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Common Questions About
Personal Financial Disclosure Statements
Who is required to file the personal financial disclosure statement?
Individuals required to file under Chapter 105, RSMo, are described in Section
105.483, RSMo as follows:
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Associate Circuit judges, circuit court judges, judges of the courts of appeals
and of the supreme court, and candidates for any such office;
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Persons holding an elective office of the state, whether by election or
appointment, and candidates for such elective office, except those running for
or serving as county committee members for a political party pursuant to
section 115.609, RSMo, or section 115.611, RSMo;
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The principal administrative or deputy officers or assistants serving the
governor, lieutenant governor, secretary of state, state treasurer, state
auditor and attorney general, which officers shall be designated by the
respective elected state official;
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The members of each board or commission and the chief executive officer of each
public entity created pursuant to the constitution or interstate compact or
agreement and the members of each board of regents or curators and the
chancellor or president of each state institution of higher education;
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The director and each assistant deputy director and the general counsel and the
chief purchasing officer of each department, division and agency of state
government;
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Any official or employee of the state authorized by law to promulgate rules and
regulations or authorized by law to vote on the adoption of rules and
regulations;
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Any member of a board or commission created by interstate compact or agreement,
including the executive director and any Missouri resident who is a member of
the bi-state development agency created pursuant to sections 70.370 to 70.440,
RSMo;
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Any board member of a metropolitan sewer district authorized under section
30(a) of article VI of the state constitution;
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Any member of a commission appointed or operating pursuant to sections 64.650
to 64.690, RSMo, sections 67.650 to 67.658, RSMo, or sections 70.840 to 70.859,
RSMo;
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The members, the chief executive officer and the chief purchasing officer of
each board or commission which enters into or approves contracts for the
expenditure of state funds;
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Each elected official, candidate for elective office, the chief administrative
officer, the chief purchasing officer, and the general counsel, if employed
full time, of each political subdivision with an annual operating budget in
excess of one million dollars, and each official or employee of a political
subdivision who is authorized by the governing body of the political
subdivision to promulgate rules and regulations with the force of law or to
vote on the adoption of rules and regulations with the force of law; unless the
political subdivision adopts an ordinance, order or resolution pursuant to
subsection 4 of section 105.485;
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Any person who is designated as a decision-making public servant by any of the
officials or entities listed in subdivision (6) of section 105.450.
In reference to number eleven (11), a political subdivision is
a special district or subdistrict of the state that has the authority to assess
a property tax. Examples of political subdivisions are cities, villages,
counties, schools, library districts, fire districts, ambulance districts,
public water supply districts, nursing home districts, hospital districts, and
road districts.
Please note that even if you are a volunteer and not compensated for your
services for one of the above positions, you may still be required to file a
personal financial disclosure statement.
Individuals and candidates serving in political subdivisions that have an
annual operating budget under one million dollars are not required to file
personal financial disclosure statements. However, it is the responsibility of
that political subdivision to notify the Missouri Ethics Commission each
year that their annual operating budget is under one million
dollars.
As a candidate, am I required to file a personal financial disclosure
statement?
Candidates for the following offices are required to file a personal financial
disclosure statement:
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Circuit Judge
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Associate Circuit Judge
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Judges of the Courts of Appeals and of the Supreme Court
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Governor
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Lieutenant Governor
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Secretary of State
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State Treasurer
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State Auditor
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Attorney General
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State Senate
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State Representative
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Candidates for office in a political subdivision with an annual operating
budget exceeding one million dollars are required to file a personal financial
disclosure statement if the political subdivision does not have a policy in
place pertaining to conflicts of interest. If the political subdivision does
have a policy in place, you may be required to file a personal financial
disclosure statement depending on the office you are seeking. A candidate for
office will follow the same guidelines for filing a personal financial
disclosure statement as a current office holder follows.
If you are still unsure about your requirement to file a personal financial
disclosure statement as a candidate, please contact your local election
authority or the Missouri Ethics Commission for further direction.
