(A) Establishment. The county’s Board of Ethics is established having the authorities, duties and responsibilities as set forth in this chapter to enforce the provisions of this chapter.
(B) Composition of Board.
(1) Appointment. The county’s Board of Ethics shall consist of five members who shall be appointed by the executive authority of the city or county, subject to the approval of the legislative body (if different from the executive authority). The executive authorities of the Cities of Elizabethtown, Radcliff, Vine Grove and West Point, and the Judge Executive of the county shall each appoint one of the five members of the county’s Board of Ethics as outlined in this section.
(2) Term. The initial members of the county’s Board of Ethics shall be appointed within 60 days of the effective date of this chapter. The members shall serve for a term of three years; except that, with respect to the members initially appointed, one member shall be appointed for a term of one year, two members shall be appointed for a term of two years and two members shall be appointed for a term of three years. The length of the initial term of a member appointed by an executive authority shall be determined by a random draw. Thereafter, all appointments shall be for a term of three years. The members may be reappointed for any number of consecutive terms.
(3) Requirements. No member of the county’s Board of Ethics shall hold any elected or appointed office, whether paid or unpaid, or any position of employment with the city or county or any city or county agency. Each member of the county’s Board of Ethics shall have been a resident of the city or county for at least one year prior to the date of the appointment and shall reside in the city or county throughout the term in office. The members of the county’s Board of Ethics shall be chosen by virtue of their known and consistent reputation for integrity and their knowledge of local government affairs.
(4) Removal. A member of the county’s Board of Ethics may be removed by the executive authority appointing them, subject to the approval of the legislative body (if different from the executive authority) for misconduct, inability or willful neglect of duties. Before any member of the Board of Ethics is removed from office under this section, the member shall be afforded the opportunity for a hearing before the executive authority and the legislative body (if different from the executive authority).
(5) Vacancies. Vacancies on the county’s Board of Ethics shall be filled within 60 days by the executive authority appointing them, subject to the approval of the legislative body (if different from the executive authority). If a vacancy is not filled by the executive authority within 60 days, the remaining members of the county’s Board of Ethics shall fill the vacancy. All vacancies shall be filled for the remainder of the unexpired term.
(6) Compensation. Members of the county’s Board of Ethics shall serve without compensation, unless otherwise approved by the legislative bodies, but shall be reimbursed for all necessary and reasonable expenses incurred in the performance of their duties, subject to authorization by each legislative body.
(7) Chairperson. The Board of Ethics shall, upon the initial appointment of its members, and annually thereafter, elect a Chairperson from among the membership. The Chairperson shall be the presiding officer and a full voting member of the Board.
(8) Meetings. Meetings of the county’s Board of Ethics shall be held, as necessary, upon the call of the Chairperson or at the written request of a majority of the members.
(9) Voting. The presence of three or more members shall constitute a quorum and the affirmative vote of three or more members shall be necessary for any official action to be taken. Any member of the county’s Board of Ethics who has a conflict of interest with respect to any matter to be considered by the Board shall disclose the nature of the conflict, shall disqualify himself or herself from voting on the matter, and shall not be counted for purposes of establishing a quorum.
(10) Minutes. Minutes shall be kept for all proceedings of the county’s Board of Ethics and the vote of each member on any issue decided by the Board shall be recorded in the minutes.
(C) Facilities. Within the limits of the funds appropriated by the legislative body in the annual budget, the legislative body shall provide the county’s Board of Ethics, either directly or by contract or agreement, with the facilities, materials, supplies and staff needed for the conduct of its business.
(D) Power and duties. The county’s Board of Ethics shall have the following power and duties:
(1) To receive and investigate complaints, hold hearings and make findings of fact and determinations with regard to alleged violations of the provisions of this chapter;
(2) To issue orders in connection with its investigations and hearings requiring persons to submit in writing and under oath reports and answers to questions that are relevant to the proceedings and to order testimony to be taken by deposition before any individual designated by the Board who has the power to administer oaths;
(3) To administer oaths and to issue orders requiring the attendance and testimony of witnesses and the production of documentary evidence relating to an investigation or hearing being conducted by the Board;
(4) To refer any information concerning violations of this chapter to the executive authority of the city or county, the city or county legislative body, the governing body of any city or county agency, the City or County Attorney or other appropriate person or body, as necessary;
(5) To render advisory opinions to the city or county and city or county agency officers, employees, board or commission members regarding whether a given set of facts and circumstances would constitute a violation of any provision of this chapter;
(6) To enforce the provisions of this chapter with regard to all officers, employees, board or commission members of the city or county and city and county agencies who are subject to its terms by issuing appropriate orders and imposing penalties authorized by this chapter;
(7) To control and maintain all statements of financial interests that are required to be filed by this chapter and to ensure that the statements are available for public inspection in accordance with the requirements of this chapter and the state’s Open Records Law, being KRS 61.870 through 61.884;
(8) To develop and submit any reports regarding the conduct of its business that may be required by the executive authority or legislative body of the city or county; and
(9) To adopt rules and regulations and to take other actions, as necessary, to implement the provisions of this chapter; provided that, the rules, regulations and actions are not in conflict with the provisions of this chapter or any state or federal law.
(Prior Code, § 33.50) (Ord. 28-1994, passed 10-24-1994)