SECOND COMMITTEE SUBSTITUTE FOR ORDINANCE NO.
961048
Reaffirming the establishment of the City's method of
disclosing potential conflicts of interest and substantial interests, pursuant
to State law; amending and reenacting Sections 2-1017 and 2-1020; and directing
the City Clerk to send a certified copy of this ordinance to 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
WHEREAS, to implement local controls, an ordinance
must be passed every two years, by September 15; and
WHEREAS, the City first enacted local controls in
1991 by Third Committee Substitute for Ordinance 900515, as Further Amended
(which enacted Section A7.26 of the former Administrative Code) and Committee
Substitute for Ordinance 911022, as Amended; and
WHEREAS, local controls were adopted for members of
boards and commissions by the passage of Second Committee Substitute for
Ordinance 951320 in 1996; NOW, THEREFORE,
BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:
Section 1. Reaffirmation of Financial Disclosure
Rules. That the Mayor and Council reaffirm the establishment of the City's
local controls of disclosure of potential conflicts of interest and substantial
interests imposed by section 2-1017 and section 2-1020, Code of Ordinances.
Section 2. Local Financial Disclosure Rules. That
Sections 2-1017 and 2-1020 are repealed and are hereby reenacted as follows: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 $100.00 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. License, patients, 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 $100.00 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.
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Sec. 2-1020. Annual financial disclosure.
(1) 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.
(2) Disclosure to the Supreme Court. Judges of the
Kansas 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.
(3) Disclosure to the City Clerk. Members of all
boards and commissions and designated contractors of the City 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:
a. Employers who are contractors and/or suppliers
of City of Kansas City, Missouri, and from whom the appointee
received income of $10,000.00 or
more during the period covered by the report;
b. Each sole proprietorship who are contractors
and/or suppliers of City of Kansas City, Missouri, owned by
appointee;
c. Each general partnership and joint venture who
are contractors and/or suppliers of City of Kansas City, Missouri,
and in which the appointee is a
partner or participant;
d. Each closely-held corporation or limited
partnership who are contractors and/or suppliers of City of Kansas
City, Missouri, and in which the appointee
owns ten percent (10%) or more of any class
of the outstanding stock or
units;
e. Each publicly-traded corporation or limited
partnership who are contractors and/or suppliers of City of Kansas
City, Missouri, and which is listed on a
regulated stock exchange or automated
quotation system in which the
appointee owns two percent (2%) or more of
any class of outstanding stock,
units or other equity interests;
f. Miscellaneous income of $9,999.99 or more from
any single source who are contractors and/or suppliers to City of
Kansas City, Missouri, and not
otherwise included in the report;
g. Each corporation who is a contractor and/or
supplier to City of Kansas City, Missouri, and in which the
appointee served as a director, officer or receivers;
h. Each not-for-profit corporation, association,
organization or union in which the appointee served as an officers,
director, employee or trustee, except
church, fraternal or service organizations
where no pay was received; and
i. Spouse and children who were employed by the
City of Kansas City, Missouri, and what department they worked for.
j. Real property owned and/or managed in whole or
in part by member, spouse or dependent children within corporate
boundaries.
(4) Boards 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:
a. Board of Trustees of City Trusts b.
Board of Zoning Adjustment c. Building and Fire Code Board of
Appeals d. City Plan Commission e. Community Video Advisory
Board f. Employees Retirement System Board of Trustees g.
Environmental Management and Waste Minimization h. Firefighters Pension
System Board of Trustees i. Liquor Control Board of Review j.
Special Review Boards, including Main Street Special Review Board k.
Municipal Art Commission l. Neighborhood Tourist Development Fund
Committee m. Parks and Recreation Board of Commissioners n.
Municipal Ethics Commission o. Property Maintenance Appeals Board
p. Public Improvement Advisory Committee q. Taxicab Code Advisory
Board r. Landmarks Commission
(5) 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:
a. Economic Development Corporation b.
Planned Industrial Expansion Authority c. Land Clearance for Redevelopment
Authority d. Tax Increment Financing Commission e. Port
Authority f. 18th and Vine Authority g. Convention and Visitors
Bureau of Greater Kansas City h. Housing Authority Commission i.
Industrial Development Authority j. Land Trust k. Kansas City,
Missouri Assistance Corporation l. Metropolitan Ambulance Services
Trust.
(6) 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.
(7) 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 3. Filing by the City Clerk with the
Missouri Ethics Commission. That the City Clerk is directed to provide a
certified copy of this ordinance to the Missouri Ethics Commission, P.O. Box
1254, Jefferson City, Missouri 65102, within ten days of enactment of this
ordinance.
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Approved as to form and
legality:
__________________________________
City Attorney