[R.O. 1992 § 122.010; RSMo. § 105.450]
As used in this Article, unless the context clearly requires
otherwise, the following terms mean:
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 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 must be granted,
on request, a hearing de novo; or any arbitration proceeding; or a
proceeding of a personnel review board of a political subdivision;
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 himself/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
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 or more of the corpus of the trust.
The Missouri Ethics Commission established in Section 105.955,
RSMo.
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 Subsections (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;
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 the person’s household
and who receive in excess of fifty percent (50%) of their support
from the person.
A person who is paid for profit to promote the election of
a certain candidate or the interest of a committee, as defined in
Section 130.011, RSMo., including, but not limited to, planning campaign
strategies; coordinating campaign staff; organizing meetings and public
events to publicize the candidate or cause; public opinion polling;
providing research on issues or opposition background; coordinating
or purchasing print or broadcast media; direct mail production; phone
solicitation; fund raising; and any other political activities. The
term “paid political consultant” shall not include vendors
who provide tangible goods that do not promote the election of a candidate
or the interest of a committee in the ordinary course of the vendor's
business.
Shall include any political subdivision of the State, and
any special district or subdistrict.
A State tax return or a document or other record maintained
for public inspection without limitation on the right of access to
it and a document filed in a juvenile court proceeding.
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. 1992 § 122.020; RSMo. § 105.452]
A.
No elected or appointed official or employee of the City shall:
1.
Act or refrain from acting in any capacity in which he/she is
lawfully empowered to act as such an official or employee 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/herself 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; or
2.
Use confidential information obtained in the course of or by
reason of his/her employment or official capacity in any manner with
intent to result in financial gain for himself/herself, his/her spouse,
his/her dependent child in his/her custody, or any business with which
he/she is associated;
3.
Disclose confidential information obtained in the course of
or by reason of his/her employment or official capacity in any manner
with intent to result in financial gain for himself/herself 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 official or his/her
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 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; or
5.
Use his/her decision-making authority for the purpose of obtaining
a financial gain which materially enriches himself/herself, his/her
spouse or dependent children by acting or refraining from acting for
the purpose of coercing or extorting from another anything of actual
pecuniary value.
[R.O. 1992 § 122.030; RSMo. § 105.454]
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 over which he/she
has supervisory power for receipt or payment of any compensation,
other than of the compensation provided for the performance of his/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 over
which he/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/she attempts to influence any decision of any agency of the City
over which he/she has supervisory power, when he/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/her,
to his/her spouse, to a dependent child in his/her custody or to any
business with which he/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/her office or employment
for any consideration from any person, firm or corporation, other
than the compensation provided for the performance of his/her official
duties, by which service he/she attempts to influence a decision of
any agency of the City over which he/she has supervisory power.
5.
Perform any service for consideration, during one (1) year after
termination of his/her office or employment, by which performance
he/she attempts to influence a decision of any agency of the City
over which he/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.
6.
Perform any service for any consideration for any person, firm
or corporation after termination of his/her office or employment in
relation to any case, decision, proceeding or application with respect
to which he/she was directly concerned or in which he/she personally
participated during the period of his/her service or employment.
[R.O. 1992 § 122.040]
A.
Contributions as defined in Section 130.011, RSMo., received by any
candidate, former candidate or holder of elective office shall not
be converted to any personal use, except to:
1.
Defray reasonable costs of personal services performed for the
campaign except by the candidate.
2.
Defray any ordinary and necessary expenses incurred in connection
with his/her duties as a holder of elective office.
3.
Defray any expenses associated with the duties of a candidacy
or of elective office pertaining to the entertaining of or providing
social courtesies to constituents, professional associations, or other
holders of elective office.
4.
Return any contribution to the person who made the contribution
to the candidate or holder of elective office.
5.
Make an unconditional gift which is fully vested to any political
organization or candidate committee, or any charitable, fraternal
or civic organizations or other associations formed to provide for
some good in the order of benevolence, provided that such candidate,
former candidate or holder of elective office has no interest, office
or position of employment in such organization.
B.
Upon the death of the candidate, former candidate or holder of elective
office who received such contributions, all contributions must be
disposed of according to this Section and any funds remaining after
final settlement of the candidate's decedent's estate, or if no estate
is opened, then twenty-four (24) months after the candidate's death,
will escheat to the State of Missouri.
[R.O. 1992 § 122.050; RSMo. § 105.461]
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 he/she
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 appropriate journal or other record of proceedings
of the Board of Aldermen.
B.
The Mayor or any member of the Board of Aldermen shall be deemed to have complied with the requirements of this Section if he/she has filed, at any time before he/she 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 his/her substantial personal or private interest or interests that he/she may have therein. Any such person may amend his/her financial interest statement to disclose any subsequently acquired substantial interest at any time before he/she passes on any measure, bill, order or ordinance, and shall be relieved of the provisions of Subsection (A) of this Section.
[R.O. 1992 § 122.060; RSMo. § 105.467]
A.
Prohibited Discharge And Discrimination.
1.
The Board of Aldermen or appointing authority shall not discharge,
threaten, or otherwise discriminate against a person regarding compensation,
terms, conditions, location, or privileges of employment because:
2.
This Subsection shall not apply to a person acting on behalf
of a person who knowingly or recklessly makes a false report.
B.
A person who alleges a violation of Subsection (A) of this Section may bring a civil action for appropriate injunctive relief, or actual damages, or both.
C.
A court, in rendering a judgment in an action brought pursuant to
this Section, shall order, as the court considers appropriate, reinstatement,
of the person, the payment of back wages, full reinstatement of fringe
benefits and seniority rights, actual damages, or any combination
of these remedies. A court may also award such person all or a portion
of the costs of litigation, including reasonable attorney's fees and
witness fees, if the court determines that the award is appropriate.
[R.O. 1992 § 122.070; CC 1984 § 25.060]
Any person who violates the provisions of this Article shall upon conviction thereof, be punished as provided in Section 100.220 of this Code.
[As provided in Section 105.450 et seq., RSMo., the City's
Conflicts of Interest legislation is required to be reenacted every
two (2) years. The current provisions are on file in the office of
the City Clerk.]
