IN THE COUNTY LEGISLATURE OF JACKSON COUNTY, MISSOURI
Title
AN ORDINANCE amending subsection 902.33, Jackson County Code, 1984, relating to the Ethics Code.
Intro
ORDINANCE NO. 5064, December 11, 2017
INTRODUCED BY Crystal Williams, County Legislator
Body
BE IT ORDAINED by the County Legislature of Jackson County, Missouri, as follows:
Section A. Enacting Clause. Subsection 902.33, Jackson County Code, 1984, is hereby amended, to read as follows:
902.33. Personal benefit means any benefit which is offered or received, or perceived to be offered or received, for the purpose of influencing the manner in which a public servant performs or refrains from performing an official action, so that an attempt is made to induce the public servant, or the public servant is induced, to act in favor of some interest other than the public interest on the basis of an expectation or hope that the public servant or a partner in interest of the public servant will obtain some private gain by acting against the public interest; provided, however, that the term "personal benefit" within the meaning of this chapter does not include any of the following, which, although they may benefit individual public servants, are deemed to be primarily public benefits rather than personal benefits:
(1) payment by the County of salaries, compensation or employee benefits; or payment by an employer or business other than the County of salaries, compensation, employee benefits or pursuant to a contract, when the payment is unrelated to a public servant's status as a public servant and is not made for the purpose of influencing, directly or indirectly, the official action or decision of a public servant; or
(2) fees, expenses, or income, including those resulting from outside employment, which are permitted and reported in accordance with the policies of the County; or
(3) authorized reimbursement of reasonable, or actual and necessary expenses; or
(4) admission, regardless of value, to events to which public servants are invited in their official, representative capacity as public servants; or
(5) hospitality extended for a purpose unrelated to the official business of the County; or
(6) reasonable hosting, including travel and expenses, entertainment, meals or refreshments furnished in connection with public events, appearances or ceremonies related to official County business, if furnished by the sponsor of such public event; or in connection with speaking engagements, teaching or rendering other public assistance to an organization or another governmental entity; this provision applies only if the County does not also pay the person for the same activity; or
(7) reasonable gratuities given by a group in appreciation for a public servant speaking or making any presentation before that group; or
(8) awards publicly presented in recognition of public service, acts of heroism or for solving crimes; or
(9) gifts or other tokens of recognition presented by representatives of governmental bodies or political subdivisions who are acting in their official capacities; or
(10) anything of value, regardless of the value, when the thing of value is offered to the County, is accepted on behalf of the County, and is to remain the property of the County; or
(11) commercially reasonable loans made in the ordinary course of the lender's business in accordance with prevailing rates and terms, and which do not discriminate against or in favor of an individual who is a public servant because of such individual's status as a public servant; or
(12) complimentary copies of trade publications; or
(13) [any unsolicited benefit conferred by any one person or business if the economic value totals less than $ 50 per calendar year, and if there is no express or implied understanding or agreement that an official action or decision of a public servant will be influenced; or]
([14] 13) reasonable compensation for a published work which did not involve the use of the County's time, equipment, facilities, supplies, staff or other resources, if the payment is arranged or paid by the publisher of the work; or
([15] 14) reasonable compensation for a published work which did involve the use of the County's time, equipment, facilities, supplies, staff or other resources, if the payment of the compensation to the public servant is lawfully authorized by a representative of the County who is empowered to authorize such compensation; or
([16] 15) anything of value, if the payment, gift, or other transfer of value is unrelated to and does not arise from the recipient's holding or having held a public position, and if the activity or occasion for which it is given does not involve the use of the County's time, equipment, facilities, supplies, staff or other resources in any manner or degree which is not available to the general public; or
([17] 16) anything of value received as a devise, bequest or inheritance; or
([18] 17) a gift received from a relative within the fifth degree of consanguinity, under the civil law computation method, to the public servant, or the spouse of such a relative; or
([19] 18) a gift received from a spouse of a public servant, or a spouse's relative within the fifth degree of consanguinity to the spouse, under the civil law computation method.
([20] 19) allowance, stipends or reasonable reimbursement for service on Public Boards or Commissions that a Public Servant is required to serve on as a matter of State or Federal Law.
Enacted and Approved
Effective Date: This Ordinance shall be effective immediately upon its signature by the County Executive.
APPROVED AS TO FORM:
____________________________ _________________________________
Chief Deputy County Counselor County Counselor
I hereby certify that the attached ordinance, Ordinance No. 5064 introduced on December 11, 2017, was duly passed on January 22nd, 2017 by the Jackson County Legislature. In the votes thereon were as follows:
Yeas ______9________ Nays _______0_______
Abstaining ____0______ Absent _____0________
This Ordinance is hereby transmitted to the County Executive for his signature.
____________________ ________________________________
Date Mary Jo Spino, Clerk of Legislature
I hereby approve the attached Ordinance No. 5064.
____________________ ________________________________
Date Frank White, Jr., County Executive