Section
40.01 Definitions
40.02 Conflicts of interest
40.03 Conflicts of interest in contracts
40.04 Receipt of gifts
40.05 Use of city property, equipment and personnel
40.06 Misuse of confidential information
40.07 Financial disclosure
40.08 When to file financial disclosure
40.09 Maintenance of financial disclosure statements
40.10 Contents of financial disclosure statements
40.11 Nepotism prohibited
40.12 Ethics Board created
40.13 Power and duties of the Board
40.14 Filing and investigation of complaints
40.15 Notice of hearing
40.16 Hearing procedure
40.17 Appeals
40.18 Limitation of actions
40.19 Advisory opinions
40.20 Reprisals against persons disclosing violations prohibited
40.99 Penalties
As used in this chapter, unless the context clearly requires a different meaning:
“BUSINESS.” Any person or legal entity through which business is conducted for profit.
“CANDIDATE.” An individual who seeks nomination or election to a city office and who has filed the notification and declaration required by law.
“CITY AGENCY.” Any entity created, either individually or jointly, by the City.
“EMPLOYEE.” Any paid full time or part time person who is employed by the City but shall not include any contractor or subcontractor or their employees.
“ETHICS BOARD” or “BOARD.” The City of Dayton Ethics Board created by this chapter.
“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 or unemancipated child.
“OFFICER.” The Mayor, a member of City Council, the city administrator, a person who occupies a nonelected office created under KRS 83A.080 or a member of the governing body of any city agency who has been appointed thereto by the city.
(Ord. 1994-18, passed 11-15-94)
Every officer and employee of the city or one of its agencies shall comply with the following standards of conduct:
(A) No officer or employee, or any immediate family member thereof, shall have an interest in a business transaction or activity which is in substantial conflict with the proper discharge of the officer’s or employee’s public duties.
(B) No officer or employee shall intentionally use or attempt to use his official position with the city to secure unwarranted privileges or advantages for himself or others.
(C) No officer or employee shall intentionally take or refrain from taking any discretionary action, or agree to do so, or attempt to induce any other officer or employee to take or refrain from taking any discretionary action, on any matter before the city or its agency in order to obtain a financial benefit for any of the following:
(1) The officer or employee.
(2) A family member.
(3) An outside employer of the officer or employee or a family member.
(4) Any business in which the officer or employee, or any family member has a financial interest.
(5) Any business with which the officer or employee or any family member is negotiating or seeking prospective employment or other business or professional relationship.
(D) No officer or employee shall be deemed in violation of any provision in this section if, by reason of the officer’s or employee’s participation, vote, decision, action or inaction, no financial benefit accrues to the persons listed in (C)(1) through (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 or employee who has, or has reason to believe he has, a prohibited financial interest under this section, shall disclose the precise nature of the interest which disclosure shall be entered on the financial record of the city or its agency and the officer or employee shall refrain from taking any action with respect to the matter.
(Ord. 1994-18, passed 11-15-94)
No officer or employee of the city or any of its agencies 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:
(A) The prohibition in 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 one of its agencies, or before an employee was hired by the city or one of its agencies. However, if any contract entered into by a city or city agency officer or employee before he became a candidate, was appointed to office, or was hired as an employee, is renewable after he becomes a candidate, assumes the appointed office, or is hired as an employee, the prohibition contained in this section shall apply to the renewal of the contract.
(B) The prohibition in this section shall not apply if the contract is awarded after public notice and competitive bidding, unless the officer or employee is authorized to participate in establishing the contract specifications, awarding the contract, or managing contract performance after the contract is awarded. If the officer or employee has any of the authorities set forth in the preceding sentence, then the officer or employee shall have no interest in the contract, unless the requirements set forth in subpart (C) below are satisfied.
(C) The prohibition in this section shall not apply in any case where the following requirements are satisfied:
(1) The specific nature of the contract transaction and the nature of the officer’s or employee’s interest in the contract are publicly disclosed at a meeting of the governing body of the city or its agency.
(2) The disclosure is made a part of the official record of the governing body of the city or its agency before the contract is executed.
(3) A finding is made by the governing body of the city or its agency that the contract with the officer or employee is in the best interest of the public and the city or its agency because of price, limited supply, or other specific reasons.
(4) The finding is made a part of the official record of the governing body of the city or its agency before the contract is executed.
(Ord. 1994-18, passed 11-15-94)
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