Board Members City of Springfield, Missouri November 1996
Prepared By:
Law Department, City of Springfield, 840 Boonville Avenue,
P.O. Box 8368,
Springfield, Missouri 65801-8368
Telephone: (417) 864-1645
TABLE OF CONTENTS I. INTRODUCTION
II. TYPES OF BOARDS
A. Administrative
Boards
B. Advisory Boards
C. Quasi-Judicial Boards
D. Limited Not-for-Profit
Corporations
E. Special Purpose Districts or Boards Provided for by State
Law
III. OBTAINING AN ADVISORY BOARD OPINION
IV. PERCEPTION OF CONFLICT OF INTEREST
V. PENALTIES
VI. CONCLUSION
APPENDIX A: Article VII, Section 8 of the Constitution
of the State of Missouri
APPENDIX B: Sections
105.452, 105.454 and 160.010 of Revised Statutes of Missouri (1994)
APPENDIX
C: Sections 15.5, 16.5 and 19.16 of Springfield City Charter
APPENDIX
D: Chapter 2, Article IV, Section 2-34 of Springfield City Code
APPENDIX
E: Examples of Conflict of Interest
CERTIFICATION
I. INTRODUCTION -- table
of contents
Thank you for agreeing to serve the citizens of Springfield
as a volunteer appointee. Your time and commitment help make this a good community.
Your contribution is deeply appreciated. We are eager to help you. The City of
Springfield has 24 volunteer boards serving the citizens of Springfield. Just
as boards have carefully defined responsibilities, individual board members have
obligations that must be understood clearly. This handbook is provided to help
guide your actions and to protect your integrity and that of the City's
governing bodies. If you have any question, please ask for advice before you act.
Oath of office helps you and citizens to build trust. Each volunteer board
member swears to an oath upon being appointed and agrees to uphold the obligations
of the office. One is to avoid any "conflict of interest" that betrays public
trust. Another is to conduct all the City's deliberations in public, except in
rare exceptions provided specifically for by Missouri's open meetings law. Building
public confidence in all that you do is as important as anything else you do.
Missouri's Conflict of Interest laws and the ordinances and policies of the
City of Springfield protect you and the public. Simply put, avoid any decision
or discussion that compromises your or the City's integrity in the eyes of the
public. If it seems wrong, ask for advice.
Inadvertent, seemingly innocent,
actions in government can be construed as intentional and harmful. Perceptions
often can be as damaging as reality in the eyes of the public. Our goal in offering
these guidelines is to avoid any hint of conflict that may be hurtful to you,
your fellow board members, to our community and its citizens.
On the
last page of this handbook is a statement you are asked to sign that says you
understand and agree to uphold your commitment to the citizens of Springfield--and
to yourself.
Common sense is the best guide, but when in doubt, ask for
help.
Conflict of interest violations can be sensitive and even inadvertent.
Common sense is a good guide. No handbook can anticipate every situation or question.
When in doubt, ask for the advice of the Law Department. Asking does not
relieve you of obligation, but it offers professional help from those who know
the law. By asking, you demonstrate good faith so long as you follow the advice
you receive.
II. TYPES OF BOARDS --
table of contents
There are a variety of
volunteer boards. Some are administrative. Others advise or serve a judicial function.
These boards make binding judgments that affect others. Others serve not-for-profit
corporations and make business and policy decisions. The City Council may choose
to appoint citizens to serve on a special-purpose board to give a recommendation
on a specific issue. Other boards are created by state law.
Conflict
of interest rules may apply differently to boards depending on their purpose.
The following explanations are summaries. The full texts follow for your review.
It is important to understand special rules that may apply to the board upon which
you serve.
A. Administrative Boards
The four
Administrative Boards of the City of Springfield are Parks, Airport, Art Museum,
and the Board of Public Utilities. Each of these "charter" boards operates under
Articles XV (15) and XVI (16) of the Springfield City Charter and are different
from all other City boards in that they hire employees, acquire materials and
supplies, and enter into contracts.
The following rules apply to Administrative
Board members. No member shall:
1. Have a financial interest in business dealings
with the board on which the member serves. See Sec. 19.16, Springfield City Charter.
