For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
BUSINESS ASSOCIATE. Includes the following:
(1) A private employer;
(2) A general or limited partnership, or a general or limited partner within the partnership;
(3) A corporation that is family-owned or in which all shares of stock are closely-held, and the shareholders, owners and officers of such a corporation; and
(4) A corporation, business association or other business entity in which the county government officer or employee serves as a compensated agent or representative.
BUSINESS ORGANIZATION. 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. An individual who seeks nomination or election to a county government office. An individual is a CANDIDATE when the individual:
(1) Files a notification and declaration for nomination for office with a County Clerk or the Secretary of State; or
(2) Is nominated for office by a political party under KRS 118.105, 118.115, 118.325 or 118.760.
COUNTY GOVERNMENT. Franklin County, Kentucky, and its elected county officials, except the Circuit Clerk and Property Valuation Administrator.
COUNTY GOVERNMENT AGENCY. Any board, commission, authority, special taxing or non- taxing districts, non-stock corporation or other entity formed by the county government or a combination of local governments.
COUNTY GOVERNMENT EMPLOYEE. Any person, compensated by the County Fiscal Court, whether full-time or part-time, employed by or serving the county government, but shall not mean any employee of a county government agency or special district who is not a county government officer, nor any employee of a school district or school board.
COUNTY GOVERNMENT OFFICER. Any person, whether compensated or not, whether full-time or part-time, who is elected to any county government office.
FAMILY MEMBER. A spouse, parent, child, brother, sister, grandparent, grandchild, father-in- law, mother-in-law, brother-in-law, sister-in-law, daughter-in-law, son-in-law, stepfather, stepmother, stepson, stepdaughter, stepbrother, stepsister, half-brother or half-sister.
MEMBER OF IMMEDIATE FAMILY. A spouse, an unemancipated child residing in an individual’s household, or a person claimed by the individual or individual’s spouse as a dependent for tax purposes.
(Ord. 3-2014, passed 7-11-2014)
(A) No county government officer or employee or member of his or her immediate family shall have an interest in a business organization or engage in any business, transaction or professional activity, which is in substantial conflict with the proper discharge of his or her duties in the public interest.
(B) No county government officer or employee 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.
(C) No county government officer or employee 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.
(D) No county government officer or employee, member of his or her immediate family, or business organization in which he or she 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, political 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 officials governed by state statutes.
(E) The County Fiscal Court hereby adopts KRS 11A.045(1) and (2) and no public servant, his or her spouse or dependent child shall knowingly accept any gifts or gratuities, including travel expenses, meal alcoholic beverages and honoraria, totaling a value greater than $50 in a single calendar year from any person or business that does business with, is regulated by, is seeking grants from, is involved in litigation against, or lobbying or attempting to influence the actions of the County Fiscal Court, or any agency, department or office in which the public servant is employed or which he or she supervises, or from any group or association which has as its primary purpose the representation of those persons or businesses. Nothing contained in this division (E) shall prohibit employees or officials from receiving meals or beverages at conferences, official events or educational seminars from sponsors; provided that, the meals and the like are provided equally to all attendees similarly situated. Furthermore, nothing herein shall prevent the Commission from authorizing exceptions to this division (E) where such exemption would not create an appearance of impropriety.
(F) Nothing herein shall prohibit or restrict the allocation of or acceptance by a public servant of a ticket for admission to a sporting event if the ticket or admission is paid for by the public servant at face value or is paid for at face value by the individual to whom the ticket is allocated.
(G) No county government officer or employee shall be prohibited from giving or receiving an award publicly presented in recognition of public service, commercially reasonable loans made in the ordinary course of the lender’s business, or reasonable hosting, including travel and expenses, entertainment, meals or refreshments furnished in connection with public events, appearances, ceremonies.
(H) No county government officer or employee shall be prohibited from accepting a gratuity for solemnizing a marriage.
(I) No county government officer or employee shall use, or allow to be used, his or her public office or employment, or any information, not generally available to the members of the public, which he or she receives or acquires in the course of and by reason of his or her office or employment, for the purpose of securing financial gain for himself or herself, any member of his or her immediate family, or any business organization with which he or she is associated or anyone else.
(J) No county government officer or employee or business organization in which he or she has an interest shall represent any person or party other than county government in connection with any cause, proceeding, application or other matter pending before the county government. Nothing in this section shall prohibit anyone from representing any person or party in connection with any cause, proceeding, application or other matter pending before county government or any county government agency if he or she is not an officer or employee of that county government agency.
(K) No 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.
(L) No elected 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.
(M) Nothing shall prohibit any county government officer or employee, 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.
(Ord. 3-2014, passed 7-11-2014)
After the effective date of this chapter, a family member of a county officer shall not be initially employed or appointed to a position in a county government office, in the same county in which the officer serves. This provision shall not apply to a public officer’s family members who, on the date of the officer’s election or appointment, have been employed for at least six months in the same county in which the officer serves. This provision shall not apply to a county government agency.
(Ord. 3-2014, passed 7-11-2014)
Loading...