[Ord. No. 3013-18, 8-21-2018; Ord. No. 3045-19, 9-17-2019; Ord. No. 3068-20, 8-18-2020; Ord. No. 3153-22, 8-16-2022]
It is the policy of the City of Smithville, Missouri, to uphold, promote and demand ethical conduct from its elected and appointed public officials (hereinafter "public officials"). The citizens and businesses of the City are entitled to have fair, ethical and accountable local government. The City recognizes the importance of codifying and making known to the general public the ethical principles that guide the work of public officials. Public officials of the City are to maintain the highest standards of personal integrity, truthfulness and fairness in carrying out their public duties. In order to fulfill this mission, the City hereby adopts a code of ethics for public officials to assure public confidence in the integrity of local government and its effective and fair operation. Unless specifically defined otherwise, the terms used in Chapter 135 shall be defined as set forth in Section 105.450 et seq.; RSMo., as now adopted or hereinafter amended.
[Ord. No. 3013-18, 8-21-2018; Ord. No. 3045-19, 9-17-2019; Ord. No. 3068-20, 8-18-2020; Ord. No. 3153-22, 8-16-2022]
Stewardship of the public interest shall be the public official's
primary concern, working for the common good of the citizens of the
City and avoiding actions that are inconsistent with the best interests
of the City. All persons, claims and transactions coming before the
Board of Aldermen or any City board, commission or committee shall
be assured of fair and equal treatment.
[Ord. No. 3013-18, 8-21-2018; Ord. No. 3045-19, 9-17-2019; Ord. No. 3068-20, 8-18-2020; Ord. No. 3153-22, 8-16-2022]
Public officials are agents of public purpose and hold office
for the benefit of the public. They are bound to uphold the laws of
the nation, State and the City and to carry out impartially these
laws in the performance of their public duties to foster respect for
all government. These laws, include, but are not limited to, the United
States and Missouri Constitutions, the laws of the State of Missouri
and City ordinances.
[Ord. No. 3013-18, 8-21-2018; Ord. No. 3045-19, 9-17-2019; Ord. No. 3068-20, 8-18-2020; Ord. No. 3153-22, 8-16-2022]
The professional and personal conduct of public officials shall
be above reproach and shall avoid even the appearance of impropriety.
Public officials shall refrain from abusive conduct, personal charges
or verbal attacks upon the character or motives of the Mayor, other
members of the Board of Aldermen, boards, commissions, committees,
City staff and the public.
[Ord. No. 3013-18, 8-21-2018; Ord. No. 3045-19, 9-17-2019; Ord. No. 3068-20, 8-18-2020; Ord. No. 3153-22, 8-16-2022]
Public officials shall perform their duties in accordance with
the processes and rules of order as established by the Board of Aldermen,
boards, commissions and committees governing the deliberation of public
policy issues, meaningful involvement of the public and implementation
of policy decisions of the Board of Aldermen by City staff.
[Ord. No. 3013-18, 8-21-2018; Ord. No. 3045-19, 9-17-2019; Ord. No. 3068-20, 8-18-2020; Ord. No. 3153-22, 8-16-2022]
Public officials shall prepare themselves for the public issues,
listening courteously and attentively to all public discussion before
the body and focus on the business at hand. Public officials shall
refrain from interrupting other speakers, making personal comments
not relevant to the business of the body or otherwise interfering
with the orderly conduct of meetings.
[Ord. No. 3013-18, 8-21-2018; Ord. No. 3045-19, 9-17-2019; Ord. No. 3068-20, 8-18-2020; Ord. No. 3153-22, 8-16-2022]
Public officials shall base their decisions on the merits and
the substance at hand.
[Ord. No. 3013-18, 8-21-2018; Ord. No. 3045-19, 9-17-2019; Ord. No. 3068-20, 8-18-2020; Ord. No. 3153-22, 8-16-2022]
Unless otherwise prohibited by law, privilege or the rules of
evidence, public officials shall publicly share with the Board of
Aldermen or any boards, commissions and/or committees of the City
any substantive information that is relevant to a matter under consideration
by said entity of which they have knowledge from any source.
[Ord. No. 3013-18, 8-21-2018; Ord. No. 3045-19, 9-17-2019; Ord. No. 3068-20, 8-18-2020; Ord. No. 3153-22, 8-16-2022]
A.
In order to assure independence and impartiality on behalf of the
common good, public officials shall not use their official positions
to influence government decisions in which they have a substantial
interest or personal relationship, or which may reasonably give rise
to the appearance of a conflict of interest or impropriety.
B.
