HomeMy WebLinkAboutOrd.4877.08-15-16 BILL NO. 16-127 ORDINANCE NO. Iii/
AN ORDINANCE UPDATING AND READOPTING
SECTIONS 2-76 TO 2-83 OF THE CITY CODE
RELATING TO CONFLICTS OF INTEREST
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE
GIRARDEAU, MISSOURI, AS FOLLOWS :
ARTICLE 1. Sections 2-76, 2-77, 2-78, 2-79, 2-80, 2-81, 2-
82, and 2-83 of the Code of Ordinances of the City of Cape
Girardeau, Missouri, are hereby` repealed, and new Sections 2-76,
2-77, 2-78, 2-79, 2-80, 2-81, 2-82, and 2-83 are hereby enacted,
in words and figures, to read as follows :
Sec. 2-76 . Definitions .
The following words, terms and phrases, when used
in this article, shall have the meanings ascribed to
them in this section, except where the context clearly
indicates a different meaning :
Adversary proceedings means 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 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 the personnel review board of the city.
Business entity means a corporation, association,
firm, partnership, proprietorship, or business entity
of any kind or character.
Business with which he is associated means any
sole proprietorship owned by himself or his spouse,
any partnership or joint venture in which he or his
spouse is a partner, any corporation in which he is an
officer or director or creditor or any trust in which
he or his spouse or dependent child is a beneficiary
or holder of a reversionary interest of the corpus of
the trust .
Confidential information means 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.
Dependent child in his custody means all
children, stepchildren, foster children and wards
under the age of eighteen ( 18) residing in his
household and who receive in excess of fifty (50)
percent of their support from him.
Public document means 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.
Substantial interest or substantial financial
interest means ownership by the individual, or his
spouse, directly or indirectly, of any business entity
or interest, either as an owner or creditor, or the
receipt by an individual or his spouse of a salary,
gratuity or other compensation or remuneration from
any individual, partnership, organization or
association or one (1) who has acted as a guarantor or
who has executed any credit instrument on behalf of
any such individual, partnership, organization or
association.
Substantial personal or private interest in any
measure or bill means any interest in a measure or
bill which results from a substantial interest or
substantial financial interest in a business entity.
Sec. 2-77 . Prohibited acts by elected, appointed
officials , employees--Generally.
(a) . No elected or appointed official or employee
of the city shall :
(1) Act or refrain from acting in any
capacity in which he 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 other than compensation to
be paid by the city.
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(2) Use confidential information obtained
in the course of or by reason of his employment or
official capacity in any manner with intent to result
in financial gain for himself, his spouse, his
dependent child in his custody, or any business with
which he is associated.
(3) Disclose confidential information
obtained in the course of or by reason of his
employment or official capacity in any manner with
intent to result in financial gain for himself or any
other person .
(4 ) With respect to any contract or
transaction which is or may be the subject of an
official act or action of the city, without proper
legal authorization or official authority, disclose
confidential information concerning the property, real
estate, personal affairs, or legal affairs of the city
to any individual or entities outside of the city
council or city staff, or use such information to
advance the financial or other private interest of
himself or others .
(5) Use his decision-making authority for
the purpose of obtaining a financial gain which
materially enriches himself, his spouse or dependent
children by acting or refraining from acting for the
purpose of coercing or extorting from another anything
of actual pecuniary value .
(b) No elected or appointed official or employee
of the City shall offer, promote, or advocate for a
political appointment in exchange for anything of
value to the City, to himself, or to any other person.
Sec. 2-78 . Same—Additionally.
(a) No elected or appointed official or employee
of the city shall :
(1) Perform any service for the city for
receipt or payment of any compensation, other than of
the compensation provided for the performance of his
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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 the
city and receive 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 attempts to influence any
decision of the city when he 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 the city 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, to his spouse, to a dependent child in his
custody or to any business with which he 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 or actions during
the time of his office or employment for any
consideration from the city or from any person, to
him, to his spouse, to a dependent child in his
custody, or to any business with which he is
associated, other than the compensation provided for
the performance of his official duties, by which
service or action he attempts to influence a decision
of the city.
(5) Perform any service for consideration,
during one (1) year after termination of his office or
employment, by which performance he attempts to
influence a decision of the city, except that this
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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 after termination of his
office or employment in relation to any case,
decision, proceeding or application with respect to
which he was directly concerned or in which he
personally participated during the period of his
service or employment .
Sec. 2-79 . Same-Council members .
(a) In addition to the other requirements of
this Article, no member of the city council shall :
(1) Perform any service for the city or any
agency of the city for any consideration other than
the compensation provided for the performance of his
official duties .
(2) Sell, rent or lease any property to the
city for consideration in excess of five hundred
dollars ($500 . 00) per transaction or five thousand
dollars ($5, 000 . 00) per annum 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) Attempt, for any compensation other
than the compensation provided for the performance of
his official duties, to influence the decision of the
city on any matter; except that, this provision shall
not be construed to prohibit such person from
participating for compensation in the preparation or
filing of any public document or conference thereon.
