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ENFORCEMENT
§ 32.60 BOARD OF ETHICS CREATED.
   (A)   There is hereby created a Board which shall have the authorities, duties and responsibilities as set forth in this code to enforce the provisions of this code.
   (B)   The city and county shall provide the Board, either directly or indirectly or by contract or agreement, with the facilities, materials, supplies, and staff needed for the conduct of its business.
   (C)   The Board shall consist of three members: one shall be appointed by the Mayor and approved by the City Commission; one shall be appointed by the County Judge Executive and approved by the County Fiscal Court; and one shall be appointed by the Daviess County Bar Association and approved by the City Commission and County Fiscal Court. No member of the Board shall hold any elected or appointed office; whether paid or unpaid, or any position of employment or representation, which shall not include the provision of legal services, with the city, county or agency. The members shall serve for a term of three years. No more than two of the members shall be of the same political party. Each member of the Board shall have been a resident of the county for at least one year prior to the date of the appointment and shall reside in the county throughout the term in office. The members of the Board shall be chosen by virtue of their known and consistent reputation for integrity and their knowledge of local government affairs. Any member may be reappointed for up to three consecutive terms.
   (D)   Vacancies on the Board shall be filled within 60 days, subject to the approval of the appropriate legislative body for that appointment. If a vacancy is not filled within 60 days, the remaining members of the Board shall fill the vacancy. All vacancies shall be filled for the remainder of the unexpired terms.
   (E)   Members of the Board shall serve without compensation, unless otherwise approved by the city commission or County Fiscal Court, but shall be reimbursed for all necessary and reasonable expenses incurred in the performance of their duties.
   (F)   The Board shall annually elect a chairperson from among the membership. The chairperson from among the membership. The chairperson shall be the presiding officer and a full voting member of the Board.
   (G)   Meetings of the Board shall be held, as necessary, upon the call of the chairperson or at the written request of a majority of the members.
   (H)   The presence of two or more members shall constitute a quorum and the affirmative vote of two or more members shall be necessary for any official action to be taken. Any member of the Board who has a conflict of interest with respect to any matter to be considered by the Board shall disclose the nature of the conflict, shall disqualify himself or herself from voting on the matter, and shall not be counted for purposes of establishing a quorum.
   (I)   Minutes shall be kept for all proceedings of the Board and the vote of each member on any issue decided by the Board shall be recorded in the minutes.
   (J)   A member of the Board may be removed by the City Commission or County Fiscal Court depending upon which body approved the appointment for misconduct, inability, or willful neglect of duties. Before any member of the Board is removed from office, the member shall be afforded the opportunity for hearing before the body which approved the appointment and in the case of the member appointed by the Bar Association, a hearing shall be before a body composed of two members of the City Commission and two members of the County Fiscal Court.
(Ord. C.3, passed 12-28-1994; Ord. C.4, passed 3-1-1995; Ord. 6-2016, passed 7-19-2016)
§ 32.61 POWER AND DUTIES OF THE BOARD OF ETHICS.
   The Board shall have jurisdiction over the administration of this code and imposition of the penalties prescribed in this code. The Board may:
   (A)   Initiate on its own motion, receive and investigate complaints, hold hearings, and make findings of fact and determinations with regard to alleged violations of the provision of this code.
   (B)   Issue orders in connection with its investigations and hearings requesting persons to submit in writing and under oath reports and answers to questions that are relevant to the proceedings and to order testimony to be taken by deposition before any individual designated by the Board who has the power to administer oaths.
   (C)   Administer oaths and to issue orders requesting the attendance and testimony of witnesses and the production of documentary evidence relating to an investigation or hearing being conducted by the Board.
   (D)   Refer any information concerning violations of this code to the Mayor, County Judge Executive, City Commission, County Fiscal Court, County Attorney, or other appropriate person or body, as necessary.
   (E)   Render advisory opinions in accordance with § 32.67.
   (F)   Control and maintain all statements that are required to be filed by this code and to ensure that the statements are available for public inspection in accordance with the requirements of this code and the Kentucky Open Records Act.
   (G)   Develop and submit any reports regarding the conduct of its business that may be required by the executive authority or legislative body of the city or county.
   (H)   Adopt rules and regulations and to take other actions, as necessary, to implement the provisions of this code, provided that the rules, regulations, and actions are not in conflict with the provisions of this code or any state or Federal law.
(Ord. C.3, passed 12-28-1994; Ord. 6-2016, passed 7-19-2016)
§ 32.62 FILING AND INVESTIGATION OF COMPLAINTS.
