Skip to code content (skip section selection)
(A) All complaints alleging any violation of the provisions of this article shall be submitted to the Board of Ethics, or the administrative official designated by the Board of Ethics. All complaints shall be in writing, signed by the complainant, and shall meet any other requirements established by the Board of Ethics. Within ten (10) working days the Board of Ethics shall acknowledge receipt of a complaint to the complainant and to each officer or employee of the city or city agency which is the subject of the complaint a copy of the complaint and a general statement of the applicable provisions of this article shall be provided.
(B) Within thirty (30) days of the receipt of a proper complaint, the Board of Ethics shall conduct a preliminary inquiry concerning the allegations contained in the complaint. The Board shall afford a person who is the subject of the complaint 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 under oath, and to offer evidence in response to the allegations.
(C) All proceedings and records relating to a preliminary inquiry shall be conducted by the Board of Ethics in accordance with the requirements of the Kentucky Open Records Law. The Board may turn over to the Commonwealth's attorney or county attorney evidence which may be used in criminal proceedings.
(D) The Board shall make a determination based on its preliminary inquiry whether the complaint is within its jurisdiction and, if so, whether it alleges a minimal factual basis to constitute a violation of this article. If the Board concludes that the complaint is outside of its jurisdiction, frivolous or without factual basis, the Board shall immediately terminate the inquiry, reduce the conclusion to writing, and transmit a copy of its decision to the complainant and to all officers or employees against whom the complaint was filed.
(E) If the Board of Ethics concludes, based upon its preliminary inquiry, that the complaint is within its jurisdiction and contains allegations sufficient to establish a minimal factual basis to constitute a violation, the Board shall notify the officer or employee who is the subject of the complaint and may:
(1) Due to mitigating circumstances, such as lack of significant economic advantage or gain by the officer or employee, lack of economic loss to the city and its taxpayers, or lack of significant impact on public confidence in city government, issue a reprimand, in writing, to the officer or employee concerning the alleged violation and provide a copy of the reprimand to the board of commissioners and governing body of the city or city agency, if the written reprimand is consented to in writing by the individual against whom the complaint was filed.
(2) Initiate a hearing to determine whether there has been a violation.
(F) Any person who knowingly files with the Board a false complaint alleging a violation of any provision of this article by an officer or employee of the city or any city agency shall be guilty of a Class A misdemeanor.
(Ord. No. 1504, § 25, passed 4-25-95; Ord. No. 1857, § 4, 4-13-15)