(A) All complaints alleging any violation of the provisions of this chapter shall be filed with the Board of Ethics. All complaints shall be in writing, signed by the complainant, and shall meet any other requirements established by the Board of Ethics. The Board of Ethics shall acknowledge receipt of a complaint to the complainant within ten working days from the date of receipt. The Board of Ethics shall forward within ten working days from the date of receipt of a complaint to each officer or employee of the city or city agency who is the subject of the complaint a copy of the complaint and a general statement of the applicable provisions of this chapter.
(B) Within 30 days of the receipt of a proper complaint, the Board of Ethics shall conduct a preliminary inquiry concerning the allegations contained in the complaint. The Board of Ethics shall afford a person who is the subject of the complaint an opportunity to respond to the allegations in the complaint. The person shall have the right to be represented by counsel, to appear and be heard under oath, and to offer evidence in response to the allegations.
(C) To the extent permitted by the Kentucky Open Meetings Act and the Kentucky Open Records Act, all proceedings and records relating to a preliminary inquiry being conducted by the Board of Ethics shall be confidential until a final determination is made by the Board of Ethics, except:
(1) The Board of Ethics may turn over to the Commonwealth's attorney or County Attorney evidence which may be used in criminal proceedings.
(2) If the alleged violator, and only the alleged violator, publicly discloses the existence of a preliminary inquiry, the Board of Ethics may publicly confirm the existence of the inquiry, and only the existence of the inquiry.
(D) The Board of Ethics shall make a determination based on its preliminary inquiry whether the complaint is within its jurisdiction and, if so, whether it alleges a minimal factual basis to constitute a violation of this chapter. If the Board of Ethics concludes that the complaint is outside of its jurisdiction, frivolous or without minimal factual basis, the Board of Ethics shall immediately terminate the inquiry, reduce the conclusion to writing and transmit a copy of its decision to the complainant and to all officers or employees against whom the complaint was filed.
(E) If the Board of Ethics concludes, based upon its preliminary inquiry, that the complaint is within its jurisdiction and contains allegations sufficient to establish a minimal factual basis to constitute a violation, the Board of Ethics shall notify the officer or employee who is the subject of the complaint and may:
(1) Due to mitigating circumstances such as, lack of significant economic advantage or gain by the officer or employee, lack of economic loss to the city and its taxpayers, or lack of significant impact on public confidence in City government issue, in writing, a reprimand to the officer or employee concerning the alleged violation and shall provide a copy of the reprimand to the Mayor and members of the governing body of the city or city agency, which reprimand shall remain confidential to the extent permitted by the Kentucky Open Records Act.
(2) Proceed with a formal hearing.
(F) Any person who knowingly files with the Board of Ethics a false complaint alleging a violation of any provision of this chapter by an officer or employee of the city or any city agency shall be guilty of a Class A misdemeanor.
(Ord. 1994-17, passed 12-5-94)