   (A)   All complaints alleging any violation of the provisions of this code shall be submitted to the Board. All complaints shall be in writing, signed by the complainant, and shall meet any other requirements established by the Board, The Board shall acknowledge receipt of a complaint to the complainant within ten working days from the date of receipt. The Board shall forward within ten working days to each person who is the subject of the complaint, a copy of the complaint and a general statement of the applicable provisions of this code.
   (B)   Within 30 days of the receipt of a proper complaint, the Board 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 being conducted by the Board shall be confidential, to the extent allowable by the Kentucky Open Meeting and Records Acts, until a final determination is made by the Board, except that the Board may turn over to the Commonwealth 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 code. If the Board concludes that the complaint is outside of its jurisdiction, or is 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 persons against whom the complaint was filed.
   (E)   (1)   If the Board concludes, based ipon its preliminary inquiry, that the complaint is within its jurisdiction and contains allegations sufficient to establish a probable cause that a violation exists, the Board shall notify the person who is the subject of the complaint and may initiate a hearing to determine whether there has been a violation. Should the Board determine mitigating circumstance exists, such as lack of:
         (a)   Significant economic advantage or gain by the officer or employee;
         (b)   Economic loss to the city or county and its taxpayers; or
         (b)   Significant impact on public confidence in city or county government issue.
      (2)   The Board may issue in writing a confidential reprimand to the person and provide a copy to the governing body of the city or county.
   (F)   Any person who knowingly files with the Board a false complaint alleging a violation of any provisions of this code by any person shall be guilty of a Class B misdemeanor, pursuant to KRS 523.040.
(Ord. C.3, passed 12-28-1994; Ord. 6-2016, passed 7-19-2016)
§ 32.63 NOTICE OF HEARINGS.
   If the Board determines that a hearing is necessary, the Board shall issue an order setting the matter for a hearing. This hearing shall eb conducted within 30 days from the date of the order. The Board may allow a continuance for just cause. The order setting the matter for hearing, together with a copy of any regulation of the Board relating to the hearing, shall be sent to the person against whom the complaint was filed within 24 hours of the time the order setting a hearing is issued.
(Ord. C.3, passed 12-28-1994; Ord. 6-2016, passed 7-19-2016)
§ 32.64 HEARING PROCEDURE.
   (A)   The Kentucky Rules of Civil Procedure and the Kentucky Rules of Evidence shall not apply to hearing conducted by the Board. The hearings shall be conducted in accordance with this section and in accordance with any additional rules and regulation adopted by the a Board to afford all parties due process.
   (B)   Prior to the commencement of the hearing, the person against whom the complaint was filed, or their representative, shall have a reasonable opportunity to examine all documents and records obtained or prepared by the Board in connection with the matter to be heard. The Board shall inform the person against whom the complaint was filed, or their representative, of any exculpatory evidence in its possession.
   (C)   All testimony in a Board hearing shall be taken under oath, administered by the presiding officer. All parties shall have the right to call and examine witnesses, introduce exhibits, cross-examine witnesses, submit evidence, and be represented by counsel. All witnesses shall have the right to be represented by counsel.
   (D)   Any person whose name is mentioned during the hearing and who may be adversely affected thereby may appear personally before the Board, with or without counsel, to give a statement regarding the adverse mention, or may file a written statement regarding the adverse mention for incorporation into the record of the proceeding.
   (E)   All hearings of the Board shall be public, unless the members vote to go into executive session in accordance with KRS 61.810.
   (F)   After the conclusion of the hearing, the Board shall begin deliberations in executive session for the purpose of reviewing the evidence before it and making a determination whether a violation of this Code has been proven. Within 30 days after completion of the hearing, the Board shall issue a written report of its findings and conclusions.
   (G)   If the Board concludes in its report that no violation of this Code has occurred, it shall immediately send written notice of this determination to the person against whom the complaint was filed and to the party who filed the complaint.
   (H)   If the Board 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 Code, the Board may:
      (1)   Issue an order requiring the violator to cease and desist the violation.
      (2)   In writing, publicly reprimand the violator for the violations and provide a copy of the reprimand to the Mayor, County Judge Executive, City Commission and County Fiscal Court.
      (3)   In writing, recommend to the City Commission and County Fiscal Court that the violator be sanctioned as recommended by the Board, which may include a recommendation for discipline or dismissal, or removal from office.
      (4)   Issue an order requiring the violator to pay a civil penalty of not more than $1,000 to the City or County treasury as directed by the Board.
      (5)   Refer evidence of criminal violations of this Code or state laws to the County Attorney or Commonwealth’s Attorney of the jurisdiction for prosecution.
(Ord. C.3, passed 12-28-1994; Ord. 6-2016, passed 7-19-2016)
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