(A) The State Rules of Civil Procedure and the State Rules of Evidence shall not apply to hearings conducted by the Ethics Enforcement Officer; however, the hearings shall be conducted in accordance with this section and in accordance with any additional rules and regulations adopted by the Ethics Enforcement Officer so as to afford all parties the full 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 Ethics Enforcement Officer in connection with the matter to be heard. The Ethics Enforcement Officer shall inform the alleged violator, or his or her representative, of any exculpatory evidence in its possession.
(C) All testimony in an Ethics Enforcement Officer 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 have the right to be represented by counsel.
(D) All hearings of the Ethics Enforcement Officer shall be public unless the exclusion rule is invoked.
(E) After the conclusion of the hearing, the Ethics Enforcement Officer shall, as soon as practicable, begin deliberations in executive session for the purpose of reviewing the evidence before him or her and making a determination whether a violation of this article has been proven. Within 30 days after completion of the hearing, the Ethics Enforcement Officer shall issue a written report of his or her findings and conclusions.
(F) If the Ethics Enforcement Officer concludes in his or her report that no violation of this article has occurred, the Ethics Enforcement Officer 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.
(G) If the Ethics Enforcement Officer concludes in his or her report that, in consideration of the evidence produced at the hearing, there is clear and convincing proof of a violation of this article, he or she 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 executive authority and Board of Commissioners or city agency with which the violator serves;
(3) If the violator is an employee subject to reprimand as outlined in the city personnel policy, the Ethics Enforcement Officer may recommend to the executive authority and the Board of Commissioners that the violator be sanctioned, which may include the following:
(a) Verbal warning (reprimand).
1. In the case of a minor infraction, the Ethics Enforcement Officer shall administer a verbal reprimand without rancor and explain the actions necessary to correct the problem as soon as possible after the offense.
2. The date of the reprimand, along with a description of the occurrence which prompted the reprimand, actions necessary to correct the problem and any comments the violator may have made shall be noted and placed in the violator’s departmental personnel folders. A copy of the reprimand shall be placed in the violator’s file in the personnel office.
(b) Written warning.
1. In the case of a second minor infraction, the Ethics Enforcement Officer shall give the violator a written warning specifying the reason for the warning and noting any previous verbal and/or written warnings.
2. Written warnings shall state that the violator’s performance will be reviewed on a regular basis for improvement and explain the consequences of continued infractions.
3. The violator shall sign the written warning or the warning shall be signed by a witness; a copy of the written warning shall be forwarded to the personnel office to be placed in the violator’s personnel folder.
4. Evidence of criminal violations of this chapter or state laws shall be referred to the County Attorney or Commonwealth’s Attorney of the jurisdiction for prosecution.
(c) Suspension.
1. After either a serious violation or repeated minor violations, the department head shall either:
a. Suspend the employee with pay until the City Manager reviews the violation; and/or
b. Request in writing that the City Manager suspend the employee with or without pay. The request shall include the reason for the suspension, along with details of previous disciplinary action taken against the employee.
2. The City Manager may suspend an employee with or without pay up to and including four calendar weeks, depending upon the severity of the offense.
3. If an employee is suspended with pay due to an investigation of alleged offense, a maximum time limit shall not apply.
4. The suspended employee shall be notified of the suspension in writing within five working days after the time of suspension. The notice shall include the reason for and duration of the suspension (if known).
5. Employees suspended without pay for a period of four working weeks shall forfeit fringe benefits, including accrual of sick and vacation leave and the city’s contribution to medical insurance, during the period of suspension.
(d) Dismissal.
1. Where an offense is continually repeated, or misconduct is serious enough for discharge on the first offense, the department head may recommend dismissal of an employee.
2. The recommendation shall include the reason for the dismissal, details of previous disciplinary action taken against the employee and the recommended effective date and time of discharge.
3. Final and formal discharge of an employee shall come from the Board of Commissioners upon the recommendation of the City Manager. The City Manager shall notify the employee in writing within five working days after the discharge.
4. A copy of the notification shall be placed in the employee’s personnel file.
(e) Demotion or transfer.
1. If an employee becomes unable to perform the duties as stated in the class specification, the employee may be transferred or demoted in lieu of taking any disciplinary action; provided, the employee meets the qualifications for the position and the position is vacant.
2. The actions shall be recorded in the employee’s personnel folder.
(4) These procedures shall not be applicable for sworn police personnel in any instances where the procedures in KRS 15.520 are applicable.
(1977 Code, § 2-124) (Ord. 94-16, passed 11-14-1994)