(A) The Campbell County Ethics Commission is hereby created which shall have the powers to enforce all provisions of the code of ethics, adopted by Ordinance O-19-94.
(B) The Commission shall be composed of three members to be appointed by the County Judge Executive, and confirmed by the fiscal court. Appointment shall be for a term of one
. Members will be reimbursed for expenses incurred. Staff assistance will be supplied by the
.
(1) All appointments shall be made no later than 60 days after the adoption of this chapter.
(2) Vacancies on the County Ethics Commission shall be filled within 60 days by the
judge/executive subject to the approval of the fiscal court. If a vacancy is not filled by the
judge/executive within 60 days, the County Commissioners
fill the vacancy. All vacancies shall be filled for the remainder of the unexpired term.
(C) Powers and duties.
(1) The Commission shall have jurisdiction over the administration of this code.
(2) The Commission
receive complaints; and conduct investigations, inquiries, and hearings concerning any matter covered by this code.
(3) The Commission shall prescribe and provide forms for reports, statements, notices, and other documents required by this code.
(4) The Commission shall determine whether the required statements and reports have been filed, and if filed, whether they conform with the requirements of this code. The Commission shall promptly give notice to the filer to correct or explain any omission or deficiency.
(5) The Commission
retain private counsel at the expense of the
if the
attorney has an actual or potential conflict. Any counsel must be pre-approved by the fiscal court.
(D) Complaint procedure; preliminary investigations.
(1) (a) Upon a complaint signed under penalty of perjury by any
, or upon its own motion, Commission shall investigate any alleged violation of this code.
(b) After the Commission receives the complaint, the Commission shall initiate a preliminary inquiry into any alleged violation of this code. This shall be done in a timely manner.
(c) The Commission shall forward a copy of the complaint and a general statement of the applicable law to the
alleged to have committed a violation. This shall be done in a timely manner.
(2) All Commission proceedings and records relating to a preliminary investigation shall be subject to the open meetings or open records act.
(a) The Commission
turn over to the Commonwealth’s attorney or
attorney of the jurisdiction in which the offense allegedly occurred, evidence which
be used in criminal proceedings.
(4) The Commission shall afford a
who is the subject of a preliminary investigation an opportunity to respond to the allegations in the complaint. The
shall have the right to be represented by counsel, to appear and be heard and to offer evidence in response to the allegations in the complaint.
(5) Any
who knowingly files with the Commission a false complaint of misconduct on the part of any elected or appointed official or other
shall be guilty of a Class A misdemeanor.
(E) Action by Commission.
(1) If the Commission 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 Commission
:
(a) Issue an order requiring the violator to cease and desist the violation.
(b) In writing, publicly reprimand the violator for the violations and provide a copy of the reprimand to the executive authority and governing body (if different than the executive authority) of the
or
agency with which the violator serves.
(c) Refer evidence of criminal violations of this chapter or
laws to the
attorney or commonwealth’s attorney for the jurisdiction for prosecution.
(F) Appeals.
(1) Any
found by the Commission to have committed a violation of this code
appeal the action to the Campbell County Circuit Court. The appeal shall be initiated within 30 days after the date of the final action of the Commission by filing a petition with the court against the Commission. The Commission shall transmit to the clerk of the court all evidence considered by the Commission at the public hearing. The court shall hear the appeal upon the records as certified by the Commission.
(Ord. O-19-94, passed 12-7-94)