1. The Mayor, with the approval of the Board of Commissioners shall appoint a Board of Ethics composed of five (5) members. Effective with the members of the Board of Ethics with terms beginning January 1, 1998, three (3) members shall be appointed for terms of two (2) years. The remaining two (2) members shall be appointed for an initial term of three (3) years. All appointments thereafter shall be for a term of two (2) years. The Mayor, with the approval of the Board of Commissioners, shall appoint three (3) alternate members to serve in the temporary absence of a regular member of the Board of Ethics during hearings that are held as a result of an ethics complaint. The alternate members shall serve during the term of the Mayor. No member shall serve more than three (3) consecutive terms. No person appointed to the Board of Ethics shall hold any other elected or appointed position with any entity subject to the jurisdiction of this Board of Ethics. A member of the Board of Ethics may be removed by a vote of four (4) of the five (5) members of the Board of Commissioners for misconduct or inability to conduct, or willful neglect of duties. Before any member of the Board of Ethics is removed from office, the member shall be afforded the opportunity for a hearing before the Board of Commissioners. The decision of the Board of Commissioners shall be final and non- appealable. The City Attorney shall be assigned to the Board of Ethics for its administrative support. In the event an actual or potential conflict occurs, the Board of Ethics may retain private counsel at the expense of the City. The Board of Ethics will select a chairperson to serve for a one (1) year term. Vacancies on the Board of Ethics shall be filled within sixty (60) days by the Mayor and Board of Commissioners. Members of the Board of Ethics shall serve without compensation but shall be reimbursed for all necessary and reasonable expenses incurred in the performance of their duties. 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. 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 of Ethics shall be recorded in the minutes.
2. Powers and Duties of the Board of Ethics. 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 issue orders requiring the attendance and testimony of those public officials or employees subject to this chapter 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 City Manager, the Board of Commissioners, the governing body of any City agency, the county attorney, or other appropriate person or body, as necessary.
(e) To render advisory opinions to public officials or 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 public officials and employees of the City and City agencies 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 the 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 City Manager or Board of Commissioners.
(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.
3. Filing of Complaints; Complaint Provisions.
(a) All complaints alleging any violation of the provisions of this Chapter shall be submitted to the Office of City Clerk, pursuant to the “Policy for Complaint Procedures” as adopted by the Board of Ethics.
(b) All proceedings and records of the Board of Ethics shall be confidential, subject to the provisions of Kentucky’s Open Meetings and Open Records Acts, until a final determination is made by the Board.
(c) Any person who knowingly files with the Board of Ethics a false complaint alleging a violation of any provision of this Chapter by a public official or employee of the City as defined shall be guilty of a Class A misdemeanor.
(d) The Kentucky Rules of Civil Procedure and the Kentucky Rules of Evidence shall not apply to hearings conducted by the Board of Ethics; however, 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.
(e) All hearings of the Board of Ethics shall be public, unless the members vote to go into executive session in accordance with KRS 61.810.
4. Penalties.
(a) If the Board of Ethics concludes in its report that in consideration of the evidence produced at the hearing a violation of this Chapter did not occur, the Board of Ethics may dismiss the complaint by a majority vote of the entire Board of Ethics; or,
(b) 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 ordinance, the Board of Ethics, after considering any mitigating circumstances, may:
(1) Issue a written formal reprimand to the violator concerning the violation(s) and provide a copy of the reprimand to the City Manager, Board of Commissioners and City agency with which the violator serves or is employed.
(2) Issue a written order requiring the violator to cease and desist the violation.
(3) Recommend in writing to the City Manager, Board of Commissioners and City agency with which the violator serves or is employed, that the violator be sanctioned as recommended by the Board of Ethics, which may include a recommendation for discipline, dismissal, removal from office or employment, or any other penalties as recommended by the Board of Ethics.
(4) Issue a written order requiring the violator to pay a civil penalty of not more than one thousand dollars ($1,000.00), and, at the sole discretion of the Board of Ethics, requiring the violator to pay a portion or all of the reasonable legal costs incurred by the Board of Ethics and/or the City and/or the City agency in relation to the violation(s), which civil penalty and legal costs may be recovered by the City in a civil action in the nature of debt if the offender fails to pay the penalty within a prescribed period of time.
(5) Refer evidence of violations of this Chapter or State or Federal laws to the County Attorney, Commonwealth Attorney or United States Attorney of the jurisdiction for prosecution.
5. Appeals. Any person who is found by the Board to have violated any provision of this Chapter may appeal the finding to the circuit court of the county within thirty (30) days after the date of the final action by the Board of Ethics by filing a petition with the court against the Board. The Board shall transmit to the clerk of the court all evidence considered by the Board at the public hearing. The court shall hear the appeal upon the record as certified by the Board.
6. Limitation 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 by this Board or a complaint alleging a violation is tendered to the Office of City Clerk. A violation shall be deemed to have been discovered by this Board when it is discussed at a meeting attended by a quorum of the Board.
7. Advisory Opinions.
(a) The Board of Ethics may render advisory opinions concerning matters under its jurisdiction, based upon real or hypothetical facts and circumstances, upon its own initiative, or when requested by any public official or employee of the City as defined which is covered by this Chapter.
(b) An advisory opinion shall be requested in writing and shall state relevant facts and ask specific questions.
(c) All advisory opinions shall be public documents.
(d) A written advisory opinion issued by the Board shall be binding on the Board in any subsequent proceeding concerning the facts and circumstances of the particular case if no intervening facts or circumstances arise which would change the opinion of the Board if they had existed at the time the opinion was rendered. However, if any fact determined by the Board to be material was omitted or misstated in the request for an opinion, the Board shall not be bound by the opinion.
(e) A written advisory opinion issued by the Board shall be admissible in the defense of any criminal prosecution or civil proceeding for violations of this Chapter for actions taken in reliance on that opinion.
8. Reprisals Against Persons Disclosing Violations Prohibited.
(a) No public official or employee of the City as defined shall subject to reprisal, or directly or indirectly use, or threaten to use, any official authority or 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:
(1) Prohibiting disciplinary or punitive action if a public official or employee of the City as defined discloses information which he or she knows:
(a) To be false or which he or she discloses with reckless disregard for its truth or falsity.
(b) To be exempt from required disclosure under the provisions of the Kentucky Open Records Act, KRS 61.870 to 61.884.
(c) Is confidential under any other provision of law.
(Ord. BG94-52, 12/13/94; Ord. BG96-5, 2/20/96; Ord. BG97-48, 1/6/98; Ord. BG99-53, 10/19/99; Ord. BG99-64, 12/21/99; Ord. BG2020-31, 10/20/2020; Ord. BG2021-6, 3/2/2021)