(A) Definitions. As used in this section, unless the context requires otherwise:
(1) "AGENT." A person in the service of the city, who is under contract of hire and acting under lawful authority;
(2) "EMPLOYEE." A person in the service of the city, who is under contract of hire, express or implied, oral or written, where the city has the power or right to control and direct the material details of work performance;
(3) "EMPLOYER." The City of Bardstown. Employer also includes any person authorized to act on behalf of the city, with respect to formulation of policy or the supervision, in a managerial capacity, of subordinate employees; and
(4) "OFFICIAL REQUEST." A request from members of the City Council, its agents and employees; the Auditor, its agents and employees, hired by the city; the City Attorney; the Mayor and employees of the Mayor's Office; and members of the press.
(B) Reprisal against public employee for disclosure of violations of law prohibited -- construction of ordinance.
(1) No employer shall subject to reprisal, or directly or indirectly use, or threaten to use, any official authority or influence, in any manner whatsoever, which tends to discourage, restrain, depress, dissuade, deter, prevent, interfere with, coerce, or discriminate against any employee who in good faith reports, discloses, divulges, or otherwise brings to the attention of the judiciary or any member or employee of the judiciary, any law enforcement agency or its employees, City Council and any member of the City Council, its agents or employees, the Mayor and employees of the Mayor's Office, the Board of Ethics, the Auditor, its agents and employees hired by the city or any other appropriate body or authority, any facts or information relative to an actual or suspected violation of any law, statute, executive order, municipal order, administrative regulation, mandate, rule, or ordinance of the United States, the Commonwealth of Kentucky, the City of Bardstown, or the County of Nelson, or any facts or information relative to actual or suspected mismanagement, waste, fraud, abuse of authority, or a substantial and specific danger to public health or safety. No employer shall require any employee to give notice prior to making such a report, disclosure, or divulgence.
(2) No employer shall subject to reprisal or discriminate against, or use any official authority or influence to cause reprisal or discrimination by others against, any person who supports, aids, or substantiates any employee who makes public any wrongdoing set forth in subsection (B)(1) of this section.
(3) This section shall not be construed as:
(a) Permitting the employee to leave his or her assigned work area during normal work hours without following applicable law,
administrative regulations, rules, or policies pertaining to leave, unless the employee's participation is required or requested pursuant to any lawful federal, state or local government investigation, administrative hearing or judicial proceeding;
(b) Authorizing an employee to represent his or her personal opinions as the opinions of his or her employer; or
(c) Prohibiting disciplinary or punitive action if an employee discloses information which he or she knows:
1. To be false or which he or she discloses with reckless disregard for its truth or falsity;
2. To be exempt from required disclosure under the provisions of KRS 61.870 to 61.884 or §§ 41.01 to 41.12 of the Bardstown Code of Ordinances; or
3. Is confidential under any other provision of law.
(Ord. B2017-03, passed 2-3-17)