CHAPTER 130:  CODE OF ETHICS

§     130.010: Definitions

§     130.020: Prohibited Actions─All Officials And Employees

§     130.030: Prohibited Actions─Executive Or Administrative Officials And Employees

§     130.040: Prohibited Acts─Members Of The Board Of Aldermen

§     130.050: Disclosure Of Interest Required

§     130.060: Prohibited Acts─Persons With Rulemaking Authority

§     130.070: Prohibited Acts─Persons In Judicial Or Quasi-Judicial Positions

§     130.080: Exceptions

SECTION 130.010: DEFINITIONS

As used in this Chapter the following terms shall have the following meanings:

ADVERSARY PROCEEDING:  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 some other person authorized to keep such record by law or 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 a personnel review board; or an investigative proceeding initiated by an official, department, division or agency which pertains to matters which, depending on the conclusion of the investigation, could lead to a judicial or administrative proceeding being initiated against the party by the official, department, division or agency.

BUSINESS ENTITY:  A corporation, association, firm, partnership, proprietorship or business entity of any kind or character.

BUSINESS WITH WHICH ONE IS ASSOCIATED:

1.     Any sole proprietorship owned by oneself, one's spouse or any dependent children in one's custody; or

2.     Any partnership or joint venture in which one or one's spouse is a partner, other than a limited partner of a limited partnership, and any corporation or limited partnership in which one is an officer or director or of which either one or one's spouse or dependent child in one's custody whether singularly or collectively owns in excess of ten percent (10%) of the outstanding shares of any class or stock or partnership units; or

3.     Any trust in which one is a Trustee or settlor or in which one or one's spouse or dependent child whether singularly or collectively is a beneficiary or holder of a reversionary interest of ten percent (10%) or more of the corpus of the trust.

CITY:  The City of Pasadena Hills, Missouri.

COMMISSION:  The Missouri Ethics Commission established pursuant to State law.

CONFIDENTIAL INFORMATION:  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.

DECISION-MAKING PUBLIC SERVANT:  An official, appointee or employee of the City who exercises supervisory authority over the negotiation of contracts, or has the legal authority to adopt or vote on the adoption of rules and regulations with the force of law or exercises primary supervisory responsibility over purchasing decisions and is designated as a decision-making public servant by the Board of Aldermen.

DEPENDENT CHILD OR DEPENDENT CHILD IN ONE'S CUSTODY:  All children stepchildren, foster children and wards under the age of eighteen (18) residing in one's household and who receive in excess of fifty percent (50%) of their support from the individual.

SUBSTANTIAL INTEREST:  Ownership by the individual, the individual's spouse, or the individual's dependent children, whether singularly or collectively, directly or indirectly, of ten percent (10%) or more of any business entity, or of an interest having a value of ten thousand dollars ($10,000.00) or more, or the receipt by an individual, the individual's spouse or the individual's dependent children, whether singularly or collectively, of a salary, gratuity, or other compensation or remuneration of five thousand dollars ($5,000.00) or more, per year from any individual, partnership, organization, or association within any calendar year.

SUBSTANTIAL PERSONAL OR PRIVATE INTEREST IN ANY MEASURE, BILL, ORDER OR ORDINANCE:  Any interest in a measure, bill, order or ordinance which results from a substantial interest in a business entity.  (Ord. No. 449 §1, 1-11-94)

SECTION 130.020: PROHIBITED ACTIONS─ALL OFFICIALS AND EMPLOYEES

No elected or appointed official or employee of the City shall:

1.     Act or refrain from acting in any capacity in which one is lawfully empowered to act as an official or employee by reason of any payment, offer to pay, promise to pay, or receipt of anything of actual pecuniary value paid or payable, or received or receivable, to oneself or any third person, including any gift or campaign contribution, made or received in relationship to or as a condition of the performance of an official act, other than compensation to be paid by the City; or