(b) No sole proprietorship, partnership, joint
venture or corporation in which any member of the city
council is the sole proprietor, partner, coparticipant
or owner of in excess of ten ( 10) percent of the
outstanding shares of any class of stock, shall :
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(1) Perform any service for the city for
any consideration in excess of five hundred dollars
($500 . 00) per transaction or 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 where the consideration is in excess of five
hundred dollars ($500 . 00) per transaction or 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.
Sec. 2-80 . Exceptions to this article.
(a) No provision of this article shall be
construed to prohibit any person from performing any
ministerial act or any act required by order of a
court or by law to be performed.
(b) No provision of this article shall be
construed to prohibit any person from communicating
with the city attorney concerning any prospective
claim or complaint then under consideration not
otherwise prohibited by law.
(c) No provision of this article shall be
construed to prohibit any person from receiving
compensation for property taken by the city under the
power of eminent domain in accordance with the
provisions of the constitution and the laws of the
state .
Sec. 2-81 . Procedure to disclose potential
conflicts of interest and substantial
interests .
(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
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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 city.
(b) Conflicts of interest . The mayor or any
member of the city council who has a substantial
personal or private interest as defined by this
chapter in any matter before the council shall
disclose on the minutes of the city council the nature
of that interest and shall be disqualified from voting
on, discussing with the council, or talking to staff
on any matters relating to this interest .
(c) Disclosure reports. Each elected official,
the city manager, the chief purchasing officer and the
city attorney (if employed full-time) shall disclose
the following information by May first if any such
transactions 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 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; 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 personal or financial
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 .
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(3) The city manager, the chief purchasing
officer and the city attorney (if employed full-time)
also shall disclose by May first 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 owned; the name, address and
the general nature of the business conducted of each
general partnership and joint venture in which he 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 ( 10)
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 (2) 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.
(4 ) In addition to all of the other
information required to be disclosed by the provisions
of this chapter, the mayor and each member of the city
council shall report the following information for
themselves, their spouses and each of their dependent
children. This additional information shall be
included with the other material included with the
financial interest statements required to be filed by
this chapter and shall be filed according to the same
schedules and deadlines for such other reports :
a . Any sole proprietorship owned,
general partnerships or joint ventures, in which they
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are a partner or coparticipant; and closely held
corporations or limited partnerships where they own
any outstanding stock or financial interest .
b. Any City of Cape Girardeau
licenses held personally or by any of the entities
included in section 2-81 (c) (1) .
c. Address and description of any
real estate owned in Cape Girardeau or Scott County.
d. Any corporation where they serve
as director, officer or receiver.
Copies of these reports shall be kept at the
city clerk ' s office and shall be available to the
public for inspection during regular office hours of
the city clerk.
(d) Filing of reports. The reports required by
this section and by Chapter 105 of the Revised
Statutes of Missouri 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 .
(e) When filed. 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 or employment;
(2) Every other person required to file a
financial interest statement shall file the statement
annually not later than May first 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 .
Sec. 2-82 . Distribution of conflict of interest
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ordinance.
The city clerk shall cause a copy of this chapter
to be distributed to every public officer and employee
of the city. Each public officer and employee elected,
appointed or engaged thereafter shall be furnished ..a
copy before entering upon the duties of his office or
employment .
Sec. 2-83 . Procedures--Penalties .
If any elected official violates any provision of
sections 2-76 through 2-82, inclusive, whether
willfully or unintentionally, that official is subject
to the procedures and penalties set out in this
section.
(1) By a motion of a city council meeting,
any council member may request a public hearing with
respect to a violation of any provision of sections 2-
76 through 2-82, inclusive, by any elected official .
Such motion shall include details as to the identity
of the elected official in question and the facts and
circumstances supporting the movant ' s allegation of
such violation.
(2) If such motion is adopted by the
council, a public hearing into the matter shall be
held within thirty (30) days . At such public hearing,
the movant shall first present all particulars
relating to the alleged violation and the accused
elected official shall then be afforded the
opportunity to rebut the charges .
(3) If the council determines that such
violation has occurred, the council may, by
resolution, censure the official . Such finding of the
council may also be the basis for a proceeding for
forfeiture of office or impeachment of such elected
official .
Secs . 2-84--2-95 . Reserved.
ARTICLE 2. If any section, subsection, sentence, clause,
phrase or portion of this ordinance is for any reason held
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invalid or unconstitutional by any court of competent
jurisdiction, such portion shall be deemed a separate, distinct
and independent provision and such holding shall not affect the
validity of the remaining portions hereof.
ARTICLE 3. It is the intention of the governing body and
it is hereby ordained that the provisions of this ordinance
shall become and be made a part of the Code of Ordinances of the
City of Cape Girardeau, Missouri, and the sections of this Code
may be renumbered to accomplish such intention.
ARTICLE 4. This ordinance shall be in full force and
effect ten days after its passage and approval .
PASSED AND APPROVED THIS DAY OF t„ .1�; �,1)tl� , 2016.
IeSihas . _ _ .
Harry E. R-diger, Mayor
ATTEST: N-^
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Gayle onrad, City ClerkFy�l'
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