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Home My Public Portal AboutORD13530 Substitute,passed as Amended 4-15-03 BILL NO. 2002-144 SPONSORED BY COUNCILMAN VINCENT ORDINANCE N0. 13530 AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING THE CURRENT ORDINANCE RELATING TO FINANCIAL DISCLOSURE BY MUNICIPAL OFFICIALS AS CITED IN CHAPTER 2 OF THE CODE OF THE CITY OF JEFFERSON, MISSOURI. BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS: Section 1. Section 2-115 Financial Disclosure Policy.of Chapter 2, Administration, of the Code of the City of Jefferson, Missouri, is hereby amended to read as follows: Sec. 2-115. financial Disclosure Policy. A. Declaration of Policy. 'file 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 govcramental structure;that public office not be used for personal Cain;and that the pul,lie have cunfulcttro in the integrity ofits government. In recognition ofthese 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. mctmitt -rc-slx�ctirct;am ibcd-m-thrm by thin c,m I. fltr crrtcs. 6th m A "I"p"t it mn-,:tssnc', - n i ctc'rsftiTrrn hmiIMS1 rmYty 01"My killd rn rirmctrr. 2. -tht-itrtfivictml S A11crmc- icrcrnf�-m "hild'em. MirtherrirIgUlMlp c ncirecd ,often percv, 11101C • mh�n irrtel"'St rrr !MN inn ZI<cline oFtcmhuns-mid dollars in , !C'hethtr-m YFtil11Tly m cola F*1i2ttttt) T t X1111 1111tTt711�11 1Cn7ttt[CRttt�CM'o 11m tht�min d"dollml-A, ,C17`fi-011! Tilly el). Conflicts of interest. Nr The mayor or any member of the council or appointed official who has substantial personal efectccFcn-ammiltted-odhcrr} ht,has a financial or private interest, as defined by state law,in any bill shall disclose on the records of the city council the nature of his interest and shall disqualify himself from voting on any matters relating to this interest.ccmccrnirrgllly-hmim^ss ofthc city 111,111 rmtreipme in ., the cit}o co moil err m »t4ice vilki.-br-A v-c '-thrcity grrrernment, If C.Stdfiles coulled 0n llmflo•s2012-1 4.1 subst gl atet m nmrn.ted„pd Substitute,passed as Amended ded 4-15-03 the mayor,any menow of the council,or army al►polotecl official has any personal involvement with any matter before that member's commission,board,or judicial,legislative,regulatory,or governing;body, or money relationship with principals in said matter pertaining; to work previously performed or presently being;performed under either it private or government payment or contract or from previous employment which may give rise to the appearance of it conflict, that member must reveal that Involvement on the official records of that body, and disqualify themselves from any action by that commission,board or judicial, legislative, regulatory or governing body related to that matter. 1--- --r► c-crtrctmnct{-tt�hx fmanrrrFi+rntfrcr�rn�atc-mtzrest im mq-bi ff si ccrca felt tiie 11 rttl i c H'I d,-intcrcact arld slmlilf ncjmaiil' Mitts elf+ar+m-ti'rYtitrg;r,�r:nr�*rtmttcrc-rctatirrg-tc+tfrias-intrrrst. flC. Disclosure Reports. FAch elected official or appointed official, iF the-nra301,t , the city administrator• the city ctxn1.1dor and the {faief purchasing officer ag;crrt shall disclose the Pillowing information by May i it'any such transactions were engaged in during; the previous calendar year.. A report Imist he filed, even if no transactions took place indicating; no such transactions occurred, I. Yorsuch person,and all per:Sons within the first dcgrcc of consanguinity or aflinity ol'such person,the date and the identities of the parties to each transaction with a total value in excess Of f Iyl:11LIMINd 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 fir no consideration to the political subdivision; and 2. The dale"Ind the identities of the parties to each transaction known to the person with a total value in excess of,live hundred dollars, il'any, that any husiness enlity in which such person had a substantial interest,had with the political subdivision. other than payment of any tax, fec or penalty due to the political subdivision or transactions involving payment for providing utility service to the political subdivision, and other than Iransfers liar no consideration to the political subdivision. a. The city administratorand the chief purchasingagem officer also shall disclose by May I fix the previous calendar year the following itilorntation: a. 