ORDINANCE NO. 030924
Amending Chapter 2, Code
of Ordinances, by repealing Sections 2-1017, Acceptance of gifts, and 2-1020,
Annual financial disclosure, and enacting in lieu thereof new sections of like
number and subject matter, and directing the City Clerk to file a copy of this
ordinance before September 15, 2003, with the Missouri Ethics Commission.
WHEREAS, Section
105.485.4, RSMo, permits the City to adopt legislation establishing a method of
disclosing potential conflicts of interest and substantial interests and requires
that such be done at least biennially; NOW, THEREFORE,
BE IT ORDAINED BY
THE COUNCIL OF KANSAS CITY:
Section 1. That
Chapter 2, Code of Ordinances of the City of Kansas City, Missouri, is hereby
amended by repealing Sections 2-1017, Acceptance of gifts, and 2-1020, Annual
financial disclosure, and enacting in lieu thereof new sections of like number
and subject matter, to read as follows:
Sec. 2-1017. Acceptance
of gifts.
(a) Unless the
context specifically indicates otherwise, the following terms as used in this
section are defined as follows:
(1) Gift means anything of more
than $200.00 of value given to a person at one time, whether tangible or
intangible, which would reasonably be considered of worth, use or service to
the person to whom it is conferred.
a. It
includes but is not limited to:
1. Money.
2. Products
or merchandise.
3. Works
of art or collectibles.
4. Stocks,
bonds, notes or options.
5. An
interest in real property.
6. Contracts
or a promise of a future interest in a contract.
7. An
interest or a promise of a future interest in a business.
8. Meals,
beverages or lodging.
9. Transportation
for noncity purposes.
10. Services,
including loaned employees.
11. Loans,
loan guarantees, cosigning.
12. Forgiveness
of a debt.
13. Discounts
or rebates not extended to the public generally.
14. Preferential
treatment.
15. Tickets
or admissions.
16. Free
or discounted use of office facilities.
17. Loan
of office equipment.
18. Promise
or offer of present or future employment.
19. Use of
autos, boats, apartments or other recreational or lodging facilities.
20. Intangible
rights such as cause of action.
21. Licenses,
patents, copyrights or any interest therein.
22. Any
other items tangible or intangible having economic value.
b. A
gift for purposes of this section does not include:
1. Gifts
from any immediate family member, parent, emancipated child, grandparent,
grandchild, parent-in-law, brother-in-law, sister-in-law, nephew, niece, aunt,
uncle, great uncle, great aunt, first cousin, second cousin, or the spouse of
any of these persons.
2. Campaign
contributions which are reported under RSMo ch. 130, as amended.
3. Contributions
to any cause or organization, including a bona fide charity, made in response
to a direct solicitation from an officer or employee.
4. Wages
or salary paid for work or services from employment reported under former
Administrative Code section A2.11.
5. Compensation
paid for goods or services to self-employed individuals.
c. A gift or gifts
totaling in value more than $200.00 given to the officer or employee or a
member of his or her immediate family at the same or substantially the same
time shall be deemed a single gift to the officer or employee.
(2) Immediate
family member means a spouse or unemancipated child.
(3) Officer or employee of the city
means any elected or appointed officer or employee of the city.
(4) Substantial interest in
legislative or administrative action means persons or organizations which:
a. Are
regulated by the city;
b. Provide
goods and services to the city for compensation or profit;
c. Seek
employment with the city or any agency thereof;
d. Will be directly
and substantially affected, either financially or personally, by any
contemplated legislative or administrative action; or
e. Have or seek
contracts for goods or services with any department or agency of the city.
(b) No officer
or employee of the city or an immediate family member of such person shall knowingly
accept any gift from any person or business entity having a substantial
interest in any legislative or administrative action of the city unless such
gift is disclosed as required in this section.
(c) Any officer
or employee of the city and any officer or employee of the city upon behalf of
any immediate family member receiving a gift as defined in this section shall
report such gift within 30 days after receipt of such gift on forms as provided
to the city auditor. All such reports shall be considered public records.
(d) Any officer
or employee required to file a financial interest statement under section
2-1020 shall be exempt from the filing requirement of this section.
Sec. 2-1020. Annual
financial disclosure.
(a) Disclosure
to Missouri Ethics Commission. Members of the council, including the mayor, the
city manager and assistants, the city clerk, the city auditor, the commissioner
of purchases and supplies, the city attorney, and the directors of all
departments of the city, shall file financial statements with the city clerk
and the Missouri Ethics Commission in conformance with Chapter 105 of the
Revised Statutes of Missouri.
