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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)
(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)
(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)
(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)