(A) Every officer and employee of the city and county shall comply with the following standards of conduct.
(1) No officer, employee, board or commission member, nor any immediate family member of any officer, employee or board or commission member, 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, board or commission member’s public duties.
(2) No officer, employee, board or commission member shall intentionally use or attempt to use his or her official position with the city or county to secure unwarranted privileges or advantages for himself or herself or others.
(3) No city or county government officer, employee, board or commission member shall act in his or her official capacity in any matter where he or she, a member of his or her immediate family or a business organization in which he or she has an interest, has a direct or indirect financial or personal involvement that might reasonably be expected to impair his or her objectivity or independence of judgment.
(4) No city or county government officer, employee, board or commission member shall undertake any employment or service, compensated or not, which might reasonably be expected to prejudice his or her independence of judgment in the exercise of his or her official duties.
(5) Every officer, employee, board or commission member who has a prohibited financial interest which the officer, employee, board or commission member 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 interest to the governing body of the city or county or city or county agency served by the officer, employee, board or commission member and the disclosure shall be entered on the official record of the proceedings of the governing body. The officer, employee, board or commission member shall refrain from taking any action with respect to the matter that is the subject of the disclosure.
(6) No city or county government officer, employee, board or commission member or member of his or her immediate family, or business organization in which he has an interest, shall solicit or accept any gift, favor, loan, political contribution, service, promise of future employment, or other thing of value based upon an understanding that the gift, favor, loan, contribution, service, promise or other thing of value was given or offered for the purpose of influencing him or her, directly or indirectly, in the discharge of his or her official duties. This provision shall not apply to the solicitation or acceptance of contributions to the campaign of an announced candidate for elective public office of government by the Kentucky Revised Statutes.
(7) No city or county government officer, employee, board or commission member shall be prohibited from giving or receiving an award publicly presented in recognition of public service, or reasonable hosting, including travel and expenses, entertainment, meals or refreshments furnished in connection with public events, appearances, ceremonies or fact-finding trips related to official city or county government business, or commercially reasonable loans made in the ordinary course of a lender’s business.
(8) No city or county government officer shall be prohibited from accepting a gratuity for solemnizing a marriage.
(9) No city or county government officer, employee, board or commission member, or business organization in which he or she has an interest shall represent any person or party other than the local government in connection with any cause, proceeding, application or other matter pending before any agency in the local government in which he or she serves.
(10) No city or county government officer shall be deemed in conflict with these provisions if, by reason of his or her participation in the enactment of any ordinance, resolution or other matter required to be voted upon or which is subject to executive approval or veto, no material or monetary gain accrues to him or her as a member of any business, profession, occupation or group, to any greater extent than any gain could reasonably be expected to accrue to any other member of such business, profession, occupation or group.
(11) No elected city or county government officer shall be prohibited from making an inquiry for information or providing assistance on behalf of a constituent, if no fee, reward or other thing of value is promised to, given to or accepted by the officer or a member of his or her immediate family, whether directly or indirectly, in return therefor.
(12) Nothing shall prohibit any city or county government officer, employee, board or commission member or members of his or her immediate family, from representing himself, herself or themselves, in negotiations or proceedings concerning his, her or their own interests.
(13) No officer, employee, board or commission member shall be deemed in violation of any provision of this section it by reason of the officer’s, employee’s, board or commission member’s participation, vote, decision, action or inaction, no financial benefit accrues to the officer, employee, board or commission member, a family member, an outside employer or a business in which the officer, employee, board or commission member, or any family member has a financial interest, or any business with which the officer, employee, board or commission member, or any family member is negotiating or seeking prospective employment, or other business or professional relationship, 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.
(B) (1) No officer, employee, board or commission member of the city or county, or any city or county 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 county, or a city or county agency, except as follows:
(a) The prohibition in division (B)(1) above shall not apply to contracts entered into before an elected officer filed as a candidate for city or county office, before an appointed officer was appointed to a city or county, or city or county agency office, or before an employee was hired by the city or county, or city or county agency. However, if any contract entered into by a city or county, or city or county agency officer, employee, board or commission member, before he or she became a candidate, was appointed to office, or was hired as an employee, is renewable after he or she becomes a candidate, assumes the appointed office, or is hired as an employee, then the prohibition in division (B)(1) above shall apply to the renewal of the contract.
(b) The prohibition in division (B)(1) above shall not apply if the contract is awarded after public notice and competitive bidding, unless the officer, employee, board or commission member 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, board or commission member has any of the authorities set forth in the preceding sentence, then the officer, employee, board or commission member shall have no interest in the contract, unless the requirements set forth in division (B)(1)(c) below are satisfied.
(c) The prohibition in division (B)(1) above 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, employee’s, board or commission member’s interest in the contract are publicly disclosed at a meeting of the governing body of the city or county, or city or county agency and refrain from participating in voting;
2. The disclosure is made a part of the official record of the governing body of the city or county, or city or county agency before the contract is executed;
3. A finding is made by the governing body of the city or county, or city or county agency that the contract with the officer, employee, board or commission member is in the best interest of the public and the city or county, or city or county agency because of price, limited supply or other specific reasons; and
4. The finding is made a part of the official record of the governing body of the city or county or city or county agency before the contract is executed.
(2) Any violation of this section shall result in a civil fine payable to the Commission not to exceed $500. Additionally, a violation of this section shall be grounds for removal from office or employment with the city or county in accordance with any applicable provisions of state law and ordinances, rules or regulations of the city or county.
(Prior Code, § 33.15) (Ord. 28-1994, passed 10-24-1994)