The Mayor or any member of the Board of Aldermen who has a substantial
interest in any bill shall disclose on the records of the Board of
Aldermen the nature of his or her interest and shall disqualify himself
or herself from participation in deliberation or voting on any matters
relating to this interest.
C.
Public officials should avoid action, whether or not specifically
prohibited, which might reasonably result in or create the appearance
of using their public office for private gain.
[Ord. No. 3013-18, 8-21-2018; Ord. No. 3045-19, 9-17-2019; Ord. No. 3068-20, 8-18-2020; Ord. No. 3153-22, 8-16-2022]
Public officials shall comply with the requirements of Chapter
105, RSMo., relating to the acceptance and reporting of gifts, gratuities
and favors.
[Ord. No. 3013-18, 8-21-2018; Ord. No. 3045-19, 9-17-2019; Ord. No. 3068-20, 8-18-2020; Ord. No. 3153-22, 8-16-2022]
Unless approved by the Board of Aldermen, no elected or appointed
public official shall disclose or make public any information which
is otherwise closed to the public pursuant to Section 610.021, RSMo.,
or otherwise protected from disclosure by Missouri or Federal law.
No public official shall use or provide information obtained as a
result of his or her position for the benefit of the public official
or the recipient in an advantageous position over the general public.
[Ord. No. 3013-18, 8-21-2018; Ord. No. 3045-19, 9-17-2019; Ord. No. 3068-20, 8-18-2020; Ord. No. 3153-22, 8-16-2022]
A.
Unless specifically permitted by City policy, the use of City facilities,
equipment, vehicles, supplies, on-duty personnel or other goods or
services is limited to City business. Public resources may not be
used for private gain or personal purposes except on the same basis
that they are otherwise normally available to the public. Normal rental
or usage fees may not be waived except in accordance with City policy.
B.
A public official shall not utilize the City's name, letterhead,
logo or seal for the purpose of endorsing any political candidate,
business, commercial product or service.
[Ord. No. 3013-18, 8-21-2018; Ord. No. 3045-19, 9-17-2019; Ord. No. 3068-20, 8-18-2020; Ord. No. 3153-22, 8-16-2022]
As non-partisan stewards of the public interest, the Mayor and
members of the Board of Aldermen shall not appear on behalf of the
private interests of third parties before the Board of Aldermen or
any other board, commission, committee or proceeding in the City.
Public officials of boards, commissions and committees shall not appear
before their own bodies or before the Board of Aldermen on behalf
of the private interests of third parties on matters related to the
areas of service of their bodies. Public officials shall represent
the official policies or positions of the City to the best of their
abilities when designated as delegates for this purpose. When representing
their individual opinions and positions, public officials shall explicitly
state that they do not represent their body or the City, and they
shall not give the inference that they do.
[Ord. No. 3013-18, 8-21-2018; Ord. No. 3045-19, 9-17-2019; Ord. No. 3068-20, 8-18-2020; Ord. No. 3153-22, 8-16-2022]
Public officials shall respect and adhere to the City Administrator
form of government as outlined in the ordinances, policies and procedures
with respect to the City Administrator's relationship to the Board
of Aldermen. In this structure, the Board of Aldermen determine the
policies of the City with the advice, information and analysis provided
by the public, boards, commissions, committees and City staff. Individual
Board of Aldermen members shall not, except at the direction of the
entire Board of Aldermen, have any role in the administrative functions
of the City or the professional duties of City staff or the implementation
of City policy or decisions. This prohibition shall not apply to the
Mayor, nor the Mayor Pro Tem acting in the Mayor's absence. Additionally,
this prohibition shall not apply to any individual Board of Aldermen's
ability to obtain information reasonably necessary to perform his
or her duties.
[Ord. No. 3013-18, 8-21-2018; Ord. No. 3045-19, 9-17-2019; Ord. No. 3068-20, 8-18-2020; Ord. No. 3153-22, 8-16-2022]
The value of independent advice and recommendations of boards,
commissions and committees to the public decision-making process is
of such significance that members of the Board of Aldermen should
refrain from using their positions to influence the deliberations
or outcomes of board, commission and committee proceedings. This prohibition
is not meant to include the actions of any Board of Aldermen when
acting as a member of any such committee.
[Ord. No. 3013-18, 8-21-2018; Ord. No. 3045-19, 9-17-2019; Ord. No. 3068-20, 8-18-2020; Ord. No. 3153-22, 8-16-2022]
All City elected and appointed officials shall conduct themselves
in a professional business manner and should refrain from the public
use of profane or offensive language so as to reflect well on the
City.
