105.452. Prohibited acts by elected and appointed public officials and employees.

Prohibited acts by elected and appointed public officials andemployees.

105.452. 1. No elected or appointed official or employee of thestate or any political subdivision thereof shall:

(1) Act or refrain from acting in any capacity in which he islawfully empowered to act as such an official or employee by reason of anypayment, offer to pay, promise to pay, or receipt of anything of actualpecuniary value paid or payable, or received or receivable, to himself orany third person, including any gift or campaign contribution, made orreceived in relationship to or as a condition of the performance of anofficial act, other than compensation to be paid by the state or politicalsubdivision; or

(2) Use confidential information obtained in the course of or byreason of his employment or official capacity in any manner with intent toresult in financial gain for himself, his spouse, his dependent child inhis custody, or any business with which he is associated;

(3) Disclose confidential information obtained in the course of or byreason of his employment or official capacity in any manner with intent toresult in financial gain for himself or any other person;

(4) Favorably act on any matter that is so specifically designed soas to provide a special monetary benefit to such official or his spouse ordependent children, including but not limited to increases in retirementbenefits, whether received from the state of Missouri or any third party byreason of such act. For the purposes of this subdivision, "specialmonetary benefit" means being materially affected in a substantiallydifferent manner or degree than the manner or degree in which the public ingeneral will be affected or, if the matter affects only a special class ofpersons, then affected in a substantially different manner or degree thanthe manner or degree in which such class will be affected. In all suchmatters such officials must recuse themselves from acting, except that suchofficial may act on increases in compensation subject to the restrictionsof section 13 of article VII of the Missouri Constitution; or

(5) Use his decision-making authority for the purpose of obtaining afinancial gain which materially enriches himself, his spouse or dependentchildren by acting or refraining from acting for the purpose of coercing orextorting from another anything of actual pecuniary value.

2. No elected or appointed official or employee of any politicalsubdivision shall offer, promote, or advocate for a political appointmentin exchange for anything of value to any political subdivision.

(L. 1978 H.B. 1610 § 3, A.L. 1990 H.B. 948, A.L. 1991 S.B. 262, A.L. 2008 H.B. 2233)