2. Participate in any business with the board on which the member serves when
it involves a dependent child or spouse if it is in excess of five hundred dollars
($500) value per annum unless the transaction is pursuant to an award made to
the lowest competitive bidder after public notice. See Subsection 105.454(3) Revised
Statutes of Missouri (1994).
3. Name or appoint any relative as an employee
of the board who is related by blood or marriage if the relative is within the
fourth degree. See Article VII, Section 8 of the Constitution of the State of
Missouri, 1945.
4. Be employed by the board on which the member serves for
a period of one year after leaving the board. See Sec. 15.5, Springfield City
Charter.
5. Grant or make available to any person any advantage or favor beyond
that which it is the general practice to make available to the public at large.
Section 2-34(c)1.A, Springfield City Code.
6. Permit the use of publicly
owned or supported property or services for the personal convenience or advantage
of the board member or any other person except when it is the general practice
of the board to make this available to the public at large or when it is the policy
of the board to make this available for the use of public officials in the conduct
of their official business. Section 2-34(c)1.B, Springfield City Code.
Members of the Board of Public Utilities cannot be a candidate or hold any other
public office. See Sec. 16.5 of the Springfield City Charter.
In addition,
members of Administrative Boards are required to follow all of the rules that
apply to Advisory Boards.
B. Advisory Boards
Advisory Boards give advice. They may also serve a judicial function, holding
them to rules that apply to quasi-judicial bodies. These include the Cable Television
Advisory Commission; the Landmarks Board; the Mayor's Commission on Human Rights;
the Personnel Board; the Planning and Zoning Commission; the Special Business
District Advisory Board; the Springfield/Greene County Environmental Advisory
Board; and the Traffic Advisory Board.
Rules that apply to Advisory Boards
are as follows: No board member shall:
1. Accept money or anything
of value in return for your action or inaction as a board member. See Subsection
105.452(1) Revised Statutes of Missouri (1994).
2. Use confidential information
obtained as a board member to gain financially or to benefit a spouse, a dependent
child, any business or business associate of anyone else. See Subsections 105-452(2)
and (3), Revised Statutes of Missouri (1994).
3. Without prior formal authorization
of the board, disclose any confidential information concerning any official or
employee, or any other person, or any property or governmental affairs of the
board. Springfield City Code Section 2-34(c)2.A.
4. Be paid in any way for
any service in which the board member tries to influence a decision of the board
during his or her term or for another year after the appointment ends. The one
year limitation shall not apply to an adversarial proceeding or the preparation
or filing of a public document. See Subsections 105.454(4) and (5) Revised Statutes
of Missouri (1994).
5. Be paid in any way in office or after leaving office
to influence any case or action of the board in which he or she participated personally.
See Subsections 105.454(5),(6) Revised Statutes of Missouri (1994).
6. Discriminate
in the performance of their duties against anyone because of their race, creed,
color, national origin or ancestry, or because of their sex, age, disability or
religion.
7. Close a public meeting or public record in violation of law.
Meetings should be closed only after being advised to do so by an attorney for
the City. See Sections 610.010 Revised Statutes of Missouri (1994), et seq.
8. Fail to attend three (3) consecutive meetings without a good reason. Springfield
City Code Section 2-34(c)2.B.
9. Be a member of a committee or party that
promotes the candidacy of anyone seeking City office. See Sections 15.5 and 16.5
of the City Charter.
10. Appear on behalf of private interests before the
board on which you are a member; appear or represent private interests in any
action or proceeding against the interests of the board. Springfield City Code
Section 2-34(c)2.C.
11. Accept any valuable gift, whether in the form of service,
loan, thing, or promise, from any person who to his or her knowledge is interested
directly or indirectly in any manner whatsoever in business dealings with the
board on which they are a member; or (1) accept any gift, favor or thing of value
that may tend to influence you in the discharge of your duties, or (2) grant in
the discharge of your duties any improper favor, service or thing of value. Purchase
of a meal for a board member shall not be a valuable gift. The prohibition against
gifts or favors shall not apply to an occasional nonpecuniary gift, insignificant
in value, or an award publicly presented in recognition of public service, or
any gift which would have been offered or given if he or she was not a board member.
Springfield City Code Section 2-34(c)2.D.
