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HomeMy WebLinkAboutORD.2778.08-21-2000ORDINANCE NO. ,� �] AN ORDINANCE 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 re-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 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 the combined definitions of "business entity" and "substantial interest." Sec. 2-77. Prohibited acts by elected, appointed officials, employees --Generally. 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. (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 0 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. Sec. 2-78. Same --Executive, administrative capacity. No elected or appointed official or employee of the city, serving in an executive or administrative capacity, 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 official duties, in excess of five hundred dollars ($500.00) per transaction or one thousand five hundred dollars ($1,500.00) 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 one thousand five hundred dollars ($1,500.00) 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 one thousand five hundred dollars ($1,500.00) 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 during the time of his office or employment for any consideration from any person, other than the compensation provided for the 3 performance of his official duties, by which service 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 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--Councilmembers. (a) 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 one thousand five hundred dollars ($1,500.00) 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. (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: (1) Perform any service for the city for any consideration in excess of five hundred dollars 4 ($500.00) per transaction or one thousand five hundred dollars ($1,500.00) 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 one thousand five hundred dollars ($1,500.00) 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 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. 5 (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. (3) The city manager officer and the chief purchasing officer 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 6 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 proprietorships owned, general partnerships or joint ventures, in which they 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 in the attached format (Exhibit A), shall be filed in duplicate with the city clerk and with the secretary of state prior to January 1, 1993, and thereafter with the ethics commission. The reports shall be available for 7 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 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 wilfully 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 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 5 DAY OF , 20�Q. r_ WA..p adling, III ayor ATTEST: 10 &'?� GdylejL. Conrad City Clerk 9 MISSOURI ETHICS COMMISSION 1. TIME PERIOD COVERED BY THIS STATEMENT 2. TYPE OF STATEMENT s FINANCIAL DISCLOSURE STATEMENT FROM ❑ NEW THROUGH FOR POLITICAL SUBDIVISIONS ❑AMENDED 3. NAME 4. SPOUSE'S NAME ADDRESS 5. DEPENDENT CHILDREN 6. POLITICAL SUBDIVISION 7. TITLE (NOTE: The following information is required from each elected official, chief administrative officer, chief purchasing officer, full- time general counsel and officials or employees authorized by the governing body of the political subdivision to promulgate or vote on rules and regulations.) 8. List transactions you, your spouse, children or parents had with the political subdivision listed in item 6 (other than compensation received as an employee, for payment of taxes, fees or penalties, or transfers for no consideration) valued at more than $500. DATE PARTIES TO THE TRANSACTION 9. List transactions which any business entity in which you, your spouse or children, hold a substantial interest (ownership of 10% of the business entity, or interest valued at $10,000 or more, or from which a salary, gratuity or other compensation of $5,000 or more is paid per calendar year) had with the political subdivision listed in item 6 valued at more than $500. Do not include payment of taxes, fees or penalties due to the political subdivision or transactions involving payment for providing utility service to the political subdivision, or transfers for no consideration. DATE PARTIES TO THE TRANSACTION FILING INFORMATION 10. COMPLETE AND SIGN THIS SECTION This form is to be filed with the Missouri Ethics CHECK ONE: Commission and with the governng body of the ❑ I certify that I have disclosed all interests concerning the required financial political subdivision listed in item 6 above. The information. clerk of such governing body shall maintain such disclosure reports available for public inspection OR and copying during normal business hours. ❑ I certify that I have disclosed all interests concerning the required financial If additional space is needed, attach additional information and further certify that my spouse has refused or failed to provide information concerning his or her financial interests and that I have no pages. knowledge of such interests. Missouri Ethics Commission P.O. Box 1370 Jefferson City, MO 65102 FILER'S SIGNATURE EXHIBIT %Av PAGE 1 MO 300-0201(1-93) (NOTE: The following information is required from the chief administrative officer and chief purchasing officer only. Information given pertains to filer, spouse and dependent children.) 