(A) The Kentucky Rules of Civil Procedure and the Kentucky Rules of Evidence shall not apply to hearings conducted by the Board of Ethics; however, the hearings shall be conducted in accordance with this section and in accordance with any additional rules and regulations adopted by the Board of Ethics so as to afford all parties the range of due process rights required by the nature of the proceedings.
(B) Prior to the commencement of the hearing, the alleged violator, or his or her representative, shall have a reasonable opportunity to examine all documents and records obtained or prepared by the Board of Ethics in connection with the matter to be heard. The Board of Ethics shall inform the alleged violator, or his or her representative, of any exculpatory evidence it has in its possession.
(C) All testimony in a Board of Ethics hearing shall be taken under oath, administered by the presiding officer. All parties shall have the right to call and examine witnesses, to introduce exhibits, to cross-examine witnesses, to submit evidence, and to be represented by counsel. All witnesses shall have the right to be represented by counsel.
(D) Any person whose name is mentioned during the hearing and who may be adversely affected thereby may appear personally before the Board of Ethics, with or without counsel, to give a statement regarding the adverse matter, or may file a written statement regarding the adverse matter for incorporation into the record of the proceeding.
(E) Unless otherwise required by the Kentucky Open Meetings Act, all hearings of the Board of Ethics shall be in closed executive session in accordance with KRS 61.810 unless the alleged violator requests that the hearings be public.
(F) After the conclusion of the hearing, the Board of Ethics shall, as soon as practicable and to the extent permitted by the Kentucky Open Meetings Act, conduct deliberations in closed executive session for the purpose of reviewing the evidence before it and making a determination whether a violation of this ordinance has been proven. Within 30 days after completion of the hearing, the Board of Ethics shall issue a written report of its findings and conclusions.
(G) If the Board of Ethics concludes in its report that no violation of this chapter has occurred, it shall immediately send written notice of this determination to the officer or employee who was the subject of the complaint and to the party who filed the complaint. If the Board of Ethics concludes in its report that in consideration of the evidence produced at the hearing there is clear and convincing proof of a violation of this chapter, the Board of Ethics may:
(1) Issue an order requiring the violator to cease and desist the violation.
(2) In writing, publicly reprimand the violator for the violations and provide a copy of the reprimand to the Mayor and governing body of the city or city agency with which the violator serves.
(3) In writing, recommend, to the Mayor and the governing body of the city or city agency with which the violator serves, that the violator be sanctioned as recommended by the Board of Ethics, which may include a recommendation for discipline or dismissal, or removal from office.
(4) Issue an order requiring the violator to pay a civil penalty of not more than $1,000.
(5) Refer evidence of criminal violations of this chapter or state laws to the county attorney or commonwealth's attorney of the jurisdiction for prosecution.
(Ord. 1994-17, passed 12-5-94)