Section
General Provisions
35.01 Purpose; authority
35.02 Definitions
35.03 Conflicts of interest
Financial Disclosure
35.15 Who must file
35.16 Contents of the financial interest statement
35.17 Noncompliance with filing requirement
35.18 Where to file statements
Nepotism
35.30 Nepotism prohibited
County Ethics Commission
35.45 Membership; compensation
35.46 Term; appointment
35.47 Vacancies
35.48 Powers; duties
35.49 Complaint procedure; preliminary investigations
35.50 Action by Commission
35.51 Appeals
35.99 Penalty
Cross-reference:
County Policies, see Ch. 36
Government Organization, see Ch. 30
Personnel Administration, see Ch. 34
GENERAL PROVISIONS
(A) Pursuant to the authority granted by KRS Chapter 65, the county hereby establishes a code of ethics to guide the conduct of elected and appointed county officers and employees, including members of the Fiscal Court, Sheriff, County Attorney, County Clerk, Jailer, Coroner, Surveyor, and Constable.
(B) It is the purpose of this chapter to provide a method of assuring that standards of ethical conduct for local government officers and employees shall be clear, consistent, and uniform in their application, and to provide local officers and employees with advice and information concerning possible conflicts of interest which might arise in the conduct of their public duties.
(Prior Code, § 25.001) (Ord. 94-9, passed 11-9-1994)
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
BUSINESS ASSOCIATE. Includes the following:
(1) A private employer;
(2) A general or limited partnership, or a general or limited partner within the partnership;
(3) A corporation that is family-owned or in which all shares of stock are closely-held, and the shareholders, owners, and officers of such a corporation; and
(4) A corporation, business association, or other business entity in which the county government officer or employee serves as a compensated agent or representative.
BUSINESS ORGANIZATION. Any corporation, partnership, sole proprietorship, form, enterprise, franchise, association, organization, self-employed individual, holding company, joint stock company, receivership, trust, professional services corporation, or any legal entity through which business is conducted for profit.
CANDIDATE. An individual who seeks nomination or election to a county government office. An individual is a CANDIDATE when the individual:
(1) Files a notification and declaration for nomination for office with a County Clerk or the Secretary; or
(2) Is nominated for office by a political party under KRS 118.105, 118.115, 118.325, or 118.760.
COUNTY GOVERNMENT AGENCY. Any board, commission, authority, non-stock corporation, or other entity formed by the county government or a combination of local governments.
COUNTY GOVERNMENT EMPLOYEE. Any person, whether compensated or not, whether full-time or part-time, employed by or serving the county government, or county government agency who is not a county government officer, but shall not mean any employee of a school district or school board.
COUNTY GOVERNMENT OFFICER. Any person, whether compensated or not, whether full-time or part-time, who is elected to any county government office; or any person who serves as a member of the governing body of any county government agency or special taxing or non-taxing district.
FAMILY MEMBER. Any relative who is first cousin or closer in relationship, by blood or marriage.
MEMBER OF IMMEDIATE FAMILY. A spouse, an unemancipated child residing in an individual’s household, or a person claimed by the individual or individual’s spouse as a dependent for tax purposes.
(Prior Code, § 25.002) (Ord. 94-9, passed 11-9-1994)
(A) No county government officer or employee or member of his or her immediate family shall have an interest in a business organization or engage in any business, transaction, or professional activity which is in substantial conflict with the proper discharge of his or her duties in the public interest.
(B) No county government officer or employee shall use or attempt to use his or her official position to secure unwarranted privileges or advantages for himself or herself.
(C) No county government officer shall act in his or her official capacity in any matter where he or she, a member of his or her immediate family, or a business organization in which he or she has an interest, has a direct or indirect financial or personal involvement that might reasonably be expected to impair his or her objectivity or independence of judgment.
(D) No county government officer or employee shall undertake any employment or service, compensated or not, which might reasonably be expected to prejudice his or her independence of judgment in the exercise of his or her official duties.
(E) No county government officer or employee shall be prohibited from giving or receiving any award publicly presented in recognition of public service, reasonable commercial loans made in the ordinary course of the lender’s business, or reasonable hosting, including travel and expenses, entertainment, meals, or refreshments furnished in connection with public events, appearances, ceremonies, or fact finding trips related to official county government business.
(F) No county government officer shall be prohibited from accepting gratuity for solemnizing a marriage.
(G) No county government officer or employee shall use, or allow to be used, in his or her public office or employment, or any information not generally available to the members of the public, which he or she receives or acquires in the course of and by reason of his or her office or employment, for the purpose of securing financial gain for himself or herself, or any member of his or her immediate family.
(H) No county government officer or employee or business organization in which he or she has an interest shall represent any person or party other than the local government in connection with any cause, proceeding, application, or other matter pending before any agency in the local government in which he or she serves.
(I) No county government officer shall be deemed in conflict with these provisions if, by reason of his or her participation in the enactment of any ordinance, resolution, or other matter required to be voted upon or which is subject to executive approval or veto, no material or monetary gain accrues to him or her as a member of any business, profession, occupation, or group, to any greater extent than any gain could reasonably be expected to accrue to any other member of such business, profession, occupation, or group.
(J) No elected county government officer shall be prohibited from making an inquiry for information or providing assistance on behalf of a constituent, if no fee, reward, or other thing of value is promised to, given to, or accepted by the officer or a member of his or her immediate family, whether directly or indirectly, in return therefor.
(K) Nothing shall prohibit any county government officer or employee, or members of his or her immediate family, from representing himself or herself, or themselves, in negotiations for proceedings concerning his, her, or their own interests.
(Prior Code, § 25.100) (Ord. 94-9, passed 11-9-1994) Penalty, see § 35.99
FINANCIAL DISCLOSURE
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