'file mane and address ofcach of•the employers ofsuch person groin whom income 01'0111C thousand dollars or more was received during the year covered by the sLUenient: h. The mine 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 ofcach partnerorcoparticipant loreach partilcrsltip or•.joirtt venture unless such Wallies and addresses are filed by the partnership o1 joint venture with the secretary of state; the name, address and general nature of the business conducted of any closely held collmration or limited partnership in which the person owned ten percent or more ofany class of the outstanding;stock or limited partners'units;and Substitute,passed as Amended 4-15-03 the name ol'any publicly traded corporation or limited partnership that is listed on a regulated stock exchange or automated quotation system in which the person owned t\!ro percent or more orimy 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 ofa director, o1'liccr or receivcr. ED. I.dint of twits. The reports, in the Format of a signed letter shall he filed with the stntcrthies id-the city clerk. The reports shall lye available Ior public inspection and copying during normal business hours, FE. When i=iled. The financial lie filed aI the following times. but no person is required to the more than one financial interest statement ire ally calendar year: I. Each person appointed to office rcgmred tr-t'rk-,rthc+-Tmctnt iiitemst stmenmilt shall file the statement within thirty days of'such appointment or employment, ?. 1-livery person required to file a financial interest statement shall file the statement annually not later than May I 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 a1•ter December 31 of the covered year until the(late ol'tiling oi'the financial interest statement. 6F. F ilirm of'Ordinance. The city clerk shall scad a certified copy ol'this ordinance to the{Yec-retmq crf-State's(3ffice Missouri Ethics Commission within ien drys of its adoption. Section 2. This Ordinance shall be in full force and effect from and after the date of its passage and approval and shall remain in effect until arnended or repealed by the city council, Passed: Approved: _ Presiding Officer Mayor ATTEST: APPROVED AS TO FORM: City Clerk City Counselor Cr•Myfiln'Council UrJinaucr+?IN):•1•r•r;uhv gioaci ac umrndr,l.��{hl I�r• 1` �f � _ � �.�y Memo To: Members of the City COLInCII From: Mayor Toni Rackers Concurrence: Mayor John Landwehr Date: April 30, 2003 Re: Veto Message for Bill 2002- 144 Under the authority vested in tills office as Mayor and under the Charter of the City of Jefferson, Missouri, I hereby exercise my veto power under Article 3, Section 3.1 1 (g) and veto Bill 2002-144- Pertaining to Personal Financial Disclosure. As required by Charter, this message is being delivered to the Council prior to the commencement of the meeting on May 5, 2003. 1 hereby veto Bill 2002-144 pertaining to Personal Financial Disclosure. At the time Bill 2002-144 was passed, I was presiding officer and Mayor. Pursuant to the powers vested In me and my office, 1 hereby veto Bill 2002.144 for the following reasons. The last amendment to the bill contains vague and undefined terms and prohibitions that prevent a reasonable person from determining the meaning and scope of this very critical legislation. Specifically, the term "money relationship" is not clear, and the scope of this undefined term extends not only to present relationships but also relationships far into the past, and to relationships that are not even personal to the office holder. For example, if an accountant's partner prepared a tax return ten years ago, the accountant may be disqualified. If Councilman Smith laid a brick on a construction project 15 years ago, he may be disqualified. If Councilman Groner's company leases property to the State of Missouri, he may not be able to vote on any matter involving the State of Missouri. None of these results Is appropriate. The City Council has at various times during my administration experienced internal conflicts and disruption. This demeans our system of government and takes energy away from Important matters. Bill 2002-144 will be a continuing source of antagonism and disruption as Council members challenge each other with alleged conflicts, arguing again and again over how the language should be interpreted. Individuals mlght be tempted to file complaints at the State Ethics Commission, generating still more personal defenses and attacks. 1 I also note that after months of discussion and debate, and extensive discussions within a committee formed for the task, the amendment was produced by way of a handwritten memo circulated literally minutes before the vote, thereby depriving the public, staff and other Council members of an opportunity to evaluate the proposal. have asked Mayor Landwehr if he would be willing to sit down with members of the Council and craft clear language to accomplish the goal of the amendment, and the biil as a whole. He has indicated he would do so h»medlately If asked. In conclusion, neither the process by which the bill was passed, nor the final result is a benefit to the Council or the City as a whole. "' Thomas P. Rackers Mayor I, John Landwehr, newly elected Mayor of the City of Jefferson, do hereby concur with the above veto message. john Landwehr Mayor bks cc: Rich Mays, City Administrator