Loading...
FINANCIAL DISCLOSURE
The following classes of officers and employees of the city and city agencies shall file an annual statement of financial interests with the Board of Ethics:
(A) Elected city officials.
(B) Candidates for city elective office.
(C) Assistant to the Mayor, Police Chief and Fire Chief.
(D) Members of the Board of Ethics created by this chapter.
(E) Nonelected officers and employees of the city or any city agency who are authorized to make purchases of materials or services, or award contracts, leases or agreements involving the expenditure of more than two thousand five hundred dollars ($2,500.00), or whose job descriptions or whose actual duties involve:
(1) The negotiation, authorization or approval of contracts, leases, franchises, revocable consents, concessions, variances, special permits, or licenses;
(2) The purchase, sale, rental or lease of real property, personal property, or services, or a contract for any of these; and
(3) The obtaining of grants of money or loans.
(Ord. 18-1994, passed 11-21-94; Am. Ord. 6-2022, passed 11-7-22)
(A) The initial statement of financial interests required by this section shall be filed with the Board of Ethics, or the administrative official designated as the custodian of its records by the Board of Ethics, no later than 4:00 p.m., March 1, 1995. All subsequent statements of financial interest shall be filed no later than 4:00 p.m. on January 1 each year, provided that:
(1) An officer or employee newly appointed to fill an office or position of employment with the city or a city agency shall file his or her initial statement no later than thirty (30) days after the date of the appointment.
(2) A candidate for city office shall file his or her initial statement no later than thirty (30) days after the date on which the person becomes a candidate for elected city office.
(B) The Board of Ethics may grant a reasonable extension of time for filing a statement of financial interests for good cause shown.
(C) In the event there is a material change in any information contained in a financial statement that has been filed with the Board, the officer or employee shall, no later than thirty (30) days after becoming aware of the material change, file an amended statement with the Board.
(D) By June 15 of each year, the Board of Ethics must review all annual financial disclosure statements filed with it to determine whether any person required to file such a statement has failed to file it, has a deficient statement, or has filed a statement that reveals a possible or potential violation of this code. If the Board of Ethics determines that an annual, or transactional, disclosure statement is deficient, or reveals a possible or potential violation of this code, the Board will notify the person in writing of the deficiency, or possible or potential violation, and of the penalties for failure to comply with this code.
(Ord. 18-1994, passed 11-21-94; Am. Ord. 6-2022, passed 11-7-22)
The statement of financial interests shall be filed on a form prescribed by the Board of Ethics or by the administrative official designated by the Board of Ethics. The Board or the designated administrative official shall deliver a copy of the form to each officer and employee required to file the statement, by first class mail or hand delivery, no later than December 1 of each year. The failure of the Board, or of the designated administrative official, to deliver a copy of the form to any officer or employee shall not relieve the officer or employee of the obligation to file the statement.
(Ord. 18-1994, passed 11-21-94; Am. Ord. 6-2022, passed 11-7-22)
(A) The Board of Ethics shall be the “official custodian” of the statements of financial interests and shall have control over the maintenance of the statements of financial interests. The statements of financial interests shall be maintained by the Board of Ethics, or the administrative official designated by the Board of Ethics as the “custodian,” as public documents, available for public inspection immediately upon filing.
(B) A statement of financial interests shall be retained by the Board or the designated administrative official for a period of five (5) years after filing; provided that:
(1) Upon the expiration of three (3) years after a person ceases to be an officer or employee of the city or city agency, the Board shall cause to be destroyed any statements filed by the person.
(2) Upon the expiration of three (3) years after any election at which a candidate for elected city office was not elected or nominated, the Board of Ethics shall cause to be destroyed any statements of financial interests or copies of those statements filed by the person.
(Ord. 18-1994, passed 11-21-94; Am. Ord. 6-2022, passed 11-7-22)
(A) The statement of financial interests shall include the following information for the preceding calendar year:
(1) The name, current business address, business telephone number, and home address of the filer.
(2) The title of the filer’s office, office sought, or position of employment.
(3) The occupation of the filer and the filer’s spouse or domestic partner.
(4) Information that identifies each source of income of the filer and the filer’s immediate family members exceeding five thousand dollars ($5,000) during the preceding calendar year and the nature of the income (e.g., salary, commission, dividends, retirement fund distribution, and the like).
(5) The name and address of any business located within the state in which the filer or any member of the filer’s immediate family had at any time during the preceding calendar year an interest of ten thousand dollars ($10,000) at fair market value, or five percent (5%) ownership interest, or more.
(6) The name and address of any business located outside of the state, if the business has engaged in any business transactions with the city during the past three (3) years, or which is anticipated to engage in any business transactions with the city, in which the filer or any member of the filer’s immediate family had at any time during the preceding calendar year an interest of ten thousand dollars ($10,000) at fair market value, or five percent (5%) ownership interest, or more.
(7) A designation as commercial, residential or rural, and the location of all real property within the county, other than the filer’
(8) Each source, by name and address, of gifts or honoraria having an aggregate fair market value of one hundred dollars ($100) or more from any single source, excluding gifts received from family members, received by the filer or any member of the filer’s immediate family during the preceding calendar year.
(9) Each source, by name and address, of campaign contributions having an aggregate fair market value of one hundred dollars ($100) or more from any single source, excluding contributions received from family members, during the preceding calendar year.
(10) The name and address of any creditor owed more than ten thousand dollars ($10,000), except debts arising from the purchase of a primary residence or the purchase of consumer goods that are bought or used primarily for personal, familial or household purposes.
(B) Nothing in this section shall be construed to require any officer or employee to disclose any specific dollar amounts nor the names of individual clients or customers of businesses listed as sources of income.
(Ord. 18-1994, passed 11-21-94; Am. Ord. 6-2022, passed 11-7-22)
(A) The Board of Ethics or the designated administrative official shall notify by certified mail each person required to file a statement of financial interests who fails to file the statement by the due date, files an incomplete statement, or files a statement in a form other than that prescribed by the Board. The notice shall specify the type of failure or delinquency, shall establish a date by which the failure or delinquency shall be remedied, and shall advise the person of the penalties for a violation.
(B) Any person who fails or refuses to file the statement or who fails or refuses to remedy a deficiency in the filing identified in the notice under subsection (A), within the time period established in the notice, shall be guilty of a civil offense and shall be subject to a civil fine imposed by the Board in an amount not to exceed twenty-five dollars ($25) per day, up to a maximum total civil fine of five hundred dollars ($500). Any civil fine imposed by the Board under this section may be recovered by the city in a civil action in the nature of debt if the offender fails or refuses to pay the penalty within a prescribed period of time.
(C) Any person who intentionally files a statement of financial interests that he or she knows to contain false information or intentionally omits required information shall be guilty of a Class A misdemeanor.
(Ord. 18-1994, passed 11-21-94; Am. Ord. 6-2022, passed 11-7-22)
Loading...