[Ord. No. 3013-18, 8-21-2018; Ord. No. 3045-19, 9-17-2019; Ord. No. 3068-20, 8-18-2020; Ord. No. 3153-22, 8-16-2022]
Public officials shall support the maintenance of a positive
and constructive workplace environment for the City employees and
for citizens and businesses dealing with the City.
[Ord. No. 3013-18, 8-21-2018; Ord. No. 3045-19, 9-17-2019; Ord. No. 3068-20, 8-18-2020; Ord. No. 3153-22, 8-16-2022]
A.
The code of ethics for public officials of the City is intended to
be self-enforcing. Therefore, it becomes most effective when public
officials are thoroughly familiar with it and embrace its provisions.
For this reason, these ethical standards shall be included in the
regular orientation of candidates for Board of Aldermen, newly elected
officials and appointed members of all boards, commissions and committees
of the City.
B.
The code of ethics shall be reviewed biannually by the Board of Aldermen.
Recommendations received from the review shall be considered by the
Board of Aldermen.
[Ord. No. 3013-18, 8-21-2018; Ord. No. 3045-19, 9-17-2019; Ord. No. 3068-20, 8-18-2020; Ord. No. 3153-22, 8-16-2022]
A.
The City's code of ethics expresses standards of ethical conduct
expected for the public officials of the Board of Aldermen, boards,
commissions and committees. Public officials themselves have the primary
responsibility to assure that ethical standards are understood and
met and that the public can continue to have full confidence in the
integrity of the government.
B.
A person making a complaint against a public official for violation
of this policy shall submit the complaint, in writing, to the Mayor
who shall conduct or cause to be conducted an investigation as he
or she reasonably believes is warranted by the complaint. The Mayor
may request the aid of the City Attorney, Police or other City employees
with said investigation. The Mayor may choose to disregard any anonymous
complaint or complaint not based on personal or credible evidence
as determined in the sole discretion of the Mayor. If the Mayor determines
that the complaint may warrant disciplinary action by the Board of
Aldermen, the Mayor shall cause a special session of the Board of
Aldermen to be held for the purpose of conducting a hearing with regard
to said allegations/complaint. Said hearing to be conducted pursuant
to the Missouri Administrative Procedures Act Section 536.010 et seq.,
RSMo., as now adopted or hereinafter amended.
C.
Any complaint concerning the Mayor shall be made to the Mayor Pro
Tem who shall have the same authority as the Mayor set forth above
when reviewing any such complaint.
D.
The Board of Aldermen shall make a final determination upon a majority
vote of all members, except for any member of the Board of Aldermen
which is the subject of a complaint. The standard of proof required
for a final determination of violation of this policy (unless otherwise
required by law) shall be a preponderance of the evidence. At the
discretion of the Board of Aldermen, sanctions may include private
or public reprimand or censure, removal or exclusion from leadership
positions, the governing board, and other official positions or duties
that do not conflict with Missouri Statutes.
[Ord. No. 3013-18, 8-21-2018; Ord. No. 3045-19, 9-17-2019; Ord. No. 3068-20, 8-18-2020; Ord. No. 3153-22, 8-16-2022]
A.
Each elected official, the City Clerk, the City Administrator and
the Chief Purchasing Officer (if some other individual) shall disclose
the following information by May 1 regarding any such transactions
which 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 political subdivision, and other than transfers for no consideration
to the political subdivision (if none, state none); and
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 (if none, state none).
3.
The City Administrator, City Clerk and the Chief Purchasing
Officer also shall disclose by May 1 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 or
she owned; the name, address and the general nature of the business
conducted of each general partnership and joint venture in which he
or 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
of 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.
[Ord. No. 3013-18, 8-21-2018; Ord. No. 3045-19, 9-17-2019; Ord. No. 3068-20, 8-18-2020; Ord. No. 3153-22, 8-16-2022]
The reports, in the attached format (held on file in the City
offices), shall be filed with the City Clerk and with the Missouri
Ethics Commission. The reports shall be available for public inspection
and copying during normal business hours.
[Ord. No. 3013-18, 8-21-2018; Ord. No. 3045-19, 9-17-2019; Ord. No. 3068-20, 8-18-2020; Ord. No. 3153-22, 8-16-2022]
A.
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.
Each person appointed to office shall file the statement within
thirty (30) days of such appointment.
2.
Every other person required to file a financial interest statement
shall file the statement annually not later than May 1 and December
31; provided, that any member of the Board of Aldermen 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.
[Ord. No. 3013-18, 8-21-2018; Ord. No. 3045-19, 9-17-2019; Ord. No. 3068-20, 8-18-2020; Ord. No. 3153-22, 8-16-2022]
The City Clerk shall send a certified copy of this Chapter to
the Missouri Ethics Commission within ten (10) days of its adoption.