(b) Disclosure
to the supreme court. Judges of the city municipal division of the circuit
court shall file disclosure reports required of judges by the Supreme Court of
Missouri, and will not be required to duplicate filings with the Missouri
Ethics Commission or the city clerk.
(c) Disclosure
to the city clerk. Members of all boards and commissions and designated
contractors of the city, except members and contractors who are required to
file a financial disclosure statement under subsection (a) of this ordinance,
shall file an annual financial disclosure report on a form provided by the city
clerk, which shall provide the following information before May 1 of each year:
(1) Employers who are contractors
and/or suppliers of the city, and from whom the appointee received income of
$10,000.00 or more during the period covered by the report;
(2) Each sole proprietorship who
are contractors and/or suppliers of the city, owned by appointee.
(3) Each general partnership and
joint venture who are contractors and/or suppliers of the city, and in which
the appointee is a partner or participant;
(4) Each closely-held corporation
or limited partnership who are contractors and/or suppliers of the city, and in
which the appointee owns ten percent or more of any class of the outstanding
stock or units;
(5) Each publicly-traded
corporation or limited partnership who are contractors and/or suppliers of the
city, and which is listed on a regulated stock exchange or automated quotation
system in which the appointee owns two percent or more of any class of
outstanding stock, units or other equity interests;
(6) Miscellaneous income of
$9,999.99 or more from any single source who are contractors and/or suppliers
to the city, and not otherwise included in the report;
(7) Each corporation who is a
contractor and/or supplier to the city, and in which the appointee served as a
director, officer or receivers;
(8) Each not-for-profit
corporation, association, organization or union in which the appointee served
as an officer, director, employee or trustee, except church, fraternal or
service organizations where no pay was received; and
(9) Spouse and children who were
employed by the city, and what department they worked for.
(10) Real property owned and/or
managed in whole or in part by member, spouse or dependent children within
corporate boundaries.
(d) Board and
commissions defined. Members of boards and commissions required to file annual
financial disclosure reports with the city clerk shall include those persons
who are members of the following boards and commissions:
(1) Board
of trustees of city trusts.
(2) Board
of zoning adjustment.
(3) Brownfields
commission.
(4) Building
and fire code board of appeals.
(5) City
plan commission.
(6) Community
video advisory board.
(7) Employees
retirement system board of trustees.
(8) Environmental
management commission.
(9) Fairness
in city contracts board.
(10) Fairness
in construction board.
(11) Firefighters
pension system board of trustees.
(12) Human
rights commission.
(13) Liquor
control board of review.
(14) Special
review boards, including Main Street Special Review Board.
(15) Municipal
art commission.
(16) Neighborhood
tourist development fund committee.
(17) Parks
and recreation board of commissioners.
(18) Municipal
ethics commission.
(19) Property
maintenance appeals board.
(20) Public
improvement advisory committee.
(21) Taxicab
code advisory board.
(22) Landmarks
commission.
(e) Designated
contractors defined. Members of designated contractors shall be required by
contract with the city to file annual financial disclosure reports with the
city clerk, and shall include those persons who are members of the following
bodies:
(1) Economic
development corporation.
(2) Planned
industrial expansion authority.
(3) Land
clearance for redevelopment authority.
(4) Tax
increment financing commission.
(5) Port
authority.
(6) 18th
and Vine Authority.
(7) Convention
and Visitors Bureau of Greater Kansas City.
(8) Housing
authority commission.
(9) Industrial
development authority.
(10) Land
trust.
(11) Kansas
City, Missouri, Assistance Corporation.
(12) Metropolitan
ambulance services trust.
(f) Time for
filing by members of boards and commissions. The first disclosure report
required of members of boards and commissions shall be filed with the city
clerk prior to being sworn in. An annual revised disclosure report shall be
filed by May 1 of each calendar year. Failure to file the report by June 1 of
each year shall be deemed a tender of resignation by the member failing to file
which resignation shall be deemed accepted as of June 1 of the respective year.
(g) Time for
filing by members of designated contractors. The first disclosure report
required of members of designated contractors shall be filed with the city
clerk within 30 days of the execution of the contract requiring disclosure. If
the contract extends beyond one year, an annual revised disclosure report shall
be filed by May 1 of each calendar year during which the contract exists.
Section 2. That
the City Clerk will file a copy of this ordinance with the Missouri Ethics
Commission prior to September 15, 2003.
___________________________________________________________
Approved
as to form and legality:
______________________________
Assistant
City Attorney