11. EMPLOYMENT: List the name and address of each employer from whom you received income of $1,000 or more during the period covered by this statement. EMPLOYER'S NAME ADDRESS WHO RECEIVED INCOME 12. SOLE PROPRIETORSHIPS: List each sole proprietorship owned. NAME OF SOLE PROPRIETORSHIP ADDRESS 13. GENERAL PARTNERSHIPS, JOINT VENTURES: List each general partnership and joint venture in which you are a partner or participant, and the names of partners or coparticipants unless such names and addresses are filed with the Missouri Ethics Commission. NAME OF GENERAL PARTNERSHIP OR JOINT VENTURE ADDRESS GENERAL NATURE BUSINESS NAME AND ADDRESS OF PARTNERS OR COPARTICIPANTS 14. LIMITED PARTNERSHIPS, CLOSELY -HELD CORPORATIONS: List the name of any closely -held corporation or limited partnership in which you own ten percent (10%) or more of any class of the outstanding stock or units. NAME OF LIMITED PARTNERSHIP OR CLOSELY -HELD CORPORATION ADDRESS NATURE OF BUSINESS 15. PUBLICLY TRADED CORPORATION OR LIMITED PARTNERSHIP: List the name of any publicly traded corporation or limited partnership which is listed on a regulated stock exchange or automated quotation system in which you own two percent (2%) or more of any class of outstanding stock, units or other equity interests. NAME OF PUBLIC TRADED CORPORATION OR LIMITED PARTNERSHIP 16. List the name and address of each corporation for which you served in the capacity of a director, officer or receiver. NAME OF CORPORATION ADDRESS WHO SERVED IN THIS CAPACITY This form is required to be filed between January 1 and May 1 with the governing body of your political subdivision and the Missouri Ethics Commission. All elected and appointed officials as well as employees of a political subdivision must comply with section 105.454, Missouri Revised Statutes, on conflicts of interest and their own local code of ethics. Missouri Ethics Commission, P.O. Box 1370, Jefferson City, MO 65102, 314-751-2020, 800-392-8660 MO 300-0201 (1-93) FINANCIAL DISCLOSURE STATEMENT w,a FOR MAYOR AND CITY COUNCIL MEMBERS 8 ^ CITY OF CAPE GIRARDEAU, MISSOURI 1. lime period covered by this statement. FROM / / THROUGH (generally a calendar year) Z. Type of statement. NEW AMENDED 3. Name. Address. 4. Title. S. Names of spouse or dependent children covered under this statement. 6. List any sole proprietorships owned by you, your spouse or your dependent children. Name of sole proprietorship Address Name of involved parry 0 FINANCIAL DISCLOSURE STATEMENT FOR CITY OF CAPE GIRARDEAU, MISSOURI Page 2 of 3 7. List any general partnership or joint ventures in which you, your spouse or your dependent children are a partner or coparticipant. Name of general partnership or joint venture Address Name of involved party 8. List any closely held corporations or limited partnerships where you, your spouse or your dependent children own any outstanding stock or financial interest. Name of closely held corporation or limited partnership Address Name of involved party 9. List any City of Cape Girardeau licenses held personally by you, your spouse or dependent children or by any of the entities included in Numbers 6, 7; and 8 above. Type of license held Name of license holder Address 10. List any real estate owned by you, your spouse, or your dependent children in Cape Girardeau or Scott County. Description of property Name of property owner FINANCIAL DISCLOSURE STATEMENT FOR CITY OF CAPE GIRARDEAU, MISSOURI Page 3 of 3 11. List any corporation where you, your spouse, or your dependent children serve as director, officer or receiver. _ Name of corporation Address Name of involved party 12. Complete and sign this section. I certify that I have disclosed all interests concerning the required financial information. Filer's Signature FILING INFORMATION. This form is to be filed with the City Clerk's office prior to May 1 annually, in accordance with Section 2-81 of the City Code of the City of Cape Girardeau. The City Clerk shall maintain this form, along with all other disclosure reports, for public inspection and copying during normal business hours.