Chapter 25 — Procurement, Conflict of Interest
Subchapter A — General Provision
25.010. (0RD # 3-99) Purchase of property and services and sale of property. The city may purchase property or services as directed and approved by the city council, and the city may sell any property as directed and approved by the city council.
25.020. (ORD # 3-99) Bids. If the city council determines to take bids for the purchase or sale of property or services, the city council may accept or reject any bid in its sole discretion.
25.030. Conflict of interest. No officer or employee of the City shall transact any business in his official capacity with any business entity of which he is an officer, agent or member or in which he owns a substantial interest; nor shall he make any personal investments in any enterprise which will create a substantial conflict between his private interest and the public interest; nor shall be or any firm or business entity of which he is an officer, agent or member, or the owner of substantial interest, sell any goods or services to any business entity which is licensed by or regulated in any manner by the City.
25.040. Same, officers and employees not to deal with certain entities. No officer or employee of this City shall enter into any private business transaction with any person or entity that has a matter pending or to be pending upon which the officer or employee is or will be called upon to render a decision or pass judgment. If any officer or employee is already engaged in the business transaction at the time that a matter arises, he shall be disqualified from rendering any decision or passing any judgment upon the same.
25.050. Same; penalties. Any person who violates the provisions of Section 25.030 or Section 25.040 shall, upon conviction thereof, be punished as provided in Chapter 13 of this Code.
25.060. Gifts and rebates. The city clerk and every other officer and employee of the City are expressly prohibited from accepting, directly or indirectly, from any person, company, firm or corporation to which any purchase order or contract is, or might be awarded, any rebate, gift, money or anything of value whatsoever, except where given for the use and benefit of the City. Violation of the provisions of this Section shall upon conviction thereof be punished as provided in Chapter 13 of this Code.
25.070. (ORD. # 09-05) Competitive bidding. Prior to entering into any contract in excess of Five Thousand Dollars ($5,000.00) for any projects, repairs or services to be provided to the City of Holden or done on behalf of the City of Holden, the city council shall seek competitive bids from interested providers of said projects, repairs or services. All competitive bids shall be sealed upon receipt. All bids for such projects, repairs or services shall be sought by placing an advertisement in a local newspaper informing the general public that the City is seeking such bids. (ORD. # 1405). This ordinance shall not be interpreted or construed in a manner that would prohibit the Mayor of Holden from expending city resources to protect the City’s property or citizenry.
25.180. (ORD # 01-02) Requiring the use of purchase orders.
- All expenditures made by any department of the City exceeding
$250.00 must be documented with a purchase order, and approved and signed by the applicable department head and City Council committee person assigned to that department.
- Expenditures in excess of a department’s budget are not permitted except upon approval of the City Council.
- The Mayor may authorize purchases exceeding $25.00 in emergencies. If the Mayor uses his authority under this section, the Mayor shall advise the City Council of such action and the reason therefore at the next council meeting and a record of such action shall be recorded in the council minutes.
(ORD # 17-02)
Subchapter C — Disclosure of Conflicts of Interest and Financial Interests
25.500. Declaration of Policy. The proper operation of government requires that public officials and employees be independent, impartial and responsible to the people; that government decisions and policy be made in proper channels of the governmental structure; that the public office not be used for personal gain; and that the public have confidence in the integrity of its government. In recognition of these 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.
25.610. Conflicts of Interest.
- All elected and appointed officials as well as employees of a political subdivision must comply with Section 105.454 of Missouri Revised Statutes on conflicts of interest as well as any other state law governing official conduct.
- Any member of the governing body of a political subdivision who has a “substantial or private interest” in any measure, bill, order or ordinance proposed or pending before such governing body must disclose that interest to the secretary or clerk of such body and such disclosure shall be recorded in the appropriate journal of the governing body. Substantial or private interest is defined as ownership by the individual, his spouse, or his dependent children, whether singularly or collectively, directly or indirectly of:
(1) 10% or more of any business entity, or (2) an interest having a value of $10,000 or more; or (3) the receipt of a salary gratuity, or other compensation or remuneration of $5,000 or more, per year from any individual, partnership, organization, or association within any calendar year.
25.620. Disclosure Reports. Each elected official, candidate for elective office, the chief administrative officer, the chief purchasing officer, and the full-time general council shall disclose the following information by May 1, or the appropriate deadline as referenced in Section 105.487, RSMo, if any such transactions occurred during the previous calendar year.
- For any 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, 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.
- The date and the identities of the parties to each transaction known to the person with a total value in excess of five hundred dollars, 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.
- The chief administrative officers, chief purchasing officer, and candidates for either of these positions also shall disclose by May 1, or the appropriate deadline as referenced in Section 105.487, RSMo, the following information for the previous calendar year:
- The name and address of each of the employers of such person from whom income of one thousand dollars or more was received during the year covered by the statement;
- 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 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 percent or more of any class of outstanding stock, limited partnership units or other equity interests;
- The name and address of each corporation for which such person served in the capacity of a director, officer or receiver.
25.630. Filing of Reports.
- The financial interest statements shall be filed at the following times, but no person is required to file more than one financial interest statement in any calendar year;
- Every person required to file a financial interest statement shall file the statement annually not later than May 1 and the statement shall cover the calendar year ending the immediately preceding December 31; provided that any member council may supplement the financial interest statement to report additional interests acquired after December 31 of the covered year until the date of filing of the financial interest statement.
- Each person appointed to the office shall file the statement within thirty days of such appointment or employment covering the calendar year ending the previous December 31;
- Every candidate required to file a personal financial disclosure statement shall file no later than fourteen days after the close of filing at which the candidate seeks nomination or election or nomination by caucus. The time period of this statement shall cover the twelve months prior to the closing date of filing for candidacy.
- Financial disclosure reports giving the financial information required in Section 3 shall be filed with the local political subdivision and with the Missouri Ethics Commission. The reports shall be available for public inspection and copying during normal business hours.
25.640. Filing of Ordinance. A certified copy of this ordinance, adopted prior to September 15th, shall be sent within ten days of its adoption to the Missouri Ethics Commission.
25.650. (ORD # 03-07) Effective Date. This ordinance shall be in full force and effect from and after August 8,2006 and shall remain in effect for two years from the date of passage.