§ 2-36. Procedure for disclosure of potential conflicts of interest.  


Latest version.
  • (a)

    Declaration of policy. The proper operation of municipal 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 government 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 city.

    (b)

    Conflicts of interest.

    (1)

    All elected and appointed officials, as well as employees of the city, must comply with conflict of interest statutes contained in RSMo ch. 105 in addition to any other state laws governing official conduct.

    (2)

    The mayor and any member of the city council who has a "substantial personal or private interest" in any measure, bill, order, resolution or ordinance proposed or pending before the council must disclose that interest to the city clerk who shall cause it to be recorded in the appropriate journal and minutes of the council. Substantial personal or private interest is defined as ownership by the individual, the individual's spouse or dependent children, whether singularly or collectively, directly or indirectly of:

    a.

    Ten percent or more of any business entity; or

    b.

    An interest having a value of $10,000.00 or more; or

    c.

    The receipt of a salary, gratuity or other compensation or remuneration of $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 general counsel (if employed full-time) shall disclose the following information by May 1, if any such transactions were engaged in during the previous calendar year:

    (1)

    For such person, and all such 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 $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; and

    (2)

    The date and the identities of the parties to each transaction known to the person with a total value in excess of $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 transfers for no consideration to the political subdivision.

    (3)

    The chief administrative officer 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 $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 and the general nature of the business conducted of each 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 limited liability corporation or limited partnership in which the person owned ten percent 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 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.

    The financial disclosure reports giving the financial information required in this subsection (c) shall be filed with the city clerk and with the state ethics commission. The reports shall be available for public inspection and copying during normal business hours.

    (d)

    Filing of reports. The reports, in the attached format, shall be filed with the city clerk and with the state ethics commission. The reports shall be available for public inspection and copying during normal business hours.

    (e)

    When filed. The financial interest statements shall be filed at the following time, but no person is required to file more than one financial interest statement in any calendar year:

    (1)

    Each person appointed to office shall file the statement within 30 days of such appointment or employment covering the calendar year ending the previous December 31;

    (2)

    Every other 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 city council 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;

    (3)

    Every candidate required to file a personal financial disclosure statement shall file no later than 14 days after the close of filing at which the candidate seeks nomination or election. The time period of this statement shall cover the 12 months prior to the closing date of filing for candidacy.

(Ord. No. 3018, §§ 1—5, 8-5-91; Ord. No. 3870, §§ 1—5, 9-3-02; Ord. No. 3909, §§ 1—5, 9-2-03; Ord. No. 4264, §§ 1—5, 8-15-11; Ord. No. 4321, §§ 1—5, 7-15-13; Ord. No. 4377, §§ 1—5, 7-20-15; Ord. No. 4448, §§ 1—5, 6-19-17)

State law reference

Conflicts of interest and lobbying, RSMo 105.450 et seq.