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NEPOTISM
(A) No officer or employee of the county or government agency shall advocate, recommend, or cause the employment, appointment, promotion, transfer, or advancement of a family member to an office or position of employment with the county or government agency.
(B) No officer or employee of the county or government agency shall supervise or manage the work of a family member.
(C) No officer or employee shall participate in any action relating to the employment or discipline of a family member, except that this prohibition shall not prevent an elected or appointed official from voting on or participating in the development of a budget which includes compensation for a family member, provided that the family member is included only as a member of a class of persons or a group, and the family member benefits to no greater extent than any other similarly situated member of the class or group.
(D) The provisions of this section shall not apply to a public officer’s family member who was employed on or before January 1, 1995, in the same governmental agency in which the public officer serves. This exception is applicable only as long as the current officer is in office or the employee remains employed by the governmental agency.
(Prior Code, § 25.300) (Ord. 94-9, passed 11-9-1994)
COUNTY ETHICS COMMISSION
(A) Membership. The County Ethics Commission shall consist of seven members; not more than one member may be a public official. The Commission member selected as Chairperson shall be a citizen member.
(B) Compensation. Members shall receive no compensation but may be reimbursed all necessary expenses.
(Prior Code, § 25.400) (Ord. 94-9, passed 11-9-1994)
(A) Term. Terms of the members shall be staggered, but no member shall serve longer than four years on this Commission.
(B) Appointment.
(1) Members shall be appointed by the County Judge/Executive with the approval of the Fiscal Court.
(2) All appointments shall be made no later than 60 days after the adoption of this subchapter.
(Prior Code, § 25.401) (Ord. 94-9, passed 11-9-1994)
(A) Vacancies on the County Ethics Commission shall be filled within 60 days by the County Judge/Executive subject to the approval of the Fiscal Court.
(B) If a vacancy is not filled by the County Judge/Executive within 60 days, the remaining members of the County Ethics Commission shall fill the vacancy.
(C) All vacancies shall be filled for the remainder of the unexpired term.
(Prior Code, § 25.402) (Ord. 94-9, passed 11-9-1994)
(A) The Commission shall have jurisdiction over the administration of this code.
(B) The Commission may receive complaints; initiate investigations on its own motion; and conduct investigations, inquiries, and hearings concerning any matter covered by this code.
(C) The Commission may render advisory opinions whether or not a given set of facts and circumstances constitute a violation of any provision of this code.
(D) The Commission shall prescribe and provide forms for reports, statements, notices, and other documents required by this code.
(E) 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.
(F) The Commission may retain private counsel at the expense of the county if the County Attorney has an actual or potential conflict. Any counsel must be preapproved by the Fiscal Court.
(Prior Code, § 25.403) (Ord. 94-9, passed 11-9-1994)
(A) (1) Upon a complaint signed under penalty of perjury by any person, or upon its own motion, the Commission shall investigate any alleged violation of this code.
(2) No later than ten days after the Commission receives the complaint, the Commission shall initiate a preliminary inquiry into any alleged violation of this code.
(3) Within 30 days of the commencement of the inquiry, the Commission shall forward a copy of the complaint and a general statement of the applicable law to the person alleged to have committed a violation.
(B) All Commission proceedings and records relating to a preliminary investigation shall be confidential until a final determination is made by the Commission, except the Commission may turnover to the Commonwealth’s Attorney or County Attorney of the jurisdiction in which the offense allegedly occurred, evidence which may be used in criminal proceedings.
(C) The complainant or alleged violator shall not publicly disclose the existence of a preliminary investigation. The Commission shall not publicly confirm the existence of the inquiry nor make public any documents which were issued to either party.
(D) The Commission shall afford a person who is the subject of a preliminary investigation an opportunity to respond to the allegations in the complaint. The person 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.
(E) Any person who knowingly files with the Commission a false complaint of misconduct on the part of any elected or appointed official or other person shall be guilty of a Class A misdemeanor.
(Prior Code, § 25.404) (Ord. 94-9, passed 11-9-1994)
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