(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)