C. Quasi-Judicial Boards
Several Boards decide cases and issues in public hearings. Their decisions become
final unless they are appealed to a Missouri Court of Law. In some cases, these
Quasi-Judicial Boards may actually rule on a matter or advise in other instances.
Boards that act in a judicial role include the Board of Adjustment; the Personnel
Board when it considers discipline of an employee; the Planning and Zoning Commission
hearing requests for exceptions to the subdivision ordinance; the Building, Housing
and Craft Appeals Board; the Building Trades Examination and Certification Board;
and the Landmarks Board.
Special rules apply to these boards based on
established law and court decisions. Simply, you are required to be unbiased;
to decide cases based on facts presented; and to allow due process by notifying
and hearing from all those involved. Paragraphs B.1 through B.11 are especially
important.
D. Limited Not-for-Profit Corporations
The City Council has created several not-for-profit corporations that serve a
special public purpose. These include the Public Building Corporation; the Industrial
Development Authority; and the Convention and Visitors Bureau. Each of these corporations
is unique in fulfilling certain duties and responsibilities on behalf of the public.
Members are acting as officers of the City and are subject to the Missouri Conflict
of Interest Rules; discrimination laws, open meeting and public records laws that
apply to the City's Advisory Boards. See Paragraphs B.1 through B.7 already explained.
E. Special Purpose Districts or Boards Provided for by State Law
Missouri law allows the Mayor and City Council to appoint members on special purpose
districts or agencies, such as the Library Board; Land Clearance for Redevelopment
Authority; the Public Housing Authority; the Board of Equalization; and the University
of Missouri Extension Council.
These boards or agencies get their authority
from state law and are not really City boards. They must still follow Missouri
laws on conflict of interest, discrimination, along with open meetings and public
records laws. See Paragraphs B.1 through B.7.
In addition to these rules,
other state laws and rules apply according to the board. Each of these boards
has legal advisors to explain other rules that apply.
III. OBTAINING
AN ADVISORY OPINION -- table
of contents
As a board member, you may ask for advice from the City Attorney's
Office. Indeed, you are encouraged to ask for advice prior to acting or voting
on any matter. You may even ask for advice prior to signing the certification
on the last page of this handbook.
IV. PERCEPTION OF CONFLICT
OF INTEREST -- table
of contents
After receiving advice, you may decide that a situation still
creates a perception that a state law or City ordinance is being violated.
If you think this is the case, you may choose not to vote. Or, you may disclose
something you feel should be known before voting.
Remember that public perceptions
may become reality. Use common sense. If you doubt your ability to vote objectively
in a certain situation, don't do it. If you are present at a closed meeting that
should be open, leave.
A board member shall abstain from participating
and voting on any matter where the board member has a conflict of interest. If
there is no conflict of interest but there may be a perception of a conflict of
interest, a board member may vote if the member has disclosed in the record the
nature of the conflict, otherwise the board member should abstain.
An
example might be if you are employed by a company that has some matter pending
before the board upon which you serve. No legal conflict may exist if you are
not an officer of the company and will not benefit financially by your action.
You may still want to abstain to avoid the perception of a conflict of
interest.
If you decide to vote, it might be wise to disclose publicly
your situation before voting. Even if you abstain, you may want to disclose your
situation in the course of discussing the matter.
Members of Boards are encouraged
to support the decision of the Board but if they take a position against the Board's
position, they should do so as a private citizen and identify themselves as a
private citizen.
Board members should recognize that they will be perceived
by many people as representing the Board in other civic activities. Board members
are encouraged to recognize this situation, and if you feel it necessary to speak
to issues, to clearly establish that it is a personal opinion, and not given as
a Board member.
A final point, however. These rules should not be an excuse
to avoid voting on a difficult or controversial matter when appropriate. Courage
is often required.
V. PENALTIES
-- table of contents
Penalties do apply for failure
to comply with conflict of interest rules. They vary by law, however, and should
be studied individually. They are included in the appendix of this handbook. The
City Council may choose to remove a person from office for failing to observe
these rules.
VI. CONCLUSION
-- table of contents
These rules have been explained
in plain, simple English. The exact rules of Missouri law and Springfield ordinance
are included. Ultimately, the exact language of each law and ordinance must be
used. If you have a question, please do not hesitate to ask, formally or informally.
