§ 2-2030. Acceptance of gifts.

(a)

Definitions. Unless the context specifically indicates otherwise, the terms as used in this division are defined as follows:

(1)

Gift means anything of more than $200.00 of value accepted by a person whether tangible or intangible, which would reasonably be considered of worth, use or service to the person to whom it is conferred. The term gift includes but is not limited to:

a.

Money;

b.

Products or merchandise;

c.

Works of art or collectibles;

d.

Stocks, bonds, notes or options;

e.

An interest in real property;

f.

Contracts or a promise of a future interest in a contract;

g.

An interest or a promise of a future interest in a business;

h.

Meals, beverages or lodging;

i.

Transportation for noncity purposes;

j.

Services, including loaned employees;

k.

Loans, loan guarantees, cosigning;

l.

Forgiveness of a debt;

m.

Discounts or rebates not extended to the public generally;

n.

Preferential treatment;

o.

Tickets or admissions to events, concerts or performances, other than those provided by the city;

p.

Free or discounted use of office facilities;

q.

Loan of office equipment;

r.

Promise or offer of present or future employment;

s.

Use of autos, boats, apartments or other recreational or lodging facilities;

t.

Intangible rights such as cause of action;

u.

Licenses, patents, copyrights or any interest therein;

v.

Fees and honorariums for an appearance or speech, or for participation at any event, in his or her official capacity; excluding payment or reimbursement for reasonable and necessary expenses related to any such activity; and

w.

Any other items tangible or intangible having economic value.

(2)

A gift for purposes of this section does not include:

a.

Anything of value accepted by a person whether tangible or intangible 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 or domestic partner of any of these persons, including the transfer or co-mingling of assets or liabilities between spouses or domestic partners;

b.

Campaign contributions which are reported under RSMo Ch. 130, as amended;

c.

Contributions to any cause or organization, including a bona fide charity, made in response to a direct solicitation from an officer or employee;

d.

Wages or salary paid for work or services from outside employment; or

e.

Compensation paid for goods or services to self-employed individuals; or

f.

Travel, expenses, registrations, and similar items provided to a person by a city department or affiliated entity such as the Economic Development Corporation or any of its agencies, Port Authority, or as a result of their membership in a not-for-profit organization existing to assist local governments, such as the National League of Cities, National Black Caucus, Missouri Municipal League, and the Mid-America Regional Council, and other similar groups.

(3)

Gifts totaling in value more than $200.00 accepted by the official 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.

(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)

Acceptance of gifts.

(1)

No official or employee or an immediate family member of an official or employee shall knowingly accept any gift having a value in excess of $200.00 but less than, or equal to, $1,000.00 or the maximum allowed by Missouri law, whichever is less, 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 article.

(2)

No official or employee or an immediate family member of an official or employee shall knowingly accept any gift having a value in excess of $1,000.00 or the maximum allowed by Missouri law, whichever is less, from any person or business entity having a substantial interest in any legislative or administrative action of the city.

(3)

No official or employee or an immediate family member of an official or employee shall knowingly accept gifts during a calendar year having a cumulative value in excess of $1,000.00 or the maximum allowed by Missouri law, whichever is less, from any person or business entity having a substantial interest in any legislative or administrative action of the city.

(c)

Disclosure. Any official or employee who accepts a gift having a value of more than $200.00 but less than, or equal to, $1,000.00 or the maximum allowed by Missouri law, whichever is less shall disclose the acceptance of that gift within 15 days of the end of the quarter in which the gift was accepted on a disclosure form provided by the city clerk by filing the original disclosure form with the city clerk. These records shall be available to the internal auditor, ethics compliance officer and director of the department to which assigned, the mayor if assigned to the mayor's office, the mayor pro tem if a council member or the council office or the city manager if assigned to the city manager's office or not otherwise assigned. Failure to file this gift disclosure form when required to do so shall be reported by the internal auditor to the city clerk, ethics compliance officer and director of the department to which assigned, the mayor if assigned to the mayor's office, the mayor pro tem if a council member or assigned to the council office or to the city manager if assigned to the city manager's office or not otherwise assigned.

( Ord. No. 130249, § 2, 5-30-13 )