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(A) The Board of Ethics may render advisory opinions concerning matters under its jurisdiction, based upon real or hypothetical facts and circumstances, upon its own initiative, or when requested by any officer, employee, appointee or volunteer of the city or city agency who is covered by this chapter.
(B) A request for an advisory opinion shall be in writing and shall state relevant facts and ask specific questions. The request for an advisory opinion shall remain confidential unless confidentiality is waived, in writing, by the requester.
(C) The Board may adopt regulations, consistent with the State Open Records Law, being KRS 61.870 through 61.844, to establish criteria under which it will issue confidential advisory opinions. All other advisory opinions shall be public documents; except that, before an advisory opinion is made public, it shall be modified so that the identity of any person associated with the opinion shall not be revealed.
(D) The confidentiality of an advisory opinion may be waived either:
(1) In writing by the person who requested the opinion; or
(2) By majority vote of the members of the Board, if a person makes or purports to make public the substance of any portion of an advisory opinion requested by or on behalf of the person. The Board may vote to make public the advisory opinion request and related materials.
(E) A written advisory opinion issued by the Board shall be binding on the Board in any subsequent proceeding concerning the facts and circumstances of the particular case if no intervening facts or circumstances arise which would change the opinion of the Board if they had existed at the time the opinion was rendered. However, if any fact, determined by the Board to be material was omitted or misstated in the request for an opinion, the Board shall not be bound by its opinion.
(F) A written advisory opinion issued by the Board shall be admissible in the defense of any criminal prosecution or civil proceeding for violations of this chapter for actions taken in reliance on that opinion.
(Prior Code, § 39.69) (Ord. passed 11-28-1994)
(A) No officer, employee, appointee or volunteer of the city or any city agency shall be subject to reprisal, or directly or indirectly use, or threaten to use, any official authority or influence in any manner whatsoever which tends to discourage, restrain, deter, prevent, interfere with, coerce or discriminate against any person who in good faith, reports, discloses, divulges or otherwise brings to the attention of the Board of Ethics or any other agency or official of the city or the commonwealth, any facts or information relative to an actual or suspected violation of this chapter.
(B) This section shall not be construed as prohibiting disciplinary or punitive action if an officer, employee, appointee or volunteer of the city or any city agency discloses information which he or she knows:
(1) To be false or which he or she discloses with reckless disregard for its truth or falsity;
(2) To be exempt from required disclosure under the provisions of KRS 61.870 through 61.884; and/or
(3) Is confidential under any other provision of law.
(Prior Code, § 39.70) (Ord. passed 11-28-1994)
(A) (1) Except when another penalty is specifically set forth in this chapter, any officer, employee, appointee or volunteer of the city or any city agency who is found by the Board of Ethics to have violated any provision of this chapter shall be deemed guilty of a civil offense and may be subject to a civil fine imposed by the Board of Ethics not to exceed $1,000, which may be recovered by the city in a civil action in the nature of debt if the offender fails to pay the penalty within a prescribed period of time.
(2) In addition to all other penalties which may be imposed under this chapter, any officer, employee, appointee or volunteer of the city or any city agency who is found by the Board of Ethics to have violated any provision of this chapter shall forfeit to the city or city agency an amount equal to the economic benefit or gain which the officer, employee, appointee or volunteer is determined by the Board to have realized as a result of the violation. The amount of any forfeiture may be recovered by the city in a civil action in the nature of debt if the offender fails to pay the amount of the forfeiture within a prescribed period of time.
(3) In addition to all other penalties which may be imposed under this chapter, a finding by the Board that an officer, employee, appointee or volunteer of the city or any city agency is guilty of a violation of this chapter shall be sufficient cause for removal, suspension, demotion or other disciplinary action by the executive authority of the city or city agency or by any other officer or agency having the power of removal or discipline. Any action to remove or discipline any officer, employee, appointee or volunteer for a violation of this chapter shall be taken in accordance with all applicable ordinances and regulations of the city and all applicable laws of the commonwealth.
(Prior Code, § 39.99)
(B) (1) Any person who fails, or refuses to remedy a deficiency in the filing identified in the notice under § 39.040 of this chapter, within the time period established in the notice shall be guilty of a civil offense and shall be subject to a civil fine imposed by the Board in an amount not to exceed $25 per day, up to a maximum total civil fine of $500. Any civil fine imposed by the Board under § 39.040 of this chapter may be recovered by the city in a civil action in the nature of debt if the offender fails or refuses to pay the penalty within the prescribed period of time.
(2) Any person who intentionally files a statement of financial interests which he or she knows to contain false information or intentionally omits required information shall be guilty of a Class A misdemeanor.
(Prior Code, § 39.40)
(Ord. passed 11-28-1994)