After you have read this handbook, and have no unanswered questions, please sign
the attached certificate and return it to the Springfield City Clerk's Office.
Public service can be rewarding. We also want to make it clear and understandable.
We thank you sincerely for volunteering as a Citizen of Springfield.
APPENDIX A -- table
of contents
CONSTITUTION OF THE STATE OF MISSOURI
Article
VII, Section 8
Section 8. Qualifications for public office-nonresidents.
No person shall be elected or appointed to any civil or military office in this
state who is not a citizen of the United States, and who shall not have resided
in this state one year next preceding his election or appointment, except that
the residence in this state shall not be necessary in cases of appointment to
administrative positions requiring technical or specialized skill or knowledge.
APPENDIX B -- table
of contents
REVISED STATUTES OF MISSOURI (1994)
Sections
105.452, 105.454 and 160.010
105.452. Prohibited acts by elected and
appointed public officials and employees. No elected or appointed official
or employee of the state or any political subdivision thereof shall:
(1) Act or refrain from acting in any capacity in which he is lawfully empowered
to act as such an official or employee by reason of any payment, offer to pay,
promise to pay, or receipt of anything of actual pecuniary value paid or payable,
or received or receivable, to himself or any third person, including any gift
or campaign contribution, made or received in relationship to or as a condition
of the performance of an official act, other than compensation to be paid by the
state or political subdivision; or
(2) Use confidential information obtained
in the course of or by reason of his employment or official capacity in any manner
with intent to result in financial gain for himself, his spouse, his dependent
child in his custody, or any business with which he is associated;
(3)
Disclose confidential information obtained in the course of or by reason of his
employment or official capacity in any manner with intent to result in financial
gain for himself or any other person;
(4) Favorably act on any matter
that is so specifically designed so as to provide a special monetary benefit to
such official or his spouse or dependent children, including but not limited to
increases in retirement benefits, whether received from the State of Missouri
or any third party by reason of such act. For the purposes of this subdivision
"special monetary benefit" means being materially affected in
a substantially different manner or degree than the manner or degree in which
the public in general will be affected or, if the matter affects only a special
class of persons, then affected in a substantially different manner or degree
than the manner or degree in which such class will be affected. In all such matters,
such officials must recuse themselves from acting and shall not be relieved by
reason of the provisions of section 105.460, except that such official may act
on increases in compensation subject to the restrictions of section 13 of article
VII of the Missouri Constitution; or
(5) Use his decision-making authority
for the purpose of obtaining a financial gain which materially enriches himself,
his spouse or dependent children by acting or refraining from acting for the purpose
of coercing or extorting from another anything of actual pecuniary value.
105.454. Additional prohibited
acts by certain elected and appointed public officials and employees, exceptions.
No elected or appointed official or employee of the state or any political
subdivision thereof, serving in an executive or administrative capacity, shall:
(1) Perform any service for any agency of the state, or for any political
subdivision thereof in which he is an officer or employee or over which he has
supervisory power for receipt or payment of any compensation, other than of the
compensation provided for the performance of his official duties, in excess of
five hundred dollars per annum, except on transactions made pursuant to an award
on a contract let or sale made after public notice and competitive bidding, provided
that the bid or offer is the lowest received;
(2) Sell, rent or lease
any property to any agency of the state, or to any political subdivision thereof
in which he is an officer or employee or over which he has supervisory power and
received consideration therefor in excess of five hundred dollars per year unless
the transaction is made pursuant to an award on a contract let or sale made after
public notice and in case of property other than real property, competitive bidding,
provided that the bid or offer accepted is the lowest received;
(3) Participate
in any matter, directly or indirectly, in which he attempts to influence any decision
of any agency of the state, or political subdivision thereof in which he is an
officer or employee or over which he has supervisory power, when he knows the
result of such decision may be the acceptance of the performance of a service
or the sale, rental, or lease of any property to that agency for consideration
in excess of five hundred dollars value per annum to him, to his spouse, to a
dependent child in his custody or to any business with which he is associated
unless the transaction is made pursuant to an award on a contract let or sale
made after public notice and in the case of property other than real property,
competitive bidding, provided that the bid or offer accepted is the lowest received;
(4) Perform any services during the time of his office or employment for
any consideration from any person, firm or corporation, other than the compensation
provided for the performance of his official duties, by which service he attempts
to influence a decision of any agency of the state, or of any political subdivision
in which he is an officer or employee or over which he has supervisory power;
