ORDINANCE NO. 241021

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Sponsor:  Mayor Quinton Lucas

Amending Chapter 2, Administration, Article XV, Code of Ethics, of the Code of Ordinances by repealing and replacing certain sections to further prohibit and harassment and expand individuals covered under anti-harassment provisions to include all members of City boards and commissions under the Code of Ethics.

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WHEREAS, the City has a Code of Ethics contained in its Code of Ordinances; and

                     WHEREAS, the Code of Ethics established the Municipal Officials and Officers Ethics Commission; and

                     WHEREAS conduct constituting harassment creates workplace harms for City employees, constituents, and volunteers; NOW THEREFORE,

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

                     Section 1. That Chapter II, Article XV, Code of Ethics, of the Code of Kansas City, Missouri is hereby amended by repealing Sections 2-2002 and 2-2006, and enacting in lieu thereof new sections of like numbers and subject matters to read as follows:

Sec. 2-2002.  Definitions.

As used in this code of ethics, these terms shall have the following meanings unless it is apparent from the context that a different meaning is intended:

Board means any appointive board or commission or other appointive body or authority of the city established by charter, ordinance, resolution or act of the mayor.

Commission means the municipal officials and officers ethics commission, unless the context dictates otherwise.

Contract means any arrangement or agreement pursuant to which any material, service or other thing of value is to be furnished to the city for valuable consideration to be paid by the city or is to be sold or transferred by the city.

Councilmember means any member of the city council, including the mayor.

Domestic partner is an adult, unrelated by blood, with whom an unmarried or separated official or employee has an exclusive committed relationship, maintains a mutual residence, and shares basic living expenses. To be a domestic partner within this code of ethics, registration with the city clerk of a domestic partnership is not required.

Elected official means the mayor or any member of the city council.

Financial benefit includes any money, service, license, permit, contract, authorization, loan, discount, travel, entertainment, hospitality, gratuity, or any promise of any of these, or anything else of value. This term does not include campaign contributions authorized by law.

Household includes anyone whose primary residence is in the official or employee's home.

Immediate family member means a spouse or unemancipated child, or a domestic partner and the domestic partner's unemancipated child.

Interest means a pecuniary, property, or commercial interest, or any other interest the primary significance of which has been, will be, or might be the realization of economic gain or the avoidance of economic loss to an elected official, board member, his or her relative, or his or her designee whether direct or indirect; provided, however, that "interest" shall not include any matter involving the common public good or necessity, or any matter in which a similar benefit is conferred to all persons or property similarly situated; and further, that ownership individually or in a fiduciary capacity of any securities, or of any beneficial interest in securities, of a corporation shall not be deemed to create an "interest" in the corporation unless the aggregate amount of such securities, or interest in such securities, amount to five percent or more of any class of the securities of the corporation then outstanding or constitutes a controlling interest in the corporation.

Official or employee means the mayor and the mayor's assistants; a member of the city council and a member's assistants; a member of any city board, commission, authority, task force, committee or other organized group of people called to serve the city; a member of any other board, commission or other organized group of people appointed to that group to serve as a representative of the city; the city manager and all assistant city managers; department directors, including the city clerk and city auditor, and their deputies; contract employees; and all other employees of the city. Official or employee shall also include all volunteers unless the office or department in which the volunteer service is offered has adopted a special code of ethics applicable to volunteers. Official or employee shall also include the judges of the municipal court insofar as this code of ethics is not inconsistent with the Code of Judicial Conduct promulgated by the Missouri Supreme Court.

Personal benefit includes benefits other than those that are directly financially advantageous. These include financial benefits to relatives, business associates, and others, as well as non-financial benefits to these people and to oneself, including such things as reputation and the success of one's career.

Relative means any of the following persons related to the employee or official, or the employee or official's spouse or domestic partner:

(1)                     Children, parents;

(2)                     Grandchildren, grandparents, brothers and sisters;

(3)                      Great-grandchildren, great-grandparents, nephews and nieces, uncles and aunts; or

(4)                      Great-great-grandchildren, great-great-grandparents, grand nephews and grand nieces, first cousins, great uncles and great aunts.

Subordinate means another official or employee over whose activities an official or employee has direction, supervision or control.

Sec. 2-2006. General code of conduct.

(a)                     Commitment to safe and respectful environment. The city supports safe and respectful environments for all individuals with whom its officials and employees interact. Moreover, the city recognizes that the proper operation of democratic government requires agents of the public be both personally and professionally above reproach in order to respect the people of Kansas City, who they serve, and instill faith in government.

(b) Applicability of general code of conduct.

(1) Individuals covered. This section applies to the mayor and the mayor's assistants, members of the city council and the members' assistants, and all members of City boards and commissions.

(2)                      Situations and locations covered. This section applies wherever work on behalf of the city is performed or discussed and wherever an individual invokes or makes public their title and position with the city, including offices, conferences, meetings, and social events for the purpose of gaining influence.

(c)                     Unacceptable behaviors.  The following behaviors violate the general code of conduct.

(1)                     Harassment. Harassment includes any objectionable or offensive behavior that is known or ought reasonably to be known to be unwelcome. Harassment may be intended or unintended. Harassment includes:

a.                     Discriminatory conduct. Discriminatory conduct includes conduct that is based on race, color, religion, sex (including sexual orientation, gender identity, or pregnancy), national origin, age, genetic information, or disability and that is severe or pervasive enough to create an environment that a reasonable person would consider intimidating, hostile, or abusive. Such conduct may include, but is not limited to, offensive jokes, slurs, epithets or name calling, intimidation, ridicule or mockery, insults or put-downs, offensive objects or pictures, unwelcome sexual advances, verbal or physical conduct of a sexual nature, inquiries or comments about an individual's sex life, bullying and cyberbullying or other online harassment, offensive and inappropriate comments about third parties, and other conduct that interferes with work performance or normal activities. Petty slights, annoyances, and isolated incidents (unless extremely serious) will not rise to the level of harassment.

b.                     Abuse of authority.  Abuse of authority is harassment that occurs through a use of authority serving no legitimate work purpose;

c.                     Sexual harassment.  Sexual harassment is harassment which is gender-based or of a sexual nature;

d.                     Bullying. Bullying is a repeated pattern or mistreatment aimed at a specific person or group.

(2)                     Violence. Violence is the threatened, attempted, or actual exercise of physical force against an individual that could cause discomfort, pain or injury. It includes unwanted physical contact or assault, unwelcome horseplay, bringing weapons into the workplace or other non-permitted locations, threatening an individual verbally in writing or digitally, and stalking or intimidating.

(d) Reporting and enforcement. Reporting, investigating, enforcing, and penalizing violations of this section shall follow the procedures outlined in this article of the Code.

(e) Non-exclusivity. This section's requirements are in addition to any personal conduct policies applicable to individuals covered by this section, including employment and personal conduct policies from the city's human resource department.

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Approved as to form:

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Katherine Chandler

Senior Associate City Attorney