[R.O. 2009 § 100.240; R.O. 2007
§ 100.240; Ord. No. 2346, 11-14-2002; Ord. No. 2568, 9-8-2005; Ord. No.
2644, 8-10-2006; Ord. No. 2820 § 1, 9-11-2008; Ord. No. 2941 § I, 7-8-2010; Ord. No. 3053 § I, 7-17-2012; Ord. No. 3140 § I, 6-24-2014; Ord. No. 3299 §§ I— II, 8-23-2016; Ord. No. 3458, 5-22-2018; Ord. No. 3603, 5-26-2020; Ord. No. 3740, 5-17-2022]
A.
Declaration Of Policy. The proper operation
of government requires that public officials and employees be independent,
impartial and responsible to the people; 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.
Conflicts Of Interest.
1.
All elected and appointed officials
as well as employees of a political subdivision must comply with Section
105.454, RSMo., conduct.
2.
Any member of the Governing Body
of a political subdivision who has a substantial or private interest
in any measure, bill, order or ordinance proposed or pending before
such Clerk of such body and such disclosure shall be recorded in the
appropriate journal of the Governing Body. "Substantial 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:
a.
Ten percent (10%) or more of any
business entity; or
b.
An interest having a value of ten
thousand dollars ($10,000.00) or more; or
c.
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,
the Chief Executive Officer (if any), the Chief Purchasing Officer
(if any) and the full-time general counsel (if any) shall disclose,
in writing, the following information by May 1 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 Executive Officer and the
Chief Purchasing Officer also shall disclose in writing 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/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 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.
D.
Filing Of Reports.
1.
The financial interest statement
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 and the statement shall cover the calendar year ending the immediately
preceding 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.
b.
Each person appointed to office shall
file the statement within thirty (30) days of such appointment or
employment.
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.
2.
Reports shall be filed with the City
Clerk of the City of Bolivar, Missouri, and the Missouri Ethics Commission.
The reports shall be available for public inspection and copying during
normal business hours.
E.
Filing Of Resolution. A certified copy
of this Section shall be sent to the Missouri Ethics Commission within
ten (10) days of its adoption.
[R.O. 2009 § 100.250; Ord. No. 3062 § I, 10-9-2012]
A.
The Mayor and the Board of Aldermen of the City of Bolivar declare that a nepotism policy should be enacted for the members of the Board of Aldermen. This Section is intended to complement the provisions of Section 117.010 of the City Code; however, to the extent that any provisions of this Section conflict with the provisions of Section 117.010 of the City Code, the provisions of this Section will control.
B.
Wherever and whenever this Section mentions
or references the term "family member" or "relative," the same refers
to: spouse, child, grandchild, or foster children.
C.
Promotion Of Existing Employees. No member
of the Board of Aldermen may participate in the promotion process,
or any other personnel matter, of any City employee who is a relative
or family member of such member of the Board of Aldermen.
D.
Appointments. No relative or family member
of a member of the Board of Aldermen shall be appointed to the position
of any board or commission which has more than an advisory role or
one in which the members receive compensation.
E.
Contracts And Hiring Of Professionals.
No member of the Board of Aldermen shall take part in the vote to
approve or approval of any contract, the hiring of any non-employee
professional/ independent contractor, or any other matter under circumstances
where a family member or relative of such member of the Board of Aldermen
will benefit from the approval of the contract, hiring, or other matter.
