HomeMy WebLinkAboutOrd.1072.09-03-1991 • � • 1
BILL NO. 91-184 ORDINANCE NO. ���N
AN ORDINANCE AMENDING ARTICLE IV OF CHAPTER 2 OF THE
CODE OF ORDINANCES ENTITLED "CONFLICTS OF INTEREST" BY
ADOPTION OF A PROCEDURE TO DISCLOSE POTENTIAL CONFLICTS
OF INTEREST AND SUBSTANTIAL INTERESTS FOR CERTAIN
MUNICIPAL OFFICIALS
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU,
MISSOURI, AS FOLLOWS;
ARTICLE 1. Article IV of Chapter 2 of the Code of Ordinances
of the City of Cape Girardeau, Missouri, is hereby amended by the
addition of a new section to be numbered Section 2-81, entitled
"Procedure to Disclose Potential Conflicts of Interest and
Substantial Interests" , in words and figures as follows, to-wit:
Sec. 2-81. Procedure to Disclose Potential Conflicts of
Interest and Substantial Interests.
(a) Declaration of Policv. The proper operation of
municipal government requires that pubic 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 state law, in any
bill shall disclose on the records of the city
council the nature of that interest and shall be
disqualified from voting 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 1 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, 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,
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
1 for the previous calendar year the following
information:
( i) The name and address of each of the
' employers of such person from whom
income of one thousand dollars or
more was received during the year
covered by the statement;
(ii) 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 percent or more of any
class of the outstanding stock or
limited partnership units; and the
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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;
(iii) The name and address of each
corporation for which such person
served in the capacity of a
director, officer or receiver.
(d) Filing of Re�orts. 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 financial
interest statement in any calendar year;
� (1) Each person appointed to office shall file the
statement within thirty 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 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.
ARTICLE 2 . FilinQ of Ordinance. The city clerk shall send a
certified copy of this ordinance to the Secretary of State's office
within ten days of its adoption.
ARTICLE 3 . This ordinance shall be in full force and effect
ten days after its passage and approval.
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PASSED AND APPROVED THIS � DAY OF ��, 19�
rancis E. Rho es, Mayor
ATTEST:
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.Dale, Deput City Clerk
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•��`���'��•• FINANCIAL DISCLOSURE �. r���.;�e �o��rca ey z. ry�or s��„�
�� STA'TE.�LENT FOR POLITICAL �
. '� j chis suumen[ j��,
a;, SUBDIVISIONS FROM�_�_ Amcndcd �
� 7'��tOUGH _J_J_
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ROY D. BLiJhT, '�IISSOLRI SECRETARY OF STATE (grnmlly i c�Jrndu yeu)
3. Vame 4. Spousc's Namc
Address 5. Dcpcndcnt Children
6. Poli[ical Subdivision 7. Ticic
(tiOTt:: 1�e ioilowing ir�f'orma;ioz is :equir�ed. from each elected o�cial, chicf adsn:.-iistrati�•e o�ccr, ch.ief purchas- �
ing o�cer, full-time general counsel and o8iciaLs or employccs authorized by the governing body of the political
subdivision to promuigate or vote on rules and regulations.)
8. list transacuons you, your spousc, children or parcncs had wich chc political subdivision listcd in itcm 6(othcr�han compcnsa-
[ion rcccivcd as an cmploycc, for paymcnt of ta.Ycs, fccs or pcnaltics, or transfcrs for no considcration)valucd at morc than 5500.
dacc � partics co thc �ransaction
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9. List �nsactions which any busincss cntiry in which you, }•our spousc or children, hold a substantial inccrest (oQ•ncrship of
10°h of thc btisincss cntiry, or inccrest �•alucd ac S 10,000 or morc, or from_which a salary•, gratuiry or o[hcr compcnsation of
55,000 or morc is paid per c�icndar ycar) liad wich�[hc political subdi�•isio�i listcd in i�cm 6 valucd ac morc ttun 5500. Do noc
includc paymcnt of caxcs, fccs or pcnalt;cs duc [o ihc political subdivision�or transactions invol��ing pay�mcnt for pro�•iding u�iliry
scrvice to thc poiitica! subdivision, or transfcrs for no consideration.
datc I parties to �hc �ransaction
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FII.L\G I�'�'FOR'v1A"IZON: 10. Complctc and sign �his scccion:
This form is to bc filcd wich thc .