(5) Perform any service for consideration during one year after termination
of his office or employment, by which performance he attempts to influence a decision
of any agency of the state, or a decision of any political subdivision in which
he was an officer or employee or over which he had supervisory power, except that
this provision shall not be construed to prohibit any person from performing such
service and receiving compensation therefor, in any adversary proceeding or in
the preparation or filing of any public document or to prohibit an employee of
the executive department from being employed by any other department, division
or agency of the executive branch of state government. For purposes of this subdivision,
within ninety days after assuming office, the governor shall by executive order
designate those members of his staff who have supervisory authority over each
department, division or agency of state government for purposes of application
of this subdivision. The executive order shall be amended within ninety days of
any change in the supervisory assignments of the governor's staff. The governor
shall designate not less than three staff members pursuant to this subdivision;
(6) Perform any service for any consideration for any person, firm or corporation
after termination of his office or employment in relation to any case, decision,
proceeding or application with respect to which he was directly concerned or in
which he personally participated during the period of his service or employment.
610.010. Definitions. As
used in sections 610.010 to 610.030 and sections 610.100 to 610.150, unless the
context otherwise indicates, the following terms mean:
(1) "Closed
meeting," "closed record," or "closed vote,"
any meeting, record or vote closed to the public;
(2) "Copying,"
if requested by a member of the public, photocopies provided at actual cost according
to section 610.026, if duplication equipment is available;
(3) "Public
business," all matters which relate in any way to the performance of
the public governmental body's functions or the conduct of its business;
(4) "Public governmental body," any legislative, administrative
governmental entity created by the constitution or statutes of this state by order
or ordinance of any political subdivision or district, judicial entities when
operating in an administrative capacity, or by executive order, including:
(a) Any body, agency, board, bureau, council, commission, committee, board of
regents or board of curators or any other governing body of any institution of
higher education, including a community college, which is supported in whole or
in part from state funds;
(b) Any advisory committee or commission appointed
by the governor by executive order;
(c) Any department or division of the
state, of any political subdivision of the state, of any county or of any municipal
government, school district or special purpose district including but not limited
to sewer districts, water districts, and other subdistricts of any political subdivision;
(d) Any other legislative or administrative governmental deliberative body under
the direction of three or more elected or appointed members having rulemaking
or quasi-judicial power;
(e) Any committee appointed by or at the direction
of any of the entities and which is authorized to report to any of the above named
entities, or any policy advisory body, policy advisory committee or policy advisory
group appointed by a president, chancellor or any other executive officer of any
college or university system or individual institution at the direction of the
governing body of said institution which is supported in whole or in part with
state funds; and
(f) Any quasi-public governmental body. The term "quasi-public
governmental body" means any person, corporation or partnership organized
or authorized to do business in this state under the provisions of chapter 352,
353, or 355, RSMo, or unincorporated association which either:
(a) Has
as its primary purpose to enter into contracts with public governmental bodies,
or to engage primarily in activities carried out pursuant to an agreement or agreements
with public governmental bodies; or
(b) Performs a public function, as evidenced
by a statutorily based capacity to confer or otherwise advance, through approval,
recommendation or other means, the allocation or issuance of tax credits, tax
abatement, public debt, tax exempt debt, rights of eminent domain, or the contracting
of leaseback agreements on structures whose annualized payments commit public
tax revenues; or any association that directly accepts the appropriation of money
from a public governmental body, but only to the extent that a meeting, record,
or vote relates to such appropriation;
(5) "Public meeting,"
any meeting of a public governmental body subject to sections 610.010 to 610.030
at which any public business is discussed, decided, or public policy formulated,
whether corporeal or by means of communication equipment. The term "public meeting"
shall not include an informal gathering of members of a public governmental body
for ministerial or social purposes when there is no intent to avoid the purposes
of this chapter;
(6) "Public record,"
any record, whether written or electronically stored, retained by or of any public
governmental body including any report, survey, memorandum, or other document
or study prepared and presented to the public governmental body by a consultant
or other professional service paid for in whole or in part by public funds; provided,
however, that personally identifiable student records maintained by public educational
institutions shall be open for inspection by the parents, guardian or other custodian
of students under the age of eighteen years and by the parents, guardian or other
custodian and the student if the student is over the age of eighteen years;
(7) "Public vote," any vote cast at any
public meeting of any public governmental body.