Who decides which individuals are required to file a personal financial
disclosure statement?
Most of the individuals that fall within the description of a required filer
are designated to file a personal financial disclosure statement by the entity
in which they are serving. Each of the entities listed in Section 105.450 (6),
RSMo are required to provide the Missouri Ethics Commission with the names of
individuals required to file a personal financial disclosure statement. The
entities listed in Section 105.450 (6) are as follows:
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The governing body of the political subdivision with a general operating budget
in excess of one million dollars;
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A department director;
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A judge vested with judicial power by article V of the Constitution of the
state of Missouri;
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Any commission empowered by interstate compact;
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A statewide elected official;
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The speaker of the house of representatives;
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The president pro tem of the senate;
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The president or chancellor of a state institution of higher education.
If you do not understand why you were designated, please contact the entity
that designated you as an individual required to file a personal financial
disclosure statement. Each entity is responsible for notifying designated
individuals of their requirement to file a personal financial disclosure
statement. The Missouri Ethics Commission is not responsible for designating
required filers for the entities listed above. The Missouri Ethics Commission
is only responsible for assuring compliance with this requirement. If you are
still unsure as to whether or not you are required to file a personal financial
disclosure statement, please contact the Missouri Ethics Commission. The
Missouri Ethics Commission may be able to guide you, assuming that the entity
that you are associated with has provided us with a list of individuals
designated to file a personal financial disclosure statement.
What is my deadline for filing a personal financial disclosure? What time
period should my disclosure statement cover?
There are three possible filing deadlines for individuals required to file a
personal financial disclosure statement. However, if you are required to file
for more than one position with different deadlines, you should always file
with respect to the earlier deadline. According to section 105.487, RSMo, "…no
person is required to file more than one financial interest statement in any
calendar year."
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If you are designated to file a personal financial disclosure statement and are
not newly appointed or a candidate, then you are required to file after January
1, but no later than May 1
of each year. Your personal financial disclosure statement must either be
received in our office no later than 5:00 p.m. on May 1, or have a postmark of
April 30 to be considered timely filed. For individuals required to file May 1,
the time period covered by the statement should be the calendar year ending the
previous December 31. For example, if your personal financial disclosure
statement is due on May 1, 2000, then your time period would cover January 1,
1999, through December 31, 1999.
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If you are newly appointed or employed
to a position in which you are required to file a personal financial disclosure
statement, then your deadline for filing the statement is thirty (30) days from
the date you were appointed. Your personal financial disclosure statement must
be received in our office no later than 5:00 p.m. on the thirtieth day after
your appointment or have a postmark of the day previous to the deadline to be
considered timely filed. The time period covered by the statement should be the
calendar year ending the immediately preceding December thirty-first. For
example, if you are appointed to a position sometime between January 1, 2000
and December 31, 2000, then your time period covered would be from January 1,
1999, through December 31, 1999.
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If you are a candidate that is required to file a personal
financial disclosure statement, then your deadline for filing a personal
financial disclosure statement is fourteen (14) days from the closing date of
filing for candidacy. Your personal financial disclosure statement must be
received in our office no later than 5:00 p.m. on the fourteenth day following
the closing date for filing for candidacy, or postmarked the day previous to
the deadline to be considered timely filed. The time period covered by the
statement should be the twelve months previous to the closing date for filing
for candidacy. For example, if the closing date for filing for candidacy was
March 28, 2000, then the deadline for filing your personal financial disclosure
statement would be April 11, 2000. The time period covered by your statement
would be March 28, 1999, through March 27, 2000.
Where am I required to file my personal financial disclosure statement?
Every individual required to file a personal financial disclosure statement
should file with the Missouri Ethics Commission excluding judges of courts of
law. Judges are required to file their personal financial disclosure statements
with the clerk of the supreme court. Individuals that are designated to file a
personal financial disclosure statement by a political subdivision that has
enacted a policy relating to conflicts of interest are required to file a
personal financial disclosure statement with the Missouri Ethics Commission and
the clerk of the governing body of their political subdivision. If the entity
or political subdivision that you are associated with does not have a policy
relating to conflicts of interest, then you are only required to file with the
Missouri Ethics Commission.
