Series 110 2009 ORDINANCES/RESOLUTIONS
Section 110-430; Ord. 20393; Amending Chapter 2 of the City Code to reestablish a procedure to disclose potential conflicts of interest and substantial interests for certain City officials
Bill No. B 242-09
amending Chapter 2 of the City Code to reestablish a procedure to disclose potential
interest and substantial interests for certain City officials; directing the City Clerk to send a
certified copy of this ordinance to the Missouri Ethics Commission; and fixing the time when
this ordinance shall become effective.
WHEREAS, the City of Columbia has adopted its own conflict
of interest and financial
disclosure procedures which are set forth in Chapter 2 of the Code of Ordinances of the City of
Columbia, Missouri; and
WHEREAS, Section 105.485 RSMo requires political subdivisions
which adopt their own
conflict of interest and financial disclosure procedures to adopt such procedures biennially; and
WHEREAS, the City Council desires to retain the procedures
in the current ordinance without
NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
COLUMBIA, MISSOURI, AS FOLLOWS:
SECTION 1. Chapter 2 of the Code of
Ordinances of the City of Columbia, Missouri, is
hereby amended by repealing Sec. 2-53.1, Sec. 2-125.1 and Sec. 2-125.2 and adopting in lieu
thereof three new sections identical to the repealed sections to read as follows:
Sec. 2-53.1. Disclosure of interests; abstentions.
(a) Every council member who has a
substantial personal or private interest in any bill or
measure proposed or pending before the council shall file a written report of the nature of the
interest with the city clerk. The city clerk shall record the statement in the council minutes. A
council member who has a substantial personal or private interest in any bill or measure pending
before the council shall disqualify himself from voting on any matter relating to such interest.
(b) The following definitions apply
to this section:
Business entity. A corporation, association, firm, partnership, proprietorship, or business
entity of any kind or character.
Dependent child. All children, stepchildren, foster children and wards under the age of
eighteen (18) residing in the person s household and who receive in excess of fifty (50) percent
of their support from the person.
Substantial interest. Ownership by the individual, the individual s spouse or the
dependent children, whether singularly or collectively, directly or indirectly, of ten (10) percent
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
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
. . .
Sec. 2-125.1. Disclosure reports.
(a) Each member of the council, the
city manager, the head of the purchasing division and
the city counselor shall disclose, in writing, the following information by May 1 of each year,
beginning in 1992, if any such transactions were engaged in during the previous calendar year:
(1) For such person, and all persons
within the first degree of consanguinity or affinity of
such person, the date and the identities of the parties to each transaction with a total value in
excess of five hundred dollars ($500.00), 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 for no consideration to the
political subdivision; and
(2) The date and identities of the
parties to each transaction known to the person with a total
value in excess of five hundred dollars ($500.00), if any, that any business entity in which such
person had a substantial interest, had with the political subdivision, other than payment of any
tax, fee or penalty due to the political subdivision or transactions involving payment for
providing utility service to the political subdivision, and other than transfers for no consideration
to the political subdivision.
(b) The city manager and the head
of the purchasing division shall disclose, in writing, by
May 1 of each year, beginning in 1992, the following information for the previous calendar year:
(1) The name and address of each of
the employers of such person from whom income of
one thousand dollars ($1,000.00) or more was received during the year covered by the statement;
(2) The name 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 of each partner or coparticipant for
each partnership or joint venture unless such names and addresses are filed by the partnership or
joint venture with the secretary of state; the name, address and general nature of the business
conducted of any closely held corporation or limited partnership in which the person owned ten
(10) percent or more of any class of the outstanding stock or limited partnership units; and the
name of any publicly traded corporation or limited partnership that is listed on a regulated stock
exchange or automated quotation system in which the person owned two (2) percent or more of
any class of outstanding stock, limited partnership units or other equity interests;
(3) The name and address of each corporation
for which such person served in the capacity
of a director, officer or receiver.
(c) The definitions set forth in section
2-53.1 shall apply to this section.
Sec. 2-125.2. Filing of disclosure reports.
(a) The disclosure reports required
by section 2-125.1 shall be filed with the city clerk and
shall be available for public inspection and copying during normal business hours. Copies of the
disclosure reports shall also be filed with the Missouri Ethics Commission.
(b) The disclosure reports shall be
filed at the following times, but no person is required to
file more than one (1) disclosure report in any calendar year:
(1) Each person appointed to office
shall file the report within thirty (30) days of such
appointment or employment.
(2) Every other person required to
file a disclosure report shall file the report annually not
later than May 1 and the report shall cover the calendar year ending the immediately preceding
SECTION 2. The City Clerk shall send
a certified copy of this ordinance to the Missouri
Ethics Commission s office within ten days of its passage.
SECTION 3. This ordinance shall be
in full force and effect from and after its passage.
PASSED this 17th day of August, 2009.