APPENDIX
C -- table of contents
SPRINGFIELD CITY CHARTER
Sections 15.5, 16.5 and 19.16
Section 15.5. Members; terms; qualifications and restrictions.
Except
as otherwise specifically provided in this Charter, all boards established or
authorized by this Charter shall consist of nine members appointed for a term
of three years and until their successors are appointed and qualified. In the
event a person fails to serve a full three-year term, the successor shall be appointed
for the unexpired term. The appointing authority shall have the power to make
appointments for periods which are shorter than the required term in order to
stagger terms so that one-third of the members are appointed each year. In addition
thereto, the City Manager may serve as ex-officio member if so provided in this
Charter or in the ordinance establishing said boards. Members shall have resided
in the City not less than two years immediately prior to their appointment, be
qualified voters therein, shall reside in the City during their term of office;
and shall take the oath prescribed for City officers and shall serve without compensation.
When the City Council determines that it is in the interest of the City to establish
a board to advise the City Council concerning inter-local matters, provisions
of this section pertaining to City residency and the number of members on advisory
boards shall not apply. The City Council may agree with other governmental agencies
concerning the qualifications and composition of boards which are established
to advise the City Council about inter-local governmental matters.
During
their term of office no member of any board shall be a member of any committee
or organized group connected with any political party or promoting the candidacy
of any person for municipal office. Members of all boards shall have the same
qualifications as provided in this Charter for at-large Council members. However,
no person shall be appointed to any board for more than two consecutive three-year
terms and as far as practical, membership of boards and committees shall be representative
of the various parts of the City.
A member of an administrative board
of the City shall be prohibited for a period of one (1) year after leaving his
position on such board from being hired as an employee of said board.
Section 16.5 Restrictions on boards. [Board
of Public Utilities Only]
Not more than six members of the said board shall
belong to the same political party, and the administration of such board shall
be in all respects entirely nonpartisan. No member of the said board shall, during
his term of office thereon, be a candidate for office, nor shall he hold any other
office, either school board, City, County, State or federal during his official
term; nor shall he be a member of any party organization or committee to further
the candidacy of any person for municipal public office. Upon becoming a candidate
for public office or accepting any of the offices aforesaid, during the term,
he shall be deemed thereby to have immediately resigned as a member of the said
board, and his membership shall be thereby ipso facto vacated. A member of the
board shall be prohibited for a period of one (1) year after leaving his position
on the board from being hired as an employee of the board.>/p>
Section 19.16 Officers and employees interested
in contracts.
No member of the Council and no salaried officer or
employee of the City shall have a financial interest, direct or indirect, in any
contract with the City, or be financially interested, directly or indirectly,
in the sale to the City of any land, materials, supplies or services, except on
behalf of the City as an officer or employee. This section shall not apply if
the transaction involves the sale of City bonds made after public notice and competitive
bidding, provided the bid accepted is the lowest qualified bid received.
No
member of the board or commission shall have a financial interest, direct or indirect,
in any contract with the department or administrative agency managed or operated
by the board or commission on which he is serving, or be financially interested,
directly or indirectly, in the sale to the board or commission of any land, materials,
supplies, or services, except on behalf of the department or administrative agency.
Any violation of this section renders the contract or sale void, and any Council
member, officer, employee or board member violating the section thereby forfeits
his office or employment.
Notwithstanding any other provision of the Charter
to the contrary, the City may acquire land from an employee of the City, other
than a salaried officer, by purchasing the land from the employee or through the
exercise of eminent domain; provided, however, such land shall not be purchased
by the City at more than the fair market value as determined by an independent
appraiser.
