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§ 27.046 HEARING PROCEDURE
   (A)   The Kentucky Rules of Civil Procedure and the Kentucky Rules of Evidence shall not specifically apply to hearings conducted by the board; however, such rules may be used as general guidelines, and the hearings shall be conducted in accordance with this section and in accordance with any additional rules and regulations adopted by the board so as to afford all parties the full range of due process rights required by the nature of the proceedings.
   (B)   Prior to the commencement of the hearing, the alleged violator, or his or her representative, shall have a reasonable opportunity to examine all documents and records obtained or prepared by the board of ethics in connection with the matter to be heard. The board of ethics shall inform the alleged violator, or his or her representative, of any exculpatory evidence in its possession.
   (C)   All testimony in a board of ethics hearing shall be taken under oath, administered by the presiding officer. All parties shall have the right to call and examine witnesses, to introduce exhibits, to cross-examine witnesses, to submit evidence, and to be represented by counsel.
   (D)   Any person whose name is mentioned during the hearing and who may be adversely affected thereby may appear personally before the board, with or without counsel, to give a statement regarding the adverse mention, or may file a written statement regarding the adverse mention for incorporation into the record of the proceeding.
   (E)   All hearings of the board of ethics shall be public, unless the board determines to go into executive session in accordance with KRS 61.810.
   (F)   After the conclusion of the hearing, the board of ethics shall, as soon as practicable, make a determination whether a violation of this chapter has been proven. Within thirty (30) days after the completion of the hearing, the board shall issue a written report of its findings and conclusions.
   (G)   If the board of ethics concludes in its report that no violation of this chapter has occurred, it shall immediately send written notice of this determination to the officer or employee who was the subject of the complaint and to the party who filed the complaint.
   (H)   If the board of ethics concludes in its report that in consideration of the evidence produced at the hearing, there is clear and convincing proof of a violation of this chapter, the board may:
      (1)   Issue an order requiring the violator to cease and desist the violation.
      (2)   In writing, publicly reprimand the violator for the violations and provide a copy of the reprimand to the executive authority and governing body of the city or city agency with which the violator serves.
      (3)   In writing, recommend to the executive authority and the governing body (if different than the executive authority) that the violator be sanctioned as recommended by the board, which may include a recommendation for discipline or dismissal, or removal from office.
      (4)   Refer evidence of criminal violations of this chapter or state laws to the county attorney or commonwealth’s attorney for prosecution.
(Ord. No. 19-94, 12-6-94; Am. Ord. No. 02-20, 2-18-20)
§ 27.047 APPEALS
   Any person who is found guilty of a violation of any provision of this chapter by the board of ethics may appeal the finding to the Madison Circuit Court within thirty (30) days after the date of the final action by the board of ethics by filing a petition with the court specifying a petition against the action of the board of ethics. The board of ethics shall transmit to the clerk of the court all evidence considered by it at the public hearing.
(Ord. No. 19-94, 12-6-94; Am. Ord. No. 02-20, 2-18-20)
§ 27.048 LIMITATIONS OF ACTIONS
   Except when the period of limitation is otherwise established by state law, an action for a violation of this chapter must be brought within one (1) year after the violation is discovered.
(Ord. No. 19-94, 12-6-94; Am. Ord. No. 02-20, 2-18-20)
§ 27.049 REPRISALS AGAINST PERSONS DISCLOSING VIOLATIONS PROHIBITED
   (A)   No officer or employee of the city or any city agency shall subject to reprisal, or directly or indirectly use, or threaten to use, any official authority to influence in any manner whatsoever which tends to discourage, restrain, deter, prevent, interfere with, coerce, or discriminate against any person who in good faith reports, discloses, divulges, or otherwise brings to the attention of the board of ethics or any other agency or official of the city or the commonwealth any facts or information relative to an actual or suspected violation of this chapter.
   (B)   This section shall not be construed as prohibiting disciplinary or punitive action if an officer or employee of the city or any city agency discloses information which he knows:
      (1)   To be false or which he discloses with reckless disregard for its truth or falsity.
      (2)   To be exempt from the required disclosure under the provisions of the Kentucky Open Records Act, KRS 61.884.
      (3)   Is confidential under any other provision or law.
(Ord. No. 19-94, 12-6-94; Am. Ord. No. 02-20, 2-18-20)
§ 27.050   ADVISORY OPINIONS
   (A)   The board of ethics may render advisory opinions concerning matters under its jurisdiction, based upon real circumstances, upon its own initiative, or when requested by any officer or employee of the city or a city agency subject to the provisions of this ethics code.
   (B)   An advisory opinion shall be requested in writing and shall state relevant facts and pose specific questions. The request for an advisory opinion shall remain confidential unless confidentiality is waived in writing by the requester.
   (C)   All advisory opinions shall be public documents, provided that prior to publicly issuing an advisory opinion, it shall be modified so that the identity of any person associated with the opinion shall not be revealed.
   (D)   The confidentiality of an advisory opinion may be waived either:
      (1)   In writing by the person who requested the opinion, or
      (2)   By majority vote of the members of the board, if a person makes or purports to make public the substance of any portion of an advisory opinion requested by or on behalf of the person. In such event, the board may vote to make public the advisory opinion, the request for advisory opinion, and related materials.
(Ord. No. 02-20, 2-18-20)
§ 27.099 PENALTY
   (A)   In addition to all other penalties which may be imposed under this chapter, any officer or employee of the city or any city agency who is found by the board of ethics to have violated any provision of this chapter shall forfeit to the city or the city agency an amount equal to the economic benefit or gain which the officer or employee is determined by the board to have realized as a result of the violation. The amount of any forfeiture may be recovered by the city in a civil action in the nature of debt, if the offender fails to pay the amount of forfeiture within a prescribed period of time.
   (B)   In addition to all other penalties which may be imposed under this chapter, a finding by the board of ethics that an officer or employee of the city or any city agency is guilty of a violation of this chapter may be sufficient cause for removal, suspension, demotion, or other disciplinary action by the executive authority of the city or city agency, or by any other officer or agency having the power of removal or discipline, to include the city council in the event that the person found guilty of a violation of this chapter is an elected official, pursuant to KRS 83A.040(9). Any action to remove or discipline any officer or employee for a violation of this chapter shall be taken in accordance with all applicable ordinances and regulations of the city and all applicable laws of the commonwealth.
(Ord. No. 19-94, 12-6-94; Am. Ord. No. 02-20, 2-18-20)