Section
36.01 Definitions
36.02 Standards of conduct
36.03 Financial disclosure
36.04 Nepotism
36.05 Interlocal agreement: Northern Kentucky Regional Ethics Authority
36.06 Filing an investigation complaint
36.07 Notice of hearing
36.08 Hearing procedure
36.09 Appeals
36.10 Limitation of action
36.99 Penalty
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 any other business entity in which the city government officer or employee serves as a compensated agent or representative.
BUSINESS CORPORATION. Any corporation, partnership, sole proprietor, 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 municipal office. An individual is a candidate when the individual files a notification and declaration for a nomination for office with the County Clerk or the Secretary of State.
CITY GOVERNMENT AGENCY. Any board, commission, authority, non-stock corporation or other entity formed by the city government or a combination of local governments.
CITY GOVERNMENT EMPLOYEE. Any person, whether compensated or not, whether full-time or part-time, employed by or servicing the city government or city government agency who is not a city government officer, but shall not mean any employees of a school district or school board.
CITY GOVERNMENT OFFICER. Any person, whether compensated or not, whether full-time or part-time, who is elected to any city government office; or any person who serves as a member of the governing body of any city government agency or special taxing or non-taxing district, but shall not mean any officer of a school district or school board.
MEMBER OF IMMEDIATE FAMILY. The spouse, an unemancipated child residing in an individual’s household, or a person claimed by the individual or individual’s spouse as dependent for tax purposes.
RULE OF NECESSITY. The city government, agency or district may make or enter into a contract in which an officer or employee or members of his or her immediate family or a business associate has an economic interest if:
(1) The nature of the transaction and the nature of the interest is publicly disclosed on the record prior to the time it is engaged in; and
(2) A specific finding is made by the city government, agency or district and entered on the official record of the proceedings of the governing body that, notwithstanding the conflict, it is in the best interest of local government because of limited supply, price or documented emergency.
(1992 Code, § 37.01) (Ord. 31-94, passed 10-26-1994; Ord. 01-2011, passed 2-15-2011)
(A) No city 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 city government officer or employee shall use or attempt to use his or her position to secure unwarranted privileges or advantages for himself or herself or others.
(1992 Code, § 37.01) (Ord. 31-94, passed 10-26-1994; Ord. 01-2011, passed 2-15-2011) Penalty, see § 36.99
(A) Any officer or employee, or any member of his or her immediate family, of the city government who shall have any private financial interest, directly or indirectly, in any contract or matter pending before or within any department or agency of the city government shall disclose such private interest to the City Council or the City Ethics Commission. Any such disclosure shall require the completion of a disclosure statement revealing in detail the nature of the direct or indirect financial interest.
(B) Financial disclosure statement:
(1) The following individuals shall be required to file an annual financial disclosure statement:
(a) Elected officers; and
(b) Candidates for elective office.
(2) The financial disclosure statement shall include the following information:
(a) Name of filer;
(b) Current business address, business telephone number and home address of filer;
(c) Title of filer’s public office or office sought;
(d) Occupations of filer and spouse;
(e) Positions held by the filer and any members of the filer’s immediate family in any business organization or non-profit entity from which the filer or any member of the filer’s immediate family received compensation in excess of $5,000 during the preceding calendar year, and the name, address and telephone number of the business organization or non-profit entity;
(f) Name and address of each source of income of filer and spouse from within the commonwealth which exceeded $5,000 during the preceding year;
(g) Name and address of each business organization located within the Commonwealth in which the filer or any member of the filer’s immediate family had an interest of $10,000 at the fair market value; and
(h) Location of all commercial property within the city, in which the filer or any member of the filer’s immediate family had an interest of $10,000 or more during the past year.
(3) Each statement shall be signed and dated by the individual filing the statement of financial interest. The financial disclosure statements required by this chapter shall be filed with the City Ethics Commission.
(1992 Code, § 37.03) (Ord. 31-94, passed 10-16-1994; Ord. 36-94, passed 12-15-1994; Ord. 05-95, passed 3-16-1995; Ord. 01-2011, passed 2-15-2011) Penalty, see § 36.99
No city government officer or city government employee shall act in his or her official capacity to hire or cause to be hired any member of his or her immediate family at an hourly pay rate or with benefits in excess of any other employee with similar job duties, responsibilities and qualification requirements.
(1992 Code, § 37.04) (Ord. 31-94, passed 10-26-1994; Ord. 01-2011, passed 2-15-2011) Penalty, see § 36.99
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