JACKSON - Representatives of the Missouri secretary of state's office attempted Wednesday to clarify details of a new ethics law to a group of about 28 local governmental representatives.
The meeting was one in a series being held around the state to discuss the reporting requirements for local governments. All political subdivisions in the state with annual budgets of more than $1 million will be required to comply with the law.
The intent of the law, which takes effect Jan. 1, is to make the public aware of potential conflicts of interests between elected and appointed officials who are involved in decision-making and purchasing for local entities.
Bill Newcomb, chief counsel to Secretary of State Roy Blunt, and Craig Caskey of the campaign reporting division of the office were on hand to conduct Wednesday night's meeting in Jackson.
Newcomb admitted some parts of the new law are vague, but he attempted to explain to the officials ways to comply with the law. He said he plans to discuss some minor revisions in the law with Rep. Doug Harpool, D-Springfield, who was the primary sponsor of the legislation in the General Assembly.
Although it does not take effect until Jan. 1, Newcomb said that political subdivisions need to become familiar with the law and take action by Sept. 15, or face having all elected, and many appointed, officials required to file detailed financial disclosures.
The disclosures include information on all financial holdings, businesses they own all or part of, stock holdings, positions on boards of directors, some real estate holdings, and gifts or honoraria received from non-family members.
Entities that pass their own code of ethics by Sept. 15, are able to file a shorter disclosure form, while those governmental bodies that miss the deadline will have to file the longer form, Newcomb said.
"It is a question of whether you want to use the long form or the short form," he said. "If a political subdivision wants to use the short form, it must pass a code by Sept. 15."
The reports will cover 1991 and must be filed between Jan. 1 and May 1. Reports must be filed with the secretary or clerk of the political subdivision and with the Secretary of State's office. On Jan. 1, 1993, a new ethics commission created by this law will begin receiving all ethics reports instead of the secretary of state.
Newly elected or appointed officials have 30 days to comply with the law after taking office in the middle of a year.
The disclosure requirements also apply to the spouse, children and parents of the person holding office. The form does not require specific amounts to be listed, but only those holdings or sources that exceed a certain amount.
To help political subdivisions in drafting an ethics code, Newcomb distributed copies of a sample code prepared by the secretary of state's staff to serve as a guideline.
For entities that pass their own code, elected officials and employees in decision-making positions would have to disclose any "substantial interests" they have. This would include the name of the parties and date of each transaction that involved work or service valued at more than $500 done with the political subdivision by themselves or family members.
In addition, the law still requires the chief administrative officer and chief purchasing officer of the political subdivisions to complete the short form.
Disclosure on the form includes: the name and address of each of the employers who paid them $1,000 or more during the year; the name and address of each business or partnership in which they own more than 10 percent or more than 2 percent of publicly traded stock; and the name and address of each corporation for which the person serves as officer, director, or receiver.
One provision in the law does prohibit members of certain boards from using the short form, even if the subdivision approves its own code. This group includes members of county planning and, or zoning boards and commissions; the highway engineer; members of the board of adjustment; enforcement officers designated by the county commission; and engineers hired to negotiate contracts on behalf of counties.
Newcomb said this area of the law might need further clarification. He said that while county planning and zoning board members are required to fill out long forms, members of city planning and zoning boards are exempt.
Many of the officials attending Wednesday's meeting said they were still unclear on parts of the law and would seek further information. Newcomb said the secretary of state's office was doing all it could to share details through mailings, and regional meetings, and by attending statewide meetings of county, school, and city officials.
Knowingly failing to file an ethics report is a Class B misdemeanor for the first offense and a Class D felony for a second offense.
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