2.     Use confidential information obtained in the course of or by reason of one's employment or official capacity in any manner with intent to result in financial gain for oneself, one's spouse, dependent child in one's custody, or any business with which one is associated; or

3.          Disclose confidential information obtained in the course of or by reason of one's employment or official capacity in any manner with intent to result in financial gain for oneself or any other person; or

4.          Favorably act on any matter that is so specifically designed so as to provide a special monetary benefit to such employee or official or the employee's or official's spouse or dependent children, including but not limited to increases in retirement benefits, whether received from the City or any third party by reason of such act.  For the purposes of this Section, "special monetary benefit" means being materially affected in a substantially different manner or degree than the manner or degree in which the public in general will be affected or, if the matter affects only a special class of persons, then affected in substantially different manner or degree than the manner or degree in which such class will be affected.  In all such matters such officials or employees must recuse themselves from acting, except that such official or employee

may act on increases in compensation subject to the restrictions of the Missouri Constitution; or

5.     Use one's decision-making authority for the purpose of obtaining a financial gain which materially enriches oneself, one's spouse or dependent children by acting or refraining from acting for the purpose of coercing or extorting from another anything of actual pecuniary benefit.  (Ord. No. 449 §2, 1-11-94)

SECTION 130.030: PROHIBITED ACTIONS─EXECUTIVE OR ADMINISTRATIVE

OFFICIALS AND EMPLOYEES

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 or for any agency of the City over which the officer or employee has supervisory power for receipt of any compensation, other than the compensation provided for the performance of one's official duties, in excess of five hundred dollars ($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; or

2.     Sell, rent or lease any property to the City or to any agency of the City over which the officer or employee has supervisory power and received consideration therefor in excess of five hundred dollars ($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; or

3.          Participate in any matter, directly or indirectly, in which the officer or employee attempts to influence any decision of the City or any agency of the City over which the officer or employee has supervisory power, when the officer or employee 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 or that agency for consideration in excess of five hundred dollars ($500.00) value per annum to the officer or employee, to his/her spouse, to a dependent child in his/her custody or to any business with which the officer or employee 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; or

4.          Perform any services during the time of his/her office or employment for any consideration from any person, firm or corporation, other than the compensation provided for the performance of his/her official duties, by which service he/she attempts to influence a decision of any agency of the State, or of any political subdivision in which he/she is an officer or employee or over which he/she has supervisory power; or

5.          Perform any service for consideration, during one (1) year after termination of his/her office or employment, by which the officer or employee attempts to influence a decision of the City or any agency of the City over which the officer or employee had supervisory power, 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 or to prohibit an employee of one (1) department or agency of the City from being employed by another department or agency of the City; or

6.          Perform any service for any consideration for any person, firm or corporation after termination of the officer's term or the employee's employment in relation to any case, decision, proceeding or application with respect to which the officer or employee was directly concerned or in which the officer or employee personally participated during the period of his/her service or employment.  (Ord. No. 449 §3, 1-11-94)

SECTION 130.040: PROHIBITED ACTS─MEMBERS OF THE BOARD OF ALDERMEN

A.    No member of the Board of Aldermen shall:

1.          Perform any service for the City or any agency thereof for any consideration other than the compensation provided for the performance of one's official duties; or

2.     Sell, rent or lease any property to the City or any agency of the City for consideration in excess of five hundred dollars ($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; or

3.          Attempt, for any compensation other than the compensation provided for the performance of one's official duties, to influence the decision of any agency of the City on any matter; except that, this provision shall not be construed to prohibit such person from participating for compensation in any adversary proceeding or 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 Board of Aldermen is a sole proprietor, a partner having more than ten percent (10%) partnership interest, or a coparticipant or owner of in excess of ten percent (10%) of the outstanding shares in any class of stock, shall:

1.          Perform any service for the City or any agency thereof for any consideration in excess of five hundred dollars ($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; or

2.     Sell, rent or lease any property to the City or any agency of the City where the consideration is in excess of five hundred dollars ($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.  (Ord. No. 449 §4, 1-11-94)

SECTION 130.050: DISCLOSURE OF INTEREST REQUIRED

Any member of the Board of Aldermen who has a substantial personal or private interest in any measure, bill, order or ordinance proposed or pending before the Board of Aldermen, shall, before passing on the measure, bill, order or ordinance, file a written report of the nature of the interest with the City Clerk and such statement shall be recorded in the minutes of the meeting. 

