COUNCIL EXAMINES CONFLICT OF INTEREST, BUDGET PROCEDURE

The Cape Girardeau City Council tonight will consider an ordinance designed to abate conflicts of interest by its members.

In February, Councilman David Barklage asked that City Attorney Warren Wells draft the ordinance, which would:

Prohibit those businesses council members have an interest in from contracting with the city.

Require public disclosure of council members' property holdings, city licenses, and business ownership.

Specifically prohibit disclosure of confidential information from nonpublic executive council sessions.

Barklage said conflicts of interest have plagued the council in the past and hurt its credibility. He said the ordinance would inhibit the potential for conflicts and would avoid the "politicization" of ethics enforcement.

City laws formerly prohibited city officials through companies they either partially or fully owned from doing business with the city. But that was changed in the mid-1980s when the city council redrafted the code of ordinances.

The public disclosure requirements are intended to shift enforcement of city ethics laws from fellow council members to the press and the public.

Over the past several years, the city council mired itself in a number of controversies that involved perceived conflicts of interest. In one of the most volatile cases, a split council voted 4-3 last year to "reprimand" Mayor Gene Rhodes for failing to disclose his interest in an asphalt company that was awarded a city paving contract.

Not only does the proposed ordinance require disclosure of financial interests, it also prohibits the mayor and city council members from "voting on, discussing with the council, or talking to staff on any matters relating to this interest."

If any elected city official would "willfully or unintentionally" violate the proposed measure, a council member could ask for a public hearing on the matter.

"If such motion is adopted by the council, a public hearing into the matter shall be held within 30 days," the ordinance states.

"At such public hearing, the movant shall first present all particulars relating to the alleged violation and the accused elected official shall then be afforded the opportunity to rebut the charges."

If the council determined the violation occurred, it could censure the official. "Such finding of the council may also be the basis for a proceeding for forfeiture of office or impeachment of such elected official," the ordinance said.

In another issue prompted by Barklage, the council tonight will consider a resolution that would change the way the city staff presents the annual city budget.

The resolution would require that the budget be broken down by program, service or project, and that it provide "a description and scope" of each.

"This summary shall accurately provide all reasonable costs that are incurred in the operation, implementation, and administration of all city services, programs, or projects," the resolution states.

The information would include personnel and associated costs and each expense cost's percentage of the total budget.

Other requirements in the resolution are aimed at assuring that programs and services are reviewed at least once every five years, to assure efficient and effective administration.

"The review shall be performed by a committee of the appropriate staff, a member of the city council and one or more citizens appointed by the city council," the resolution said.

In other business, the council will consider a new water system ordinance to accommodate the city's purchase of the water system from Union Electric. The ordinance includes regulations for water main extension and service installation policies and rates.

In a letter to the council, Assistant City Manager Al Stoverink said: "These policies represent a fair balance, in our opinion, of the costs for development between the developers, the city, and builders.

"Under these policies, the cost of development borne by all parties will remain approximately the same as under the present Union Electric system. However, installation of main extensions and service lines can be accomplished in a more efficient manner, with greater flexibility to meet the needs for community growth."

One item in the proposed ordinance is the establishment of tapping fees for customer water connections. The fees will be set at 20 percent of the material cost for overhead, at a minimum of $200 for three-quarter inch lines.

In the past, some contractors and developers have complained that the tapping fee is too high and a deterrent to development.