City of Maryville

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Chapter 112 Conflicts of Interest

SECTION 112.010:   DECLARATION OF POLICY

The operation of 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 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 and/or other interest in matters affecting the City.  (R.O. 2008 §112.010; Ord. No. 6770 §1, 8-8-05; Ord. No. 6815 §1, 3-13-06; Ord. No. 6924 §1, 8-13-07; Ord. No. 7139 §1, 8-10-09)

SECTION 112.020:   CONFLICTS OF INTEREST

A.  All elected and appointed officials, as well as employees of a political subdivision, must comply with Section 105.454, RSMo., on conflicts of interest and other State laws governing official conduct.

B.  Any member of the Governing Body of a political subdivision who has a "substantial or private interest" in any measure, bill, order or ordinance proposed or pending before such Governing Body must disclose that interest to the City Clerk and such disclosure shall be recorded in the appropriate journal of the Governing Body.  "Substantial or private interest" is defined as ownership by the individual, his/her spouse or his/her dependent children, whether singularly or collectively, directly or indirectly of:

      1.   Ten percent (10%) or more of any business entity; or

      2.   An interest having a value of ten thousand dollars ($10,000.00); or

      3.   The receipt of a salary, gratuity or other compensation or enumeration of five thousand dollars ($5,000.00) or more per year from any individual, partnership, organization or association within any calendar year.  (R.O. 2008 §112.020; Ord. No. 6770 §2, 8-8-05; Ord. No. 6815 §2, 3-13-06; Ord. No. 6924 §2, 8-13-07; Ord. No. 7139 §2, 8-10-09)

SECTION 112.030:   DISCLOSURE REPORTS

Each elected official and the City Manager shall disclose, in writing, the following information by May first (1st) if any such transactions were engaged in during the previous calendar year.

      1.   For each person, and all persons within the first degree of consanguinity or affinity of such person, the date and identification of the parties of 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 transfer for no consideration to the political subdivision; and

      2.   The data 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 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 transfer for no consideration to the political subdivision.

      3.   The City Manager shall disclose, in writing, on May first (1st) 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/she owned; the name and address and the general nature of the business conducted of each general 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 corporation or limited partnership in which the person owned ten percent (10%) 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 (2%) or more of any class of outstanding stock, limited partnership units or other equity interests;

            c.   The name and address of such corporation for which such person served in the capacity of a director, officer or receiver.  (R.O. 2008 §112.030; Ord. No. 6770 §3, 8-8-05; Ord. No. 6815 §3, 3-13-06; Ord. No. 6924 §3, 8-13-07; Ord. No. 7139 §3, 8-10-09)

SECTION 112.040:   FILING OF REPORT

A.  The reports shall be filed with the City Clerk and with the Secretary of State prior to January first (1st) and thereafter with the Ethics Commission.  The reports shall be available for public inspection and copying during normal business hours.

B.  The financial interests 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; and

      2.   Every other person required to file a financial interest statement shall file the statement annually no later than May first (1st) and the statement shall cover the calendar year ending and immediately preceding December thirty-first (31st); provided that any member of the City Council may supplement the financial interest statement to report additional interest acquired after December thirty-first (31st) of the covered year until the date of filing of the financial interest statement.  (R.O. 2008 §112.040; Ord. No. 6770 §4, 8-8-05; Ord. No. 6815 §4, 3-13-06; Ord. No. 6924 §4, 8-13-07; Ord. No. 7139 §4, 8-10-09)