APPENDIX D --
table of contents
SPRINGFIELD CITY
CODE
Chapter 2, Article IV, Section 2-34
Sec. 2-34. Code of Ethics
-- Board Members.
(a) Declaration of Policy. The public judges its
government by the way board members conduct themselves in the posts to which they
are appointed. The people have a right to expect every board member to conduct
himself or herself in a manner that will tend to preserve public confidence in
and respect for the board on which he or she serves. Such confidence and respect
can best be promoted if every board member will uniformly:
1. Treat all
citizens with courtesy, impartiality, fairness and equality under the law; and
2. Avoid both actual and potential conflicts between their private self-interest
and the public interest.
To help board members achieve these goals is
one of the objectives of the section.
The other objective is based on
the proposition that no person can serve two (2) masters, nor should he or she
attempt to do so. Therefore, this code proposes to relieve board members of the
impossible task of judging themselves. Board members are encouraged to obtain
an advisory opinion from the City Attorney whenever there is any doubt as to the
applicability of the Code of Ethics pursuant to provisions of this section and
the City Charter.
(b) Definitions. The following definitions shall apply
to this article:
1. Administrative Board. The Park Board, Airport Board,
Board of Public Utilities, and the Art Museum Board.
2. Board. Any agency,
board, body, commission or committee of the City where the appointments of members
are made or approved by the City Council except appointments made to a state authorized
board, body, commission or committee.
3. Board Member. Members of all
boards when the appointment is made or approved by the City Council.
4. Financial Interest. Any interest which shall yield, directly or indirectly,
a monetary or other material benefit to a board member.
5. Personal Interest.
Any interest arising from blood or marriage relationships or from close business
or political associations whether or not any financial interest is involved.
6. Person. Any person, firm, association, group, partnership or corporation
or any combination thereof.
(c) Conflicts of Interest.
1. Provisions
applicable to only Administrative Boards (Parks, Art Museum, Airport and Board
of Public Utilities).
In addition to provisions of State law and the
City Charter,
members of an Administrative Board shall not:
A. Grant
or make available to any person any advantage or favor beyond that which it is
the general practice to make available to the public at large.
B. Permit
the use of publicly owned or supported property or services for the personal convenience
or advantage of the board member or any other person except when it is the general
practice of the board to make this available to the public at large or when it
is the policy of the board to make this available for the use of public officials
in the conduct of their official business.
2. Provisions applicable to
all Boards including Administrative Boards.
In addition to provisions
of State law and the City Charter, no Board Members shall:
A. Without
prior formal authorization of the board, disclose any confidential information
concerning any official or employee, or any other person, or any property or governmental
affairs of the board.
B. Fail to attend three (3) consecutive meetings
without a good reason.
C. Appear on behalf of private interests before
the board on which you are a member or represent private interests in any action
or proceeding against the interests of the board.
D. Accept any valuable
gift, whether in the form of service, loan, thing, or promise, from any person
who to his or her knowledge is interested directly or indirectly in any manner
whatsoever in business dealings with the board on which they are a member; or
(1) accept any gift, favor or thing of value that may tend to influence you in
the discharge of your duties, or (2) grant in the discharge of your duties any
improper favor, service or thing of value. Purchase of a meal for a board member
shall not be a valuable gift. The prohibition against gifts or favors shall not
apply to an occasional nonpecuniary gift, insignificant in value, or an award
publicly presented in recognition of public service, or any gift which would have
been offered or given if her or she were not a board member.
(d) Disclosure
of Interest in Matters. A board member who has a financial or other personal interest
in any matter shall disclose on the records of the board the nature and extent
of such interest and may vote on such matter provided the member is not prohibited
from voting by some other provision of law. This provision shall not apply if
the board member disqualifies himself or herself from voting.
(e) Advisory
Opinions. Where any board member has a doubt as to the applicability of any provision
of this code to a particular situation or as to the definition of terms used herein,
he or she may request from the City Attorney an advisory opinion.
(f)
Ethics Handbook. The City Council hereby approves the Ethics Handbook for the
City of Springfield board members, a copy of which is on file with the City Clerk.
