As used in this chapter, unless the context clearly requires a different meaning:
"ANYTHING OF VALUE." Money, bank bills or notes; a contract, agreement, promise or other obligation for a loan, payment, gift, pledge of money or for forgiveness of indebtedness; stocks, bonds, notes or other investment in an entity; works of art, antiques, collectibles, automobiles; real estate or an interest in real estate; a rebate or discount on the price of anything of value; a promise or offer of employment; and anything of value that is pecuniary or compensatory in value to a person.
"BOARD OF ETHICS." The Board of Ethics which is created and vested by this chapter with the responsibility of enforcing the requirements of this chapter.
"BUSINESS.," Any corporation, partnership, sole proprietorship, joint venture, firm, enterprise, franchise, association, organization, self-employed individual, holding company, joint stock company, receivership, trust, professional service corporation, or any legal entity through which business is conducted for profit.
"CLEAR AND CONVINCING PROOF." Proof with such credibility as to produce in the mind of a reasonable fact finder a belief or conviction that the allegations against a public servant are true.
"CANDIDATE." Any individual who seeks nomination or election to a public office mentioned in paragraph (D) of this section. For the purposes of this Chapter, an individual is a candidate when the individual files a notification and declaration for nomination for one of the public offices specified in this chapter with the county clerk or also the purpose of this chapter to fulfill the KRS Chapter 65 relating to the adoption of a local of ethics as directed by the 1994 Kentucky General secretary of state; is nominated for one of such offices by a political party; or files a declaration of intent to be a write-in candidate for one of the public offices to which this chapter applies with the county clerk or secretary of state.
"COMPENSATION."Any money, thing of value, or economic benefit conferred on, or received by any person for services rendered or to be rendered, by himself or another.
"ELECTED OFFICIAL." Any of the following:
(A) The mayors of the Cities of Henderson and Corydon.
(B) A member of the legislative body of the City of Henderson, the County of Henderson or the City of Corydon.
"EMPLOYEE." Any person, whether full-time or part-time, who is employed by the City of Henderson, the City of Corydon, and/or the County of Henderson. The term "employee" shall not include any contractor, (including those providing professional services), subcontractor or any of their employees.
"FAMILY MEMBER." A spouse, parent, child, brother, sister, motherin-law, father-in-law, son-in-law, daughter-in-law, grandparent or grandchild, stepfather, stepmother, stepson, stepdaughter, stepbrother, stepsister, half-brother, half-sister, related to a public servant, related to a public servant.
"GIFT." A payment, loan, subscription, advance, deposit of money, services, or anything of value, unless consideration of equal or greater value is received.
(C) The Henderson (D) The Henderson (E) The Henderson (F) The Henderson (G) The Henderson (H) The Henderson (I) County Judge/Executive. County Clerk. County Attorney. County Sheriff. County Coroner. County Surveyor.
Each Henderson County Constable.
"IMMEDIATE FAMILY MEMBER." A spouse, an unemancipated child or stepchild residing in the public servant's household, or a person claimed by the officer or employee, or the public servant's spouse, as a dependent for tax purposes.
"INCOME." Any money or thing of value received or to be received as a claim on services to a participant, whether in the form of a fee, salary, expense allowance, forbearance, forgiveness, interest, dividend, royalty, rent, capital gain, or any other form of compensation or any combination thereof.
"LEGISLATIVE BODY." The elected legislative body of each of the participants. In the case of the City of Henderson, "Legislative Body" refers to the Board of Commissioners. In the case of the County of Henderson, "Legislative Body" refers to the Fiscal Court of Henderson County. In the case of the City of Corydon, the term refers to the Corydon Town Council.
"MINIMAL FACTUAL BASIS." proof, which although reliable, may not be otherwise sufficient to support a finding by the Board of Ethics that the public servant complained against violated this chapter, but which tends to show that there was a violation of this chapter and that there is reason to believe that the public servant complained against is the perpetrator.
"OFFICER." Any person, other than an employee or elected official, whether full-time or part-time, and whether paid or unpaid who provides service to the participants or any of them. The term "Officer" shall not include contractors (including those providing professional services), subcontractors or any of their employees.
"PARTICIPANTS." Collectively, the City of Henderson, the County of Henderson, and the City of Corydon, including the public agencies of each governmental entity.
(A) "Applicable Participant." Refers to the participant served by a public servant.
"PUBLIC AGENCY." Every board, commission, authority, non-stock corporation, office, department, division, institution, public authority, public corporation or other public entity created either individually or jointly by any of the participants.
"PUBLIC SERVANT." Each elected official, candidate, officer and employee as defined in this Code of Ethics.
Whenever a provision in this chapter directs that notice be given to a legislative body, such notice shall be given to the Mayor of the City of Henderson; to the County Judge/Executive for the County of Henderson; or to the Mayor of the City of Corydon, as the case may be. (Ord. 94-6, passed 12-15-94)