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ARTICLE II. STANDARDS OF CONDUCT
Every officer and employee of the city and every city agency shall comply with the following standards of conduct:
(A) No officer or employee, or any immediate family member of any officer or employee, shall have an interest in a business or engage in any business, transaction, or activity, which is in substantial conflict with the proper discharge of the officer's or employee's public duties.
(B) No officer or employee shall intentionally use or attempt to use his or her official position with the city to secure unwarranted privileges or advantages for himself or herself or others.
(C) No officer or employee shall intentionally take or fail to take any discretionary action, or agree to take or fail to take any discretionary action, or influence or attempt to influence any other officer or employee to take or fail to take any discretionary action, on any matter before the city in order to obtain a personal or financial benefit for any of the following:
(1) The officer or the employee;
(2) A family member;
(3) An outside employer;
(4) Any business in which the officer or employee, or any family member, has a financial interest, including but not limited to:
(a) An outside employer or business of his or hers, or of his or her family member, or someone who works for such outside employer or business;
(b) A customer or client, or a substantial debtor or creditor of his or hers, or of his or her family member;
(5) Any business with which the officer or employee or any family member is negotiating or seeking prospective employment or other business or professional relationship;
(6) Any person or entity from whom the officer or employee has received an election campaign contribution of a total of more than two hundred dollars ($200.00) during the past election cycle, including contributions from a person’s immediate family or business as well as contributions from an entity’s owners, directors, or officers, as well as contributions to the officer or employee’s political committee or non-candidate political committee; or
(7) A non-governmental civic group, social, charitable, or religious organization of which he or she (or his or her immediate family member) is an officer or director.
(D) No officer or employee shall be deemed in violation of any provision of this section if, by reason of the officer or employee’s participation, vote, decision, action, or inaction, no personal or financial benefit accrues to the officer or employee, a family member, an outside employer, or a business as defined in § 27.003, as a member of any business, occupation, profession, or any other group, to any greater extent than any gain that could reasonably be expected to accrue to any other member of the business, occupation, profession, or other group.
(Ord. No. 19-94, 12-6-94; Am. Ord. No. 02-20, 2-18-20)
(A) Pursuant to KRS 61.252, no officer or employee of the city or any city agency shall directly or through others undertake, execute, hold, or enjoy, in whole or in part, any contract made, entered into, awarded or granted by the city or a city agency, except as follows:
(1) The prohibition in subsection (A) of this section shall not apply to contracts entered into before an elected officer filed as a candidate for city office, before an appointed officer was appointed to a city or city agency office, or before an employee was hired by the city or a city agency; provided that any contract entered into by a city or city agency officer or an employee before he or she became a candidate, was appointed to office, or was hired as an employee, which is renewable after he or she becomes a candidate, assumes the appointed office, or is hired as an employee, shall be subject to the prohibition in subsection (A).
(2) The prohibition in subsection (A) of this section shall not apply to contracts entered into before an elected officer filed as a candidate for city office, before a appointed officer was appointed to a city or city agency office, or before an employee was hired by the city or a city agency. However, if any contract entered into by a city or city agency officer or employee before he became a candidate, was appointed to office, or was hired as an employee, is renewable after he becomes a candidate, assumes the appointed office, or is hired as an employee, then the prohibition in subsection (A) of this section shall apply to the renewal of the contract.
(3) The prohibition in subsection (A) of this section shall not apply if the contract is awarded after public notice and competitive bidding, unless the officer or employee is authorized to participate in establishing the contract specifications, awarding the contract, or managing contract performance after the contract is awarded. If the officer or employee has any of the authorities set forth in the preceding sentence, then the officer or employee shall have no interest in the contract, unless the requirements set forth in section (4) below are satisfied.
(4) The prohibition in subsection (A) of this section shall not apply in any case where the following requirements are satisfied:
(a) The specific nature of the contract transaction and the nature of the officer's or employee's interest in the contract are publicly disclosed at a meeting of the governing body of the city or city agency.
(b) The disclosure is made a part of the official record of the governing body of the city or city agency before the contract is executed.
(c) A finding is made by the governing body of the city or city agency that the contract with the officer or employee is in the best interests of the public and the city or city agency because of price, limited supply, or other specific reasons, before the contract is executed.
(d) The finding is made a part of the official record of the governing body of the city or city agency before the contract is executed.
(B) Any violation of this section shall constitute a Class A misdemeanor, and upon conviction, the court may void any contract entered into in violation of this section. Additionally, a violation of this section shall be grounds for removal from office or employment with the city in accordance with any applicable provisions of state law and ordinances, rules or regulation of the city.
(Ord. No. 19-94, 12-6-94; Am. Ord. No. 02-20, 2-18-20)
§ 27.012 MISUSE OF CONFIDENTIAL INFORMATION
No officer or employee of the city or any city agency shall intentionally use or disclose information acquired in the course of his or her official duties, if the primary purpose of the use or disclosure is to further his or her personal financial interest or that of another person or business. Information shall be deemed confidential, if it is not subject to disclosure pursuant to the Kentucky Open Records Act, KRS 61.872 to 61.884, at the time of its use or disclosure.
(Ord. No. 19-94, 12-6-94; Am. Ord. No. 02-20, 2-18-20)
(A) An officer or employee must refrain from acting on or discussing, formally or informally, a matter before the city, if acting on the matter, or failing to act on the matter, may personally or financially benefit any of the persons or entities listed in § 27.010(C). Such an officer or employee should join the public if the withdrawal occurs at a public meeting, or leave the room if it is a legally conducted closed meeting (executive sessions) under KRS 61.810 or 61.815.
(B) Withdrawal at a meeting requires the public announcement, on the record, of the reason for the withdrawal.
(C) Ongoing conflict. An officer or employee whose outside employment or other outside activity or relationship can be reasonably expected to require more than a sporadic withdrawal must resign or cease such outside employment or activity. An officer or employee should not begin employment or an activity or relationship that can reasonably be expected to require more than sporadic withdrawal. If a prospective officer or employee is in such a situation he or she should not accept the position with the city.
(D) Request to withdraw. If an officer or appointed board member is requested to withdraw from participation in a matter, for the reason that he or she has a conflict of interest, by:
(1) Another member;
(2) A party to the current matter; or
(3) Anyone else who may be affected by a decision relating to this matter;
The member must decide whether to withdraw on the official record. If the member decides not to withdraw, the unchallenged members must consider any relevant evidence concerning such claimed conflict of interest, as defined in this chapter, and vote whether or not to allow the request and require the member to withdraw from participating in such matter.
(E) If withdrawal by the member would leave the body with less than a quorum capable of acting, the member must disclose the conflict on the public record, then the remaining members may vote to allow the member with the disclosed conflict to vote. If the person is the only one authorized by law to act, the person must disclose the nature and circumstances of the conflict to the board of ethics and request a waiver or advisory opinion.
(Ord. No. 02-20, 2-18-20)
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