Which personal financial disclosure statement am I required to file?
The Missouri Ethics Commission has two types of personal financial disclosure
statements. The form titled "Personal Financial Disclosure Statement' is
referred to as the 'long' form since it requests the most information. The form
titled 'Financial Disclosure Statement for Political Subdivisions' is referred
to as the 'short' form. The 'short' form is only filed by individuals that are
designated by political subdivisions that have enacted a policy relating to
conflicts of interest. Everyone else is required to file the 'long' form. The
'long' form is always acceptable since it includes all of the information
requested on the 'short' form. However, the 'short' form is not acceptable if
you serve an entity that does not have their own policy relating to conflicts
of interest. Please keep in mind that state statute only allows political
subdivisions to adopt a policy relating to conflicts of interest.
If you are designated to file a personal financial disclosure statement for
more than one position and one position allows the short and the other requires
the long, you are required to file the 'long' form. However, state statute
provides that no one is required to file more than one personal financial
disclosure statement per calendar year. Therefore, the 'long' form would meet
your filing requirement and you would not be required to file the 'short' form
in addition to the 'long' form.
What are the penalties for filing my personal financial disclosure statement
after the filing deadline? The Missouri Ethics Commission
cannot waive or reduce any late filing fees associated with the personal
financial disclosure statement filing requirement. Penalties for failure to
file a personal financial disclosure statement may include, late filing fees,
withholding of compensation (salary) or remuneration, removal from office, or
removal from the ballot. As stated above, there are no extensions granted by
the Missouri Ethics Commission regarding personal financial disclosure
statement deadlines. If your personal financial disclosure statement is
received after the filing deadline, there is a late filing fee of $10 a day for
each day that the statement is late. If the designated filer does not file by
the required deadline and receives compensation or remuneration from public
funds, they will not be paid until the statement is filed. If the disclosure
statement remains unfiled, the Missouri Ethics Commission will send a certified
notice to the designated filer reminding them of their requirement to file and
the fee associated with failure to file. If the designated filer does not file
a personal financial disclosure statement within thirty days of receipt of the
certified notice, the fee is raised to one hundred dollars ($100) per day for
each day it is late. At this time it is also possible to be suspended or
removed from your position or office for failure to file a personal financial
disclosure statement. If an individual is required to file a personal financial
disclosure statement as a candidate and fails to meet the filing deadline, the
Missouri Ethics Commission is required by law to inform the official who
accepted the candidate filing that the candidate is disqualified. For further
information regarding penalties for untimely filing or failure to file a
personal financial disclosure statement, please refer to Sections 105.492 and
105.963.3, RSMo.
Tips on completing your personal financial disclosure statement.
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When filling out your personal financial disclosure statement you are required
to disclose your spouse's information and information regarding your dependent
children.
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Read each question very carefully. If the question does not apply to you,
please indicate 'none' or 'not applicable' in the space provided. This will
show that you have acknowledged each question.
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If the personal financial disclosure statement does not provide enough space
for your response, please feel free to include an attachment in order to
provide all of the requested information.
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You are not required to disclose any dollar amounts, only sources.
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In box one (1) of the first page indicate the appropriate time period covered
by the statement. If you are unsure of what time period to cover, please refer
to the section titled "What time period should my disclosure statement cover?"
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In reference to box six (6), you should provide the name of the entity that
designated you as an individual required to file a personal financial
disclosure statement. If you are a candidate, please provide the name of the
entity in which you are running for office. Box seven (7) requests your title,
which is where you should list your position with the entity. If you are a
candidate, please indicate that you are a candidate and the position you are
seeking.
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If you are unsure about a whether or not something is required to be disclosed,
it is suggested to disclose if you are in doubt. There is no penalty for over
disclosure. This may also avoid the appearance of concealing possible conflicts
of interest.
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