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For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
BOARD MEMBER. A member of the governing body or representative of any city agency who has been appointed to the governing body of the agency by the city.
BOARD OF ETHICS. The Northern Kentucky Ethics Enforcement Committee as created by the Northern Kentucky Regional Ethics Authority and vested by this chapter with the responsibility of enforcing the requirements of the city’s 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, or is nominated for office by a political party, or files a declaration of intent to be a write-in candidate with the County Clerk or Secretary of State.
CITY. The City of Erlanger, Kentucky.
CITY AGENCY. Any board, commission, authority, nonstock corporation or other entity created, either individually or jointly, by this city.
CITY BUSINESS. Any discussion of specific city issues that go beyond general information.
CONFIDENTIAL INFORMATION. Information obtained in the course of holding public office or employment, or as a contractor to the city, which is not available to members of the public and which the officer or employee is not authorized to disclose, except to designated individuals or bodies, including written and non-written information. When such information is also available through channels open to the public, officers and employees are not prohibited from disclosing the availability of those channels.
CONTRACTOR. Anyone under contract to perform services for the city.
EMPLOYEE. Any employee of the city, whether full-time or part-time, seasonal or temporary. The term EMPLOYEE shall not include any of the volunteers of the city, or any contractor of the city, professional or otherwise, or any of their subcontractors or employees.
ETHICS ENFORCEMENT COMMITTEE. The membership established by the Northern Kentucky Regional Ethics Authority to ensure comprehensive enforcement of this chapter.
FAMILY MEMBER. Domestic partner, spouse, parent, child, brother, sister, mother-in-law, father-in-law, son-in-law, grandparent or grandchild.
FINANCIAL BENEFIT. Includes any money, service, license, permit, contract, authorization, loan, discount, travel, entertainment, hospitality, gratuity, or any promise of any of these, or anything else of value. This term does not include campaign contributions authorized by law.
FINANCIAL INTEREST. A relationship to something such that a direct or indirect financial benefit has been, will be, or might be received as a result of it.
IMMEDIATE FAMILY MEMBER. A domestic partner, spouse, an unemancipated child residing in the officer’s or employee’s household, or a person claimed by the officer or employee, or the officer’s or employee’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 legislative body member;
(3) The City Clerk;
(4) The City Administrator; or
(5) Any person who occupies a non-elected office created under KRS 83A.080.
TRANSACTION. Any matter, including but not limited to, contracts, work or business with the city, the sale or purchase of real estate by the city, and any request for zoning amendments, variances, or special permits pending before the city, upon which a public officer or employee performs an official act or action.
(1996 Code, § 43.02) (Ord. 2048, passed 12-6-1994; Ord. 2507, passed 12-1-2020)
STANDARDS OF CONDUCT
Every officer and employee of the city shall comply with the following standards of conduct.
(A) No officer, board member, or employee, or any immediate family member of any officer, board member, or employee, 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, board member’s, or employee’s public duties.
(B) No officer, board member, or employee shall intentionally use or attempt to use his or her official position with the city to secure unwarranted privileges or advantages for himself, herself or others.
(C) No officer, board member, or employee 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, board member, or employee to take or refrain from taking any discretionary action on any matter before the city in order to obtain a financial benefit for any of the following:
(1) The officer, board member, or employee;
(2) A family member;
(3) An outside employer;
(4) Any business in which the officer, board member, or employee, or any family member has a financial interest, including but not limited to:
(a) An outside employer or business of his or hers, or his or her family member, or someone who works for such employer or business;
(b) A customer or client; or
(c) A substantial debtor or creditor of his or hers, or of his or her family member.
(5) A person or entity from whom the officer, board member, or employee has received an election campaign contribution of a total of more than $200 during the past election cycle (this amount includes contributions from a person's immediate family or business as well as contributions from an entity's owners, directors, or officers, as well as contributions to the officer, board member, or employee's party committee or non-candidate political committee);
(6) A nongovernmental civic group, social, charitable, or religious organization of which he or she, or his or her immediate family member is an officer or director;
(7) Any business with which the officer, board member, or employee or any family member is negotiating or seeking prospective employment or other business or professional relationship.
(D) No officer, board member, or employee shall be deemed in violation of any provision in this section if, by reason of the officer’s, board member’s, or employee’s participation, vote, decision, action or inaction, no financial benefit accrues to the officer, board member, or employee, a family member, an outside employer, or a business as defined in division (C)(4) and (C)(7) 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, board member, or employee who has a prohibited financial interest which the officer, board member, or employee 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 governing body of the city or city agency served by the officer, board member, or employee, and the disclosure shall be entered on the official record of the proceedings of the governing body. The officer, board member, or employee shall refrain from taking any action with respect to the matter that is the subject of the disclosure.
(F) No officer, board member, employee or contractor shall receive any money owed to the city without a formal written policy adopted by the executive branch of the city.
(G) An officer or employee must refrain from acting on or discussing, formally or informally, a matter before the city, if acting on the matter, or failing to act on the matter, may personally or financially benefit any of the persons or entities listed in division (C) above. Such an officer or employee should join the public if the withdrawal occurs at a public meeting or leave the room if it is a legally conducted closed meeting (executive session) under KRS 61.810 and 61.815.
(H) An officer, board member, or contractor with a conflict of interest must withdraw from discussion or vote at a meeting by public announcement, on the record, with reason for withdrawal.
(1996 Code, § 43.10) (Ord. 2048, passed 12-6-1994; Ord. 2507, passed 12-1-2020)
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