a primary election in accordance with Section 105.487, RSMo., is also required to amend such statement no later than the close of business on Monday prior to the general election to reflect any changes in financial interest during the interim. The appropriate election authority shall provide to the candidate at the time of filing for election written notice of the candidate's obligation to file pursuant to Sections 105.483 to 105.492, RSMo., and the candidate shall sign a statement acknowledging receipt of such notice.
2. 
Each person appointed to an office for which a financial interest statement is required by this Section shall file the statement within thirty (30) days of such appointment or employment.
3. 
Financial interest statements shall be filed with the City Clerk and with the Missouri Ethics Commission. All reports shall be available for public inspection and copying during normal business hours of the City Hall.