(Ord. No. 449 §5, 1-11-94)

SECTION 130.060: PROHIBITED ACTS─PERSONS WITH RULEMAKING AUTHORITY

A.    No member of any agency of the City who is empowered to adopt a rule or regulation, other than rules and regulations governing the internal affairs of the agency, or who is empowered to fix any rate, adopt zoning or land use planning regulations or plans, or who participates in or votes on the adoption of any such rule, regulation, rate or plan, shall:

1.          Attempt to influence the decision or participate, directly or indirectly, in the decision of the agency of which he/she is a member when he/she knows the result of such decision may be the adoption of rates or zoning plans by the agency which may result in a direct financial gain or loss to such member, the member's spouse or a dependent child in the member's custody or to any business with which the member is associated; or

2.          Perform any service, during the member's term, for any person, firm or corporation for compensation other than the compensation provided for the performance of the member's official duties, if by the performance of the service the member attempts to influence the decision of the agency of which he/she is a member; or

3.          Perform for one (1) year after termination of the member's term any service for compensation for any person, firm or corporation to influence the decision or action of the agency with which he/she served as a member; provided, however, that he/she may, after termination of his/her office or employment, perform such service for consideration in any adversary proceeding or in the preparation or filing of any public document or conference thereon unless he/she participated directly in that matter or in the receipt or analysis of that document while serving as a member.

B.    No such member or any business with which such member is associated shall knowingly perform any service for, or sell, rent or lease any property to any person, firm or corporation which has participated in any proceeding in which the member adopted, participated in the adoption or voted on the adoption of any rate or zoning plan or the granting or revocation of any license during the preceding year and received therefor in excess of five hundred dollars ($500.00) per annum except on transactions 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.  (Ord. No. 449 §6, 1-11-94)

SECTION 130.070: PROHIBITED ACTS─PERSONS IN JUDICIAL OR QUASI-JUDICIAL

POSITIONS

A.    No person serving in a judicial or quasi-judicial capacity shall participate in such capacity in any proceeding in which:

1.     He or she knows that a party is any of the following:  his/her great-grandparent, grandparent, parent, stepparent, guardian, foster parent, spouse, former spouse, child, stepchild, foster child, ward, niece, nephew, brother, sister, uncle, aunt, or cousin, or any firm or corporation in which he/she has an ownership interest, or any trust in which he/she has any legal, equitable or beneficial interest; or

2.     He or she knows the subject matter is such that he/she may receive a direct financial gain from any potential result of the proceeding, except that no provision of this Subsection shall be construed to prohibit him/her from participating in any proceeding by reason of the fact that the City or any agency of the City, is a party.

B.    No provision of this Section shall be construed to prohibit him/her from entering an order disqualifying himself or herself or transferring the matter to another court, body or person for further proceedings.  (Ord. No. 449 §7, 1-11-94)

SECTION 130.080: EXCEPTIONS

A.    No provision of this Chapter 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 Chapter shall be construed to prohibit any person from communicating with the office of the Attorney General or any prosecuting attorney or any attorney for the City concerning any prospective claim or complaint then under consideration not otherwise prohibited by law.

C.    No provision of this Chapter shall be construed to prohibit any person, firm or corporation from receiving compensation for property taken by the City under the power of eminent domain in accord with the provisions of the Missouri Constitution, the Laws of the State of Missouri or the Ordinances of the City.  (Ord. No. 449 §8, 1-11-94)