HomeMy WebLinkAboutORD.3705.08-21-20065 0
BILL NO. 06-170
ORDINANCE 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, relating to "Conflicts of Interest" reading
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
2
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.
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
3
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
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—Council members.
(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
4
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
($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.
5
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.
(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,
R
the city manager, the chief
city attorney (if employed
the following information
transactions were engaged
calendar year:
purchasing officer and the
full-time) shall disclose
by May first if any such
in during the previous
(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
venture unless such names and addresses are filed by
the partnership or joint venture with the secretary of
7
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.
X
(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 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.
D
(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.
is hereby repealed in its entirety, and new Sections 2-76, 2-77,
2-78, 2-79, 2-80, 2-81, 2-82 and 2-83 relating to "Conflicts of
Interest", are hereby enacted in lieu, 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
10
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
11
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
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
12
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 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 during the time of his
office or employment for any consideration from any
person, other than the compensation provided for the
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
13
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) 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.
(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
($500.00) per transaction or Five Thousand Dollars
($5,000.00) per annum unless the transaction is made
14
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
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
15
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.
(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
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.
17
f
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 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
18
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.
19
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 20S
4ayKn dtson, Mayor
n_
Gayle . Conrad
City erk
mug