SUMMARY

Ethics Code Working Document

Jackson County, Missouri

Policy/Purposes Sections 9-101--102

It is the purpose and intent to create a written code of ethical conduct for all of those connected to county government.

Definitions Section 9-103

Who is Covered? Section 9-105

The code applies to every County public servant, which is anyone who is legally authorized to act in any capacity under authority of the County. This includes elected officials, board and commission members, employees and volunteers. The code also applies to anyone or firm which contracts with the County and to citizens who interact with public servants.

What are Conflicts of Interest? Section 9-107—9-111

Unless permitted by law no public servant may have an interest not shared by the general public in any official action. The public servant may receive no personal benefit if it can be reasonably inferred that the benefit is intended to influence his or her performance.

A personal benefit is any benefit offered or received to influence how a public servant performs or refrains from performing an official action.

The County may not enter into a contract with a business if a public servant has a controlling interest or if he/she owns $1,000 of the business property. The public servant is required to disclose the interest as early as the conflict is known. A contract may be voided within three years of when the public servant should have known the conflict existed.

• To avoid the appearance of impropriety, public servants who have a conflict of interest in public meetings shall leave their seats during deliberation and voting.

• No one shall offer or give any personal benefit to a public servant, nor may the public servant solicit a personal benefit.

• No current or former public servant may use or disclose confidential information to receive a personal benefit.

• No one may assist or encourage violation of the code of ethics.

• Contracts must contain language requiring contractors to abide by the County’s conflict of interest ordinance.

Disclosure Section 9-112

Members of the County Legislature are required to disclose conflicts of interest before a matter is decided. If a conflict is questionable the matter must be decided before the County Legislature decides the matter. Requirements to disclose conflicts and to not participate apply also to members of Commissions, county counselors and public servants.

The County Clerk is required to maintain records of disclosure and to notify the decision maker, any person named in the disclosure, County Counselor and the Ethics Commission of any disclosure.

Outside Employment Section 9-113

A public servant may not accept any employment that results in a financial conflict of interest or a conflict of loyalties.

A county employee may be self-employed or work part time if the department head believes there is no conflict with working hours or the employee’s efficiency.

Management level positions require the County Executive’s approval.

Other Abuses or Misuses of Position Section 9-114

No public servant shall improperly use an official position to obtain any advantage or personal benefit for the public servant or a partner in interest.

Financial Disclosure Complete Sections 9-116 – 9-126

Section 9-117

Elected officials, full-time appointed exempt management County employees and public servants involved in a variety of responsibilities may be designated by the County Executive as being required to file annual disclosure statements. Filing disclosure statements is also required of newly hired public servants serving in designated positions, candidates for County boards/commissions and elective positions and offices.

Section 9-118

Financial disclosure forms will be maintained by the Director of Human Resources and be available for examination and duplication by the public.

Section 9-121

Financial disclosure forms shall identify:

· Location of any real property in the County;

· Outside employment and/or business affiliations;

· Creditors of $100,000.00 or more excluding debts on personal residences, automobiles and education;

· Persons or businesses doing $1,000.00 or more with the County if the disclosing party or partner in interest receives any personal benefit (including campaign contributions) of $1,000 or more;

· The identity of all partners in interest employed by or doing business with the County.

Section 9-123

Any person required to file a disclosure must amend the statement within 21 days when necessary.

Section 9-124

Failure to file financial disclosure statements is a violation of the county code.

Post Employment Activities Section 9-127

During the 12 months following employment with the County, a former public servant may not for compensation make an appearance or act on behalf of any party in connection with any County action which might give rise to a judicial or quasi-judicial proceeding and which was under the public servant’s responsibility. Nor shall a former public servant use any former job title unless indicating the title as former employment.

Ethics Commission Section 9-128

An Ethics Commission, which is independent of the County Legislature, will have broad powers to create rules and procedures to implement this code, create disclosure forms, to issue subpoenas, to conduct investigations and hearings involving violations of this code and to issue formal and informal written reports of its determinations. The Commission shall make recommendations to implement this code, shall educate public servants about the code, including issuing an ethics handbook, and shall file annual reports with the County Legislature summarizing its decisions and opinions.

Who May Request Commission Action? Section 9-130

Any person may file a complaint or request a formal or informal opinion.

Limits on Commission’s Power Section 9-131

Although the Commission cannot reverse a prior authorized action, if the Commission determines a prior action is in violation of this code, the Commission may request that the action be reconsidered and/or refer the matter to the County Counselor for appropriate action.

Procedures for Hearing Complaints Section 9-132

Those Subject to Investigation by the County Legislature Section 133

If the Commission’s findings relate to an elected or appointed official, the matter shall be referred to County Legislature for disposition. The Legislature may refer the matter to standing committees, issue subpoenas and conduct a hearing and shall make its determination by majority vote. Removal from office shall be according to law.

Statute of Limitations Section 9-137

Penalties Section 9-138

The Commission is permitted to take a variety of actions including public admonition, reprimand, suspension and/or termination of employment.

Violators may incur fines up to $1,000 and imprisonment up to one year.