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Legislation #: 090686 Introduction Date: 8/6/2009
Type: Ordinance Effective Date: 8/23/2009
Sponsor: COUNCILMEMBERS JOHNSON, GOTTSTEIN AND SHARP
Title: Amending Chapter 2, Administration, Article VII, Officers and Employees, Division 2, Code of Ethics of the Code of Ordinances, by enacting a new Section 2-1011.5, Definitions, which includes a term defining “confidential information” and enacting a new Section 2-1023, relating to confidential information.

Legislation History
DateMinutesDescription
8/5/2009 Filed by the Clerk's office
8/6/2009 Referred to Finance and Audit Committee
8/12/2009 Advance and Do Pass as a Committee Substitute, Consent
8/13/2009 Passed as Substituted
8/13/2009 Councilmember Sharp Move to Reconsider
8/13/2009 Councilmember Sharp Move to Amend
8/13/2009 Passed As Third Substitute and Amended
8/27/2009 Councilmember Johnson Move to Amend
8/27/2009 Passed As Substituted And Further Amended

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090686.pdf Authenticated 197K AUTHENTICATED
090686 fact sheet.xls Advertise Notice 46K fact sheet
http://kansascity.granicus.com/ViewSearchResults.php?view_id=2&keywords=090686 Advertise Notice 0K http://kansascity.granicus.com/ViewSearchResults.php?view_id=2&keywords=090686

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COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 090686, AS FURTHER AMENDED

 

Amending Chapter 2, Administration, Article VII, Officers and Employees, Division 2, Code of Ethics of the Code of Ordinances, by enacting a new Section 2-1011.5, Definitions, which includes a term defining confidential information and enacting a new Section 2-1023, relating to confidential information.

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section 1. That Chapter 2, Administration, Article VII, Officers and Employees, Division 2, Code of Ethics of the Code of Ordinances, is hereby amended by enacting a new section, Section 2-1011.5. Definitions, to read as follows:

 

Section 2-1011.5. Definitions.

 

As used in this division, the following terms shall have the following meanings unless it is apparent from the context that a different meaning is intended:

Board means any appointive board or commission or other appointive body or authority of the City established by Charter, ordinance or resolution.

Board member means a regular or alternate member of a board appointed by the Mayor or Council.

Confidential information means information which is not available to the general public under applicable laws, ordinances, and regulations and which is obtained by reason of the elected official's, board member's, or employee's position with the City. In the event the information is in written form, the document containing said information shall be marked "confidential." If the document is not so marked, the information contained therein shall not be deemed to be confidential information under this Code of Ethics. Any person creating or disseminating a document containing information of a confidential nature shall be responsible for marking the document as "confidential."

Conflict of interest means a personal interest of an elected official, board member, employee or any relative of the foregoing which interferes with or influences, or may interfere with or influence, or which may reasonably be perceived by the public as interfering with or influencing, the conduct of the duties or the exercise of the powers of the elected official, board member or employee on behalf of the City.

Contract means any arrangement or agreement pursuant to which any material, service or other thing of value is to be furnished to the City for valuable consideration to be paid by the City or is to be sold or transferred by the City, provided the amount involved is more than one hundred dollars ($100.00).

Councilmember means any member of the City Council.

Direct financial interest means any interest by which a person, his or her relative, or his or her designee business association could gain or lose money or anything of value other than as may naturally accrue generally to all residents of the City by reason of such residence in the City.

Elected official means the Mayor or any Councilmember.

Employee means any person employed by the City on a full-time or part-time basis and does not include independent contractors.

Interest means a pecuniary, property, or commercial interest, or any other interest the primary significance of which is economic gain or the avoidance of economic loss to an elected official, board member, his or her relative, or his or her designee; provided, however, that "interest" shall not include any matter involving the common public good or necessity, or any matter in which a similar benefit is conferred to all persons or property similarly situated; and further, that ownership individually or in a fiduciary capacity of any securities, or of any beneficial interest in securities, of a corporation shall not be deemed to create an "interest" in the corporation unless the aggregate amount of such securities, or interest in such securities, amount to five percent (5%) or more of any class of the securities of the corporation then outstanding or constitutes a controlling interest in the corporation.

Relative means the spouse or the minor child of an elected official, board member or employee.

Section 2. That a new section, Section 2-1023, Confidential information, is hereby enacted, to read as follows:

 

Sec. 2-1023.  Confidential information.

 

(a) No elected official, board member or employee shall disclose any confidential information to persons not entitled to such information, provided, however, that any person may disclose confidential information:

 

(1) if the City Council authorizes such disclosure upon an affirmative vote by a majority of the members of the city council present at a properly convened and authorized meeting of the council; or

 

(2) pursuant to a final order of a court; or

 

(3) pursuant to a final judicial determination that information conveyed or received at any executive session was improperly classified as confidential.

 

(b) No person attending a properly convened and authorized executive session shall disclose to any person not in attendance at the executive session or not entitled to be in attendance at the executive session any confidential information which was made or received by any person present in the executive session and which is related to the topic(s) for which any such properly convened and properly authorized executive session was called. During the course of any executive session, any member may ask the members of the city council who are present for the executive session to allow disclosure of any confidential information from the executive session, but such disclosure shall be authorized only upon an affirmative vote by a majority of those members of the city council attending the executive session and entitled to vote. The provisions of this section shall not prohibit the disclosure of any information made or received after the matters discussed at the executive session and to which the information pertains have been lawfully released to the public. The provisions of this section shall apply to any person entitled to be in attendance at an executive session and who is later informed of the discussion at the executive session. The provisions of this section shall not apply to any person whose claim, employment or contract is the subject of the executive session.

 

(c) No person may attend an executive session at which a topic is to be discussed which creates a conflict of interest for that person, nor shall that person be entitled to the minutes of the executive session.

(d) It is the expectation of the city council that members of the city council and other persons authorized to be present at properly convened and authorized executive sessions will refrain from disclosure of confidential information received at such executive sessions, subject to the right of any person attending such executive session to obtain a judicial determination of the matter.

 

(e) Failure to mark any document "confidential" shall have no effect on the status of the document as an open or closed record under the Missouri Open Records Act.

 

_____________________________________________

 

Approved as to form and legality:

 

 

___________________________________

Heather A. Brown

Assistant City Attorney