[R.O. 2012 §125.010; Ord. No. 327 §1, 9-10-1991; Ord. No. 713, 8-1-2017; Ord. No. 733, 7-2-2019]
As used in this Chapter, the following terms shall have the
following meanings:
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.
A corporation, association, firm, partnership, proprietorship
or business entity of any kind or character.
Any sole proprietorship owned by oneself, one's spouse or any
dependent children in one's custody;
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
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.
The City of Normandy, Missouri.
The Missouri Ethics Commission established pursuant to State
law.
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.
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:
The governing body of the political subdivision with a general
operating budget in excess of one million dollars ($1,000,000.00);
A department director;
A judge vested with judicial power by Article V of the Constitution
of the State of Missouri;
Any commission empowered by interstate compact;
A Statewide elected official;
The speaker of the house of representatives;
The President Pro Tem of the Senate; or
The president or chancellor of a State institution of higher
education.
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.
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.
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; Ord. No. 733, 7-2-2019]
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; Ord. No. 733, 7-2-2019]
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; Ord. No. 733, 7-2-2019]
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; Ord. No. 733, 7-2-2019]
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; Ord. No. 733, 7-2-2019]
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; Ord. No. 733, 7-2-2019]
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; Ord. No. 733, 7-2-2019]
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; Ord. No. 733, 7-2-2019; Ord. No. 745, 9-7-2021]
A.
Declaration Of Policy. The proper operation of 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 political subdivision.
B.
Conflicts Of Interest.
1.
All elected and appointed officials as well as employees of a political subdivision must comply with conflict of interest statutes under Chapter 105 of the Missouri Revised Statutes as well as any other State law governing official conduct.
2.
Any member of the Governing Body of a political subdivision
who has a "substantial personal or private interest" in any measure,
bill, order or ordinance proposed or pending before such Governing
Body must disclose that interest to the Secretary or Clerk of such
body and such disclosure shall be recorded in the appropriate journal
of the Governing Body. Substantial personal or private interest is
defined as ownership by the individual, his/her spouse, or his/her
dependent children, whether singularly or collectively, directly or
indirectly of: (1) ten percent (10%) or more of any business entity;
or (2) an interest having a value of ten thousand dollars ($10,000.00)
or more; or (3) the receipt 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.
C.
Disclosure Reports. Each elected official, candidate for elective
office, the chief administrative officer, the chief purchasing officer,
and the full-time general counsel shall disclose the following information
by May 1, or the appropriate deadline as referenced in Section 105.487,
RSMo., if any such transactions occurred 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 than transfers for no consideration to the
political subdivision.
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 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.
The chief administrative officer, chief purchasing officer,
and candidates for either of these positions also shall disclose by
May 1, or the appropriate deadline as referenced in Section 105.487,
RSMo., the following information for the previous calendar year;
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 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 or 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.
D.
Filing Of Reports.
1.
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.
Every person required to file a financial interest statement
shall 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 (council/board) 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.
b.
Each person appointed to office shall file the statement within
thirty (30) days of such appointment or employment covering the calendar
year ending the previous December 31;
c.
Every candidate required to file a personal financial disclosure
statement shall file no later than fourteen (14) days after the close
of filing at which the candidate seeks nomination or election or nomination
by caucus. The time period of this statement shall cover the twelve
(12) months prior to the closing date of filing for candidacy.
E.
Filing Of Ordinance. A certified copy of this Section shall be sent
within ten (10) days of its adoption to the Missouri Ethics Commission.
F.
Effective Date. This Section shall be in full force and effect from
and after the date of its passage and approval and shall remain in
effect for two (2) years from the date of passage.
