All public officials shall actively avoid conflicting interests. Such conflicting interests include, but are not limited to, the following:
(A) Use of public property. No public official shall request, use, or permit the use or removal of any publicly owned or supported property, labor, service, or personnel for the personal or financial gain of any person or entity, other than city, county or agency use, except when such publicly owned or supported property, labor, service, or personnel is available to the general public or if such is provided as a matter of stated policy ofr the use of public officials in the conduct of official business.
(B) Political activities. No appointment to, or employment in, any city, county or agency position shall be dependent of political activity. No public official shall require any person to engage in any political activity as a condition of appointment or employment.
(C) Confidentiality. All public officials shall maintain strict, confidentiality and not misuse for personal or financial gain any and all matters exempt from public disclosure under KRS Chapter 61, and shall maintain confidentiality with respect to discussions, decisions, or official actions that pertain to industrial recruitment, unless disclosure is required by applicable state or local statutes, rules, regulations or ordinances.
(D) Performance of official functions. Public officials shall:
(1) Discharge public duties without favor, compensation or reward, except from the city or county or agency involved;
(2) Not use or attempt to use their official position to secure unwarranted personal or financial gain, or to avoid consequences of illegal acts, for themselves or others; or
(3) Not act in their official capacity in any matter when the public official or a family member has a direct or indirect financial or personal involvement, or when the public official has reason to know that their action may result in a personal financial benefit for the public official or family member.
(E) Gifts.
(1) No public official shall accept or solicit directly or indirectly, any gift (whether in the form of a gratuity, money, service, loan, travel, entertainment, hospitality, thing or promise) from any person, corporation, or other legal entity that the public official should know is interested directly or indirectly in any manner in business dealings with the city, county or agency.
(2) Notwithstanding division (E)(1) a public official may accept:
(a) Unsolicited, occasional gratuities, not to exceed $50 from any one source;
(b) Unsolicited gratuities, regardless of value, when such gratuities are offered to and remain the property of the city, county or agency;
(c) Admission to events to which they are invited in their official capacity as a public official;
(d) Gratuities offered in appreciation for that public official speaking or making a presentation before any group, provided that such speech or presentation is both related to the public official’s employment or activities outside of municipal service and unrelated to the public official’s service with the city, county or agency;
(e) Campaign contributions or services in connection with their political campaign;
(f) Loans made in the ordinary course of business;
(g) Gifts received from family members; and/or
(h) An occasional non-monetary award publicly presented by a nonprofit organization for performance of public service.
(F) Financial interests. No public official, or their immediate family member, shall directly or through other legal entities undertake, execute, hold, or enjoy, in whole or in part, any contract made, entered into, awarded, or granted by the city, county or agency, which they represent, with the following exceptions:
(1) The prohibition in division (F) shall not apply to contracts entered into before an appointed public official was appointed to the office, or before a public official was hired by the city, county or agency; provided that if the contract is renewable, the prohibition shall apply to any renewal of the contract that occurs after the public official is elected or appointed, or after the public official is hired, unless the provisions of division (F)(2) are satisfied;
(2) The prohibition in this division (F) shall not apply if the contract is awarded after public notice and competitive bidding, unless the public official is authorized to participate in establishing the contract specifications, or awarding, or managing the contract, in which case the following provisions shall apply:
(a) The specific nature of the contract and the nature of the public official’s or their immediate family member’s interest in the contract are publicly disclosed at a meeting of the governing body of the city, county or agency;
(b) The disclosure is made a part of the official record of the governing body of the city, county or agency before the contract is executed;
(c) A finding is made by the governing body of the city, county or agency that the contract with the public official or their immediate family member is in the best interests of the public and the city, county, or agency because of price, supply or other specific reasons;
(d) The finding is made a part of the official record of the governing body of the city, county or agency before the contract is executed; and
(e) The public official shall refrain from taking any official action with respect to the matter that is the subject of the disclosure.
(G) Private employment. No public official, either currently serving or within one year after leaving their position with the city, county or agency, shall represent any private interest in any action, litigation or proceeding before or against the interests of the city, county or agency for which they serve. This standard of conduct shall not be construed to prevent a public official from appearing, without compensation, before any governmental body of the city, county or agency to express personal views as a private citizen.
(Ord. C.3, passed 12-28-1994; Ord. 6-2016, passed 7-19-2016) Penalty, see §
32.99