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ARTICLE IV. NEPOTISM
(A) No family member of any elected official or appointed city officer who has any authority to make any decision regarding the employment, appointment, promotion, transfer, discipline, or dismissal of any officer at any level of city government, shall be appointed to any office or employed in any position of employment with the city.
(B) The prohibitions in this section shall not apply to any relationship or situation that would violate the prohibition, nor (a) to full-time students working in a temporary summer position, for four (4) months or less, so long the a student is not supervised by a family member, and (b) to seasonal employment of a family member for nine (9) months or less, which employment is approved by the mayor in advance in writing.
(Ord. No. 19-94, 12-6-94; Am. Ord. No. 02-20, 2-18-20; Am. Ord. No. 15-2021, § 1, 7-6-21)
ARTICLE V. ENFORCEMENT
(A) There is hereby created a board of ethics which shall have the authorities, duties, and responsibilities as set forth in this chapter to enforce the provisions of this chapter.
(B) The board of ethics shall consist of three (3) members who shall be appointed by the executive authority of the city, subject to the approval of the city council. No member of the board of ethics shall hold any elected position or employment with the city or any city agency. The members shall serve for a term of three (3) years; except that with respect to the members initially appointed, one (1) member shall be appointed for a term of one (1) year, one (1) member shall be appointed for a term of two (2) years, and one (1) member shall be appointed for a term of three (3) years. Each member of the board of ethics shall have been a resident of the city for at least one (1) year prior to the date of the appointment and shall reside in the city throughout the term in office. The members of the board of ethics shall be chosen by virtue of their known and consistent reputation for integrity and their knowledge of local government affairs. The members may be re-appointed for any number of consecutive terms.
(C) A member of the board of ethics may be removed by the executive authority, subject to the approval of the city council for misconduct, inability, or willful neglect of duties. Before any member of the board of ethics is removed from office under this section, the member shall be afforded the opportunity for a hearing before the executive authority and the legislative body.
(D) Vacancies on the board of ethics shall be filled within sixty (60) days by the executive authority, subject to the approval of the legislative body.
(E) Members of the board of ethics shall serve without compensation, unless otherwise approved by the legislative body, but shall be reimbursed for all necessary and reasonable expenses incurred in the performance of their duties.
(F) The corporation counsel or other chief law officer of the city shall act as legal advisor and counsel to the board, and shall attend the meetings of the board; provided, however, that the corporation counsel shall recuse in the event that a conflict should arise as defined in the Rules of Professional Conduct adopted by the Kentucky Supreme Court.
(G) Meetings of the board of ethics shall be held, as necessary, upon the call of the chairperson or at the written request of a majority of the members.
(H) The presence of three (3) or more members shall constitute a quorum and the affirmative vote of three (3) or more members shall be necessary for any official action to be taken. Any member of the board of ethics who has a conflict of interest with respect to any matter to be considered by the board shall disclose the nature of the conflict, shall disqualify himself or herself from voting on the matter, and shall not be counted for purposes of establishing a quorum.
(I) The board of ethics shall annually elect a chairperson from among its membership. The chairperson shall preside at meetings of the board and shall be a full voting member of the board. Minutes shall be kept for all proceedings of the board of ethics and the vote of each member on any issue decided by the board shall be recorded in the minutes.
(Ord. No. 19-94, 12-6-94; Am. Ord. No. 02-20, 2-18-20)
The executive authority of the city, with the approval of the legislative body, may appoint two (2) alternate members of the board of ethics who may be called upon to serve when any regular member of the board is unable to discharge his or her duties. An alternate member shall be appointed for a term of one (1) year. Alternate members shall meet all qualifications and be subject to all of the requirements of this chapter that apply to regular members.
(Ord. No. 19-94, 12-6-94; Am. Ord. No. 02-20, 2-18-20)
Within the limits of the funds appropriated by the legislative body in the annual budget, the city shall provide the board of ethics, either directly or by contract or agreement, with the facilities, materials, supplies, and staff needed for the conduct of business
(Ord. No. 19-94, 12-6-94; Am. Ord. No. 02-20, 2-18-20)
The board of ethics shall have the following powers and duties:
(A) To initiate on its own motion, receive and investigate complaints, hold hearings, and make findings of fact and determinations with regard to alleged violations of the provisions of this chapter.
(B) To issue orders in connection with its investigations and hearings requiring persons to submit in writing and under oath reports and answers to questions that are relevant to the proceedings and to order testimony to be taken by deposition before any individual designated by the board of ethics who has the power to administer oaths.
(C) To administer oaths and to issue orders requiring the attendance and testimony of witnesses and the production of documentary evidence relating to an investigation or hearing being conducted by the board of ethics.
(D) To refer any information concerning violations of this chapter to the executive authority of the city, the city legislative body, the governing body of any city agency, the corporation counsel, the county or commonwealth's attorney, or other appropriate person or body, as necessary.
(E) To render advisory opinions to city and city agency officers and employees regarding whether a given set of facts and circumstances would constitute a violation of any provision of this chapter.
(F) To enforce the provisions of this chapter with regard to all persons who are subject to its terms by issuing appropriate orders and imposing penalties authorized by this chapter.
(G) To control and maintain all statements of financial interests that are required to be filed by this chapter and to insure that all statements are available for public inspection in accordance with the requirements of this chapter and the Kentucky Open Records Act.
(H) To develop and submit any reports regarding the conduct of its business that may be required by the executive authority or legislative body of the city.
(I) To adopt rules and regulations and to take other actions, as necessary, to implement the provisions of this chapter, provided that the rules, regulations, and actions are not in conflict with the provisions of this chapter or any state or federal law; and to provide training and education on the city ethics code to officials and employees.
(J) To review on an annual basis the list of officials required to file annual disclosure statements, and to determine whether the lists are complete and accurate. By February 15 of each succeeding year, the board of ethics shall (a) cause to be filed with the city clerk a list of the names and offices, or positions, of all officials and employees and any others required to file annual disclosure statements pursuant to § 27.020; and (b) notify all such persons of their obligation to file an annual disclosure statement.
(K) The board of ethics shall prepare forms for complaints and for financial disclosure statements, and make these forms available at the city clerk’s office and on the city’s website.
(L) By June 15 of each succeeding year, the board of ethics shall review all annual financial disclosure statements filed with it to determine whether any person required to file such statement has failed to file it, has filed a deficient statement, or has filed a statement that reveals a possible or potential violation of this ethics code. If the board determines that a disclosure statement is deficient or reveals a possible or potential violation of this ethics code, the board will notify the person in writing of the deficiency or possible or potential violation, and of the penalties for failure to comply with this ethics code.
(M) In the event of the recusal of the corporation counsel, to retain independent legal counsel to advise and represent the board.
(Ord. No. 19-94, 12-6-94; Am. Ord. No. 02-20, 2-18-20)
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