'�fissouri Sccrctary of Statc's officc and t� (chcck onc)
R'i[h thc govcrning bo�y of thc policical �' I ccrtifj� cllat I havc di�closcd ail in[cres�s
subdivision listcd in itcm 6 abovc. 71�c concerning [hc rcquircd financial information.
clerk of such govcming body shall main- or
cain such disclosurc rcports a�•ailablc for � I ccrtify that I hzvc discloscd all inccrests
public inspcction �nd copying during conccrning chc rcquircci financial information and
normal b�sincss hours, furchcr ccrcih� [ha[ my spousc ha.s rcfuscd or failcd to
providc information conccrning fiis on c�r financizl
If addi[ional spacc is nccdcd, actach in�crescs and tliat I havc no knowicdgc of such intcrescs.
additional pagcs.
Gmpvgn Reponing Division FiLFR'S SIGNA71tRf
PA lioz 1310
J�fferson Ciry,Missouri 65102 �p/��pA� ,L,M
r/t, IO N B•�
(tiOTE: The following information is rcquircd from the chief administrativc officer as�d chief purch�sing o�cer "
only. Information givrn pertains to filer, spouse and dcpcndcnt children.)
1 1. E.'vfPLOYMENT: List the namc and address of cach cmploycr from whom you rcccivcd incomc of S 1,000 or morc duting thc
period covcrcd by this statcmcnt.
employc�s namc address i who ccccived incomc
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13. SOLE PROPRIETORSHIPS: list cach solc proprictorship owncd.
name of sole propric[orship i address
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13. Gc.'�'ERAI.PAR'I'i�'ERSHIPS,JCI:v'T VEri'TL'RES: list cach gcncra! partncrship and joint vcncure in which you are a partncr oc
participan�, and thc names of partners or coparticipancs unlcss such names and addresscs arc tilcd wich thc sccrctary of scatc.
name of gcncrsl partnership or joint vcncurc � address j gcner�l nature of busincss � namc and address of
i i partncrs cr coparticipanu '
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14. LI`IITED PARTIvERSHIPS, CLOSELY-HELD CORPORSTIO�S: list chc namc of any closcl}•-hcld corporacion or limitcd
partncrship in which you�wn tcn perccnt (10%)or morc of any class of�he oucs�anding scock or unics.
namc of limited partnc:ship or cfosely-heJd corporation I address "�I gcneral naturc of business
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15. PliBLICI.�'T�AJ�FD CORppR.yTip*,�i C�F�. I_t�JTrD P.-LR'I'�ERSI-'.?P: Li<_c �hc n�rnc of�m' publiC�y cr�ded cr>mOf1[inn cr limiced
partnership which is listed on a regul:,[ed stock cxc;-�angt or au[omaced yuo�aciun s}•s[cm in R•hich }�ou own two percen[ (2%) or
morc of any class of ou�standin� stock, uni�s or othcr cquity intcres�s.
n�rnc of pubicly tradcd corporstion or limitcd parcnership
16. list thc namc and address of cach corporscion for wh�ch}'ou scrvcd in [hc capaciry of a dircctor, officcr or rcccivcr.
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namc of corpor�cion i address � who scrvcd in this capaciry
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lliis form is rcquircd io be filed be[wcen Jinu�ry I �nd M�y 1 with tne go�crning bod,v of your poliiic�l subdi�ision and ihe Sccrctuy of State. All dectcd and appoinud
officiaJs u well u employets o(a poli�cal subdivision must complv with scction 105.954, ,Nissouri Rcvixd Sumtes,on con�lic�s of intercsi ind thnr own loc�l code of ethics.
MISSOURI SECRETARY OF STAT'� Campalgn Rcp�rting Dlvl�ion. P. O. Bor 1370,St��c In(orm�tion Cen�cr,600 W. Main.Jc(tenon City, MO 65102
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