A copy of the Ethics Handbook shall be provided by the City Clerk to all prospective
board members prior to their appointment to a City board; board members shall
be required to certify that they have read the Ethics Handbook and to abide by
its provisions. The City Attorney is hereby authorized to keep the Ethics Handbook
up to date by publishing therein any changes to state or city laws.
(g) Interpretation. In order to provide a plain English version of this ordinance,
the text of state law and city law has been paraphrased in the Ethics Handbook.
The actual language of state or city law shall control over the plain English
version.
APPENDIX E -- table
of contents
EXAMPLES OF CONFLICT OF INTEREST
The following examples are provided to give you an idea how Springfield's
Code of Ethics would be applied. Of course, each situation will be decided upon
the unique fact circumstances involved. The goal of these examples -- and indeed
of this entire Handbook -- is to help develop greater sensitivity to ethical considerations.
If you are in doubt of what you should do, choose not to participate.
A. Conflicts of Interest. Listed below are illustrative examples
of situations involving violations of Springfield's Code of Ethics.
1.
Geoffrey Gates serves on the Mayor's Commission on Human Rights. Gates is asked
to be the treasurer of Citizen Barbara Jones' committee supporting her candidacy
as Council-member. Gates refuses the treasurer position but serves on the committee
to promote her candidacy. City Charter Section 15.5 prohibits a board member from
serving on a committee to promote the candidacy of a City Council candidate.
2. Art Museum Board member Margaret Wilson owns a one-third interest in a
sheep farm and spinning business from which the Art Museum purchases wool, looms,
and spinning wheels for a textile-arts demonstration work-shop. City Charter Section
19.16 prohibits a board member from selling materials or supplies to the board
on which he or she serves.
3. Rodney Bolton served on the Special Business
District Advisory Board for three years. Two months after leaving the board a
group of businesspeople pay Bolton to speak to the board on their behalf to try
and get the board to favor their plans pending before the board. Any attempt to
influence a decision of a board on which one serves within one year of service
is prohibited by RSMo §105.454(5).
4. Board of Public Utilities member,
Seymore Maples, tells in detail to his neighbor discussions held during a session
of the board which was closed to discuss personnel issues. Springfield City Code
Sec. 2-34(c)2.A prohibits disclosure of confidential information.
B.
No Conflict of Interest Exists. Listed below are illustrative
examples of situations which do not involve violations of Springfield's Code of
Ethics for Board Members.
1. Dr. W. T. Chow, member of the Parks Board, discloses
at a public meeting that his niece (his sister's daughter) is the principal owner
of one of the companies bidding to get the construction contract for play-ground
equipment, and he abstains from discussion and voting on the acceptance of any
bids. Dr. Chow has avoided the appearance of conflict by revealing a potential
connection to the bids. Springfield City Code Sec. 2-34(a)2.
2. Cable
Television Advisory Commission member Jane Olson refuses a gift of a color television
and VCR for her Girl Scout Troop from Citizen Gordon Smith after a heated discussion
at a public meeting of Cable Television Advisory Commission where Smith's opinions
were supported by Olson. Accepting any money or anything of value in return for
an action or inaction as a board member is prohibited by RSMo §105.452(1) and
Springfield City Code Sec. 2-34(c)2.D.
3. Art Museum Board member Margaret
Wilson owns a one-third interest in a sheep farm and spinning business from which
the Parks Department purchased wool, looms, and spinning wheels for a textile-arts
demonstration workshop. City Charter Section 19.16 prohibits a board member from
selling materials or supplies to the board on which he or she serves, only.
4. Traffic Advisory Board member, A. J. Million, receives a special award of a
paper weight from the local chapter of the American Red Cross for donating his
second gallon of blood. This is not a conflict of accepting a gift, for it would
have been given if he was not a board member. Springfield City Code Sec. 2-34(c)2.D.
5. Two years after serving on the Parks Board, James Leach is hired by the
Parks Board to review proposals for park development in Northeast Springfield.
City Charter Sec. 15.5 prohibition of hiring former members of an administrative
board by that board is for only one year.
CERTIFICATION
-- table of contents
I hereby certify
that I have read the preceding Ethics Handbook and have received answers to all
my questions relating thereto.
_____________________________
Printed Name of Board Member
_____________________________
Signature
_____________________________
Name of Board
_____________________________
Date
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