(A) Barren County Ethics Commission (the Ethics Commission) shall be responsible for the enforcement and administration of the Code of Ethics adopted in this chapter in the manner set forth in this chapter. When requested by a county officer, the Ethics Commission shall issue an advisory opinion concerning acts or activities covered by this chapter. Such opinions shall be public and shall not disclose the identity of persons associated with the opinion. Confidential opinions may be issued, if requested by the county officer or county agency submitting the question only if the subject is exempt from disclosure pursuant to KRS 61.878.
(B) (1) The investigation and determination of whether a county officer has committed any violation of this chapter shall be the responsibility of the Ethics Commission. In order to ensure a thorough investigation, the Commission is authorized to appoint an investigating officer.
(2) When requested by an appointing authority, the Ethics Commission shall have authority to issue an opinion concerning whether or not an act or activities undertaken by a county officer constitute a violation of this chapter. The Ethics Commission shall have authority to adjudicate factual issues, and to determine whether the alleged act or activity constitutes a violation of this chapter.
(C) (1) The Ethics Commission shall consist of seven members appointed by the County Judge Executive and approved by the Fiscal Court. Ethics Commission members shall be chosen by virtue of their known and consistent reputation for integrity and their knowledge of local government affairs. Nominations shall come from a list of Barren County citizens comprised of two nominees each from the County Clerk, County Attorney, County Jailer, County Sheriff, and County Coroner. Members of the Ethics Commission shall serve for a term of three years or until his or her successor is appointed. Provided, however, that the term of office may be less than three years at appointment if necessary to prevent the expiration of more than three members’ term of office in any one year. In addition, such Ethics Commission members may be reappointed for one consecutive term and shall not be eligible for reappointment until one year after the expiration of his or her last term. Members of the Ethics Commission shall not receive compensation but shall be reimbursed for reasonable expenses incurred in the performance of their official duties in the same manner as provided by existing county government policy for expense reimbursement.
(2) The absence of any member from three consecutive meetings, unless the Ethics Commission has excused the absence for good and sufficient reason, shall constitute a resignation.
(3) When a vacancy occurs in the membership of the Ethics Commission, the vacancy shall, within 60 days, be filled for the unexpired portion of the term in the same manner as regular appointments. Any person appointed to fill a vacancy on the Ethics Commission must meet the qualifications and limitations set forth in this chapter.
(4) An Ethics Commission member may be removed from office by at least a two-thirds majority of the Fiscal Court, after written notice, including a clear statement of the grounds for removal, and opportunity for reply, at least 30 days before voting on removal. The sole grounds for removal shall be failure to meet the qualifications or limitations set forth in this code, neglect of duty, gross misconduct in office, inability to discharge the powers or duties of office, or a violation of this chapter.
(5) No member of the Ethics Commission may be, or have been within one year prior to appointment: a person serving in an elected office of any level of government or a candidate for election to office of any level of government; a county officer or employee of the County Government; a member of a county officer’s family.
(D) Within 60 days of the effective date of this chapter, the Ethics Commission shall draft and submit to the Fiscal Court its rules and regulations for the administration of this chapter and the conduct of its meetings, including, but not limited, to maintenance of financial disclosure statements, issuance of opinions and imposition of penalties for violations of this chapter. If the Fiscal Court does not disapprove of the Ethics Commission’s rules and regulations within 45 days after submission to the Council, such rules and regulations shall go into effect on the 46th day after submission. The Ethics Commission shall annually report any changes to its rules operations, or procedures to the Fiscal Court by August 1.
(E) There is hereby created the position of Legal Counsel to the Ethics Commission. The Ethics Commission may employ Legal Counsel on contract on either a part-time or as-needed basis provided that Legal Counsel employed under contract shall not be employed counsel or under contract in any capacity with county government, or associated with an attorney employed by or under contract in any capacity with county government.
(F) The County Judge Executive’s Office shall provide reasonable and necessary staff support for the operation of the Ethics Commission, including all training of county officers required in this section.
(G) The Ethics Commission shall be the official custodian of financial disclosure statements to be filed under this chapter.
(H) (1) The Ethics Commission shall conduct at least one annual training and review session open and available to all county officers, and such other training and review activities as shall from time to time be requested by the County Judge Executive, the Fiscal Court, or Ethics Commission.
(2) All county officers in office on the effective date of this chapter shall be required to attend one training session conducted by the Ethics Commission within 12 months of the effective date of this chapter and at least once every 24 months thereafter. All county officers elected or appointed after the effective date of this chapter shall be required to attend one training session conducted by the Ethics Commission within 12 months of his or her election or appointment, and at least once every 24 months thereafter.
(I) The Ethics Commission shall prepare and submit an annual report to the Fiscal Court, summarizing the activities, decisions, and advisory opinions of the Ethics Commission. The annual report may also recommend changes to the text or administration of this Ethics Code. The annual report must be submitted no later than July 31 of each fiscal year, covering to the previous fiscal year ending June 30, and must be filed with the Fiscal Court Clerk.
(Ord. 556, passed passed 3-17-2015)