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(A) It is the purpose of this chapter to provide a method of assuring that standards of ethical conduct and financial disclosure requirements for officers and employees of the city shall be clearly established, uniform in their application and enforceable; and to provide the officers and employees of the city with advice and information concerning potential conflicts which might arise in the conduct of their public duties.
(B) It is the further purpose of this chapter to meet the requirements of KRS 65.003(c), as enacted by the 1994 Kentucky General Assembly.
(C) This chapter is enacted under the power vested in the city by KRS 82.082 and pursuant to the requirements of KRS 65.003(c).
(Prior Code, § 39.03) (Ord. passed 11-28-1994)
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
APPOINTEE. Any person appointed by the executive authority, City Council or any board, commission, committee or other subdivision of the city.
BOARD OF ETHICS. The Board of Ethics created and vested by this chapter with responsibility for enforcing the provisions of this Code of Ethics.
BUSINESS. Any corporation, partnership, sole proprietorship, 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.
CANDIDATE. Any individual who seeks nomination or election to a city office. An individual is a CANDIDATE when the individual files a notification and declaration for nomination for office with the County Clerk or Secretary of State, is nominated for office by a political party or files a declaration of intent to be a write-in candidate for a public office with the County Clerk or Secretary of State.
CITY. The City of Dawson Springs, Kentucky.
CITY AGENCY. Any board, commission, authority, non-stock corporation, committee or other entity operating as a subdivision of, or under the authority of the city.
EMPLOYEE. Any person, whether full-time or part-time, who is employed by the city. EMPLOYEE shall not include any contractor or subcontractor or any of their employees.
FAMILY MEMBER. A spouse, parent, child, brother, sister, mother-in-law, father-in-law, son-in-law, daughter-in-law, grandparent or grandchild.
IMMEDIATE FAMILY MEMBER. A spouse, an unemancipated child residing in the officer’s, employee’s, appointee’s or volunteer’s household, or one claimed by such person’s spouse, as a dependent for tax purposes.
OFFICER. Any person, whether full-time or part-time, and whether paid or unpaid, who is one of the following:
(1) The Mayor;
(2) A City Council member;
(3) The City Clerk/Treasurer;
(4) The Police Chief;
(5) Any person who occupies a non-elected office created under KRS 83A.080; and
(6) A member of the governing body of any city agency who has been appointed to the governing body of the agency by the city.
VOLUNTEER. Any person performing services for or on behalf of the city, without compensation, and at the request (whether general or specific) of the executive authority, the City Council, any commission, board, committee or other subdivision of the city.
(Prior Code, § 39.04) (Ord. passed 11-28-1994)
STANDARDS OF CONDUCT
Every officer, employee, appointee and volunteer of the city and every city agency shall comply with the following standards of conduct.
(A) No officer, employee, appointee or volunteer, or any immediate family member of any officer, employee, appointee or volunteer, shall have an interest in a business or engage in any business, transaction or activity, which is in substantial conflict with the proper discharge of the officer’s, employee’s, appointee’s or volunteer’s public duties.
(B) No officer, employee, appointee or volunteer shall intentionally use or attempt to use his or her official position with the city to secure unwarranted privileges or advantages for himself or herself or others.
(C) No officer, employee, appointee or volunteer shall intentionally take or refrain from taking any discretionary action, or agree to take or refrain from taking any discretionary action, or induce or attempt to induce any other officer, employee, appointee or volunteer, to take or refrain from taking any discretionary action, on any matter before the city or any city agency in order to obtain a financial benefit for any of the following:
(1) The officer, employee, appointee or volunteer;
(2) A family member;
(3) An outside employer;
(4) Any business in which the officer, employee, appointee or volunteer or any family member, has a financial interest; or
(5) Any business with which the officer, employee, appointee or volunteer, or any family member is negotiating or seeking prospective employment or other business or professional relationship.
(D) No officer, employee, appointee or volunteer shall be deemed in violation of any provision in this section, if, by reason of the officer’s, employee’s, appointee’s or volunteer’s participation, vote, decision, action or inaction, no financial benefit accrues to the officer, employee, appointee or volunteer, a family member, an outside employer or a business as defined in divisions (C)(4) and (C)(5) above, as a member of any business, occupation, profession or other group, to any greater extent than any gain could reasonably be expected to accrue to any other member of the business, occupation, profession or other group.
(E) Every officer, employee, appointee or volunteer who has a prohibited financial interest which the officer, employee, appointee or volunteer believes or has reason to believe may be affected by his or her participation, vote, decision or other action taken within the scope of his or her public duties shall disclose the precise nature and value of the interest, in writing, to the City Council or city agency served by the officer, employee, appointee or volunteer, and the disclosure shall be entered on the official record of the proceedings of the Council or agency. The officer, employee, appointee or volunteer shall refrain from taking any action with respect to the matter that is the subject of the disclosure.
(Prior Code, § 39.15) (Ord. passed 11-28-1994)
(A) No officer, employee, appointee or volunteer of the city or any city agency, shall directly or through others, undertake, execute, hold or enjoy, in whole or in part, any contract made, entered into, awarded or granted by the city or a city agency, except as follows.
(1) The prohibition in division (A) of this section shall not apply to contracts entered into before an elected officer filed as a candidate for city office; before an appointed officer was appointed to a city or city agency office; before an employee was hired by the city or city agency; or before a volunteer commences work or representation on behalf of the city or a city agency. However, if any contract entered into by the city or any city agency officer or employee before he or she became a candidate, was appointed to office, was hired as an employee or began work or representation of the city as a volunteer, is renewable after he or she becomes a candidate, assumes the appointed office, is hired as an employee or begins work as a volunteer, then the prohibition in division (A) above shall apply to the renewal of the contract.
(2) The prohibition in division (A) of this section shall not apply if the contract is awarded after public notice and competitive bidding, unless the officer, employee, appointee or volunteer is authorized to participate in establishing the contract specifications, awarding the contract or managing contract performance after the contract is awarded. If the officer, employee, appointee or volunteer has any of the authorities set forth in the preceding sentence, then the officer, employee, appointee or volunteer shall accept no interest in the contract, unless the requirements set forth below are satisfied.
(a) The specific nature of the contract transaction and the nature of the officer’s, employee’s, appointee’s or volunteer’s interest in the contract are publicly disclosed at a meeting of the City Council, board or other subdivision.
(b) The disclosure is made a part of the official record of the City Council, board or other subdivision before the contract is executed.
(c) A finding is made by the governing body of the city or city agency that the contract with the officer, employee, appointee or volunteer is in the best interests of the public and the city or city agency because of price, limited supply or other specific reason.
(d) The finding is made a part of the official record of the City Council, board or other subdivision before the contract is executed.
(B) Any violation of this section shall constitute a Class A misdemeanor, and, upon conviction, the court may void any contract entered into in violation of this section. Additionally, a violation of this section shall be grounds for removal from office or employment with the city in accordance with any applicable provisions of state law and ordinances, rules or regulations of the city.
(Prior Code, § 39.16) (Ord. passed 11-28-1994)
No officer, employee, appointee or volunteer of the city or any city agency shall directly, or indirectly or through any other person or business, solicit or accept any gift having a fair market value of more than $100, from a single source per year, whether in the form of money, service, loan, travel, entertainment, hospitality, thing or promise, or in any other form, under circumstances in which it could reasonably be inferred that the gift was intended to influence, or could reasonably be expected to influence, the officer, employee, appointee or volunteer in the performance of his or her public duties.
(Prior Code, § 39.17) (Ord. passed 11-28-1994)
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