§ 2-250.41. Financial disclosure report.

(a)

Persons required to file.

(1)

City officials and designated city employees. Before initially accepting appointment or assuming the duties of office, and annually thereafter, the city officials defined in section 2-212 and all employees in salaried positions listed on the pay plan are required to file with the city secretary a sworn financial disclosure report.

(2)

Candidates for city council. A non-incumbent candidate for a place on the city council shall file a sworn financial disclosure report with the city secretary containing all information required by subsections (a) through (m) of section 2-250.42 within fifteen (15) days from the date of filing as a candidate.

(b)

Open records. Financial disclosure reports are open records subject to the Public Information Act, and shall be maintained in accordance with the Local Government Records Act, as amended.

(c)

Annual filing dates. Annual financial disclosure reports filed by salaried officials, and employees who are required to report must be received by the city secretary by 4:30 p.m. on the 15th day of January. Annual statements from all others who are required to file (non-salaried officials) must be received by the city secretary by 4:30 p.m. on the 15th day of July. When the deadline falls on a Saturday or Sunday, or on an official city holiday as established by the city council, the deadline for receipt by the city secretary is extended to 4:30 p.m. of the next day which is not a Saturday or Sunday or official city holiday. The city secretary shall grant an extension of time in which to file a report upon written request submitted in advance of the deadline. The extension shall not exceed fifteen (15) days.

(d)

Reporting periods. Each initial or annual financial disclosure report filed by an individual designated in section 2-250.41(a)(1), and each report filed by a candidate for city council, shall disclose information relating to the prior calendar year, as well as any material changes in that information which occurred between the end of the prior calendar year and the date of filing.

(e)

City secretary. The city secretary shall:

(1)

Prior to January 15 of each year, notify city officials and employees specified in subsection (a)(1) of their obligation to file financial disclosure reports and provide forms to be completed;

(2)

Provide forms to all new city council appointees and those filing for elective office, and advise them of reporting requirements and deadlines;

(3)

Provide guidance and assistance on the reporting requirements for persons required to file financial disclosure reports and develop common standards, rules, and procedures for compliance with this subdivision;

(4)

Review reports for completeness and timeliness;

(5)

Maintain filing, coding, and cross-indexing systems to carry out the purpose of this subdivision, including:

(A)

A publicly available list of all persons required to register; and

(B)

Computerized systems designed to minimize the burden of filing and maximize public access to materials filed under this subdivision;

(6)

Make available for public inspection and copying at reasonable times the reports filed under this subdivision;

(7)

Upon determining that a city council appointee who is required to file a financial disclosure report has failed to do so timely or has filed incomplete or unresponsive information, notify the individual by certified mail that failure to file or correct the filing within fifteen (15) days after the original deadline constitutes an automatic resignation. At the same time, the city secretary shall publicly announce to the city council the names of those who have not filed and to whom this notification is being sent. If such an appointee fails to file a completed report within fifteen (15) days from the original deadline, the position shall be considered vacant, and a new appointment shall be made by the city council; and

(8)

Upon determining that the mayor, a member of city council, the city manager, or a municipal judge or magistrate has failed to timely file a financial disclosure report, or has filed incomplete or unresponsive information, notify the individual by certified mail that failure to file or correct the filing within fifteen (15) days after the original deadline will result in the matter being forwarded to the ethics review commission. If the person in question fails to file a completed report within fifteen days of the original deadline, a report of non-compliance shall be forwarded to the ethics review commission for appropriate action.

(9)

Upon determining that a person other than (A) a city council appointee who is required to file a financial disclosure report, or (B) the mayor, a member of city council, the city manager, or a municipal judge or magistrate, has failed to timely file a financial disclosure report, or has filed incomplete or unresponsive information, notify the individual by certified mail that failure to file or correct the filing within fifteen (15) days after the original deadline will result in the matter being forwarded to the city manager. If the person in question fails to file a completed report within fifteen (15) days of the original deadline, a report of non-compliance shall be forwarded to the city manager for appropriate action.

The failure of the city secretary to provide any notification required by this section does not bar appropriate remedial action, but may be considered on the issue of culpability.

(Ord. No. 06-22, § 1(part G, § 1), 9-5-2006)