06/04/21 by Cooper County Public Health Center

RESOLUTION 2021-1

Be it Resolved on this 5th day of April 2021 by the Board of Health Center Trustees of Cooper County, Missouri, as follows:

Whereas, the Board of Health Center Trustees of Cooper County, Missouri, was created by vote of the people of Cooper County Missouri, in accordance with sections 205.010 to

205.150 Revised Statutes of Missouri, 1949, as amended by House Bill No. 307, of the 66th General Assembly of Missouri; and

Whereas, the Board of Health Center Trustees of Cooper County, Missouri has adopted CONSTITUTION AND BY-LAWS OF THE BOARD OF HEALTH CENTER TRUSTEES OF COOPER COUNTY, MISSOURI; and

Whereas, the Board of Health Center Trustees of Cooper County, Missouri desires to amend said CONSTITUTION AND BY-LAWS OF THE BOARD OF HEALTH CENTER TRUSTEES OF COOPER COUNTY, MISSOURI.

Wherefore, the Board of Health Center Trustees of Cooper County, Missouri, with a quorum of said trustees present and voting, hereby RESOLVE as follows:

The CONSTITUTION AND BY-LAWS OF THE BOARD OF HEALTH CENTER TRUSTEES OF COOPER COUNTY, MISSOURI is amended to add a new Section V to include Article 1 and Article 2 to read as follows:

SECTION V - ETHICS AND CONFLICT OF INTEREST

ARTICLE 1

A. If the Missouri Ethics Commission, or any other lawfully empowered authority, determines there is a reasonable basis to believe that:

(1) A trustee; a trustee’s campaign finance committee; or any individual, business, group or other entity,

(2) Has spent money to support a trustee’s election campaign or has provided

any direct or indirect benefit to the trustee’s election campaign, and

(3) In so doing engaged in any conduct in violation of any provision in

Chapters 105 or 130, RSMo, or any rule promulgated thereunder by the Missouri Ethics Commission, then,

(4) Said trustee shall automatically forfeit such office and shall be prohibited from serving as a trustee, employee, or independent contractor for the Board of Health Center Trustees for Cooper County, Missouri.

ARTICLE 2

A. All trustees and employees of the Cooper County Public Health Center are required to avoid any conflict, or appearance of conflict, between their personal interests and the official interests of the Cooper County Public Health Center, and to disclose promptly any Financial Interests, and any actual or potential conflicts.

B. Policy Definitions.

(1) Conflict of Interest: A conflict of interest arises if there is an actual divergence between a trustee’s or employee’s personal interests, including personal interests of Relatives, and any business with which he/she is associated, and any official interest of the Cooper County Public Health Center. A potential conflict of interest exists when circumstances may lead to the divergence between personal interests and official interests. A perceived conflict of interest exists when an independent observer might question whether the trustee’s or employee’s actions can reasonably be influenced by considerations of personal benefit, financial or otherwise.

(2) Relative: An individual’s spouse, domestic partner, parent, natural child, adopted child, stepchild, grandchild, great-grandchild, sibling, half-sibling, ancestor, or the spouse or domestic partner of the individual’s child, grandchild, great-grandchild, or sibling.

(3) Financial Interest: A trustee or employee has a “Financial Interest” if, either directly or indirectly, through a relationship involving any business, investment, or any Relatives, he/she has:

(a) An ownership or investment interest in any entity with which the

Cooper County Public Health Center has a transaction or affiliation;

(b) A compensation arrangement with any entity with which the

Cooper County Public Health Center has a transaction or affiliation;

(c) A potential ownership or investment interest in, or compensation arrangement with any individual or entity with which the Cooper County Public Health Center is considering or negotiating a transaction or arrangement.

(d) Any interest of any other kind that is adverse to an official interest of the Cooper County Public Health Center.

C. Prohibited Acts. A trustee or employee shall not:

(1) Act or refrain from acting in any capacity in which he/she is lawfully empowered to act as such an official or employee by reason of any payment, offer to pay, promise to pay, or receipt of anything of actual pecuniary value paid or payable, or received or receivable, to themselves, any relative, or any third person, including any gift or campaign contribution, made or received in relationship to or as a condition of the performance of an official act; or

(2) Use confidential information obtained in the course of or by reason of

his/her position or official capacity in any manner with intent to result in a personal benefit for themselves, any Relative, or any business with which he/she is associated; or

(3) Disclose confidential information obtained in the course of or by reason of his/her employment or official capacity in any manner with intent to result in personal benefit for themselves, any Relative, any other person; or any business with which he/she is associated; or

(4) Use their decision-making authority for the purpose of obtaining or providing a personal benefit to themselves, any Relative, or any business with which he/she is associated; or

(5) Fail to disclose to the Board of Health Center Trustees of Cooper County,

Missouri in a timely manner the existence of any Financial Interest or Conflict of Interest.

D. If a majority of the Board of Health Center Trustees of Cooper County, Missouri determines that any trustee or employee has violated this Article, such trustee shall automatically forfeit such office and such employee shall be subject to disciplinary action.

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