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§ 36.02 STANDARDS OF CONDUCT.
   (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
§ 36.03 FINANCIAL DISCLOSURE.
   (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
§ 36.04 NEPOTISM.
   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
§ 36.05 INTERLOCAL AGREEMENT: NORTHERN KENTUCKY REGIONAL ETHICS AUTHORITY.
   (A)   Interlocal cooperation agreement.
      (1)   The city adheres to the provisions herein; so adopted as to meet requirements set forth by KRS 65.003.
      (2)   Attached hereto and incorporated herein by reference is an interlocal cooperation agreement authorized by KRS 65.210 et seq., which the Mayor is hereby authorized and directed to sign on behalf of the city and provisions of this chapter shall be enforced by the Northern Kentucky Regional Ethics Authority, herein referred to as NKREA, and the Northern Kentucky Ethics Enforcement Committee according to the provisions thereof.
   (B)   Retaliation.
      (1)   No official, board member or employee of the city or any city agency shall subject to reprisal retaliation, or directly or indirectly use, or threaten to use, any official authority or influence in any manner whatsoever which tends to discourage, restrain, deter, prevent, interfere with, coerce, or discriminate against any person who in good faith reports, discloses, divulges, or otherwise brings to the attention of the Northern Kentucky Ethics Enforcement Committee or any other agency or official of the city or the commonwealth any facts or information relative to an actual or suspected violation of this chapter.
      (2)   This section shall not be construed as prohibiting disciplinary or punitive action if an official, board member, or employee of the city or any city agency discloses information which he or she knows to be false or which he or she discloses with reckless disregard for its truth, or falsity.
(1992 Code, § 37.05) (Ord. 31-94, passed 10-26-1994; Ord. 04-95, passed 3-16-1995; Ord. 01-2011, passed 2-15-2011; Ord. 01-2023, passed 2-7-2023)
§ 36.06 FILING AN INVESTIGATION COMPLAINT.
   Pursuant to the interlocal agreement referenced in § 36.06, the Northern Kentucky Regional Ethics Authority, hereinafter NKREA, will establish the Northern Kentucky Ethics Enforcement Committee, hereinafter NKEEC. The NKEEC is hereby designated all powers and authorities necessary to organize itself and adopt rules of procedures as deemed necessary to accomplish these responsibilities which includes, but is not limited to, filing an investigation complaint.
(1992 Code, § 37.06) (Ord. 01-2011, passed 2-15-2011; Ord. 01-2023, passed 2-7-2023)
§ 36.07 NOTICE OF HEARING.
   Pursuant to the interlocal agreement referenced in § 36.06, the Northern Kentucky Regional Ethics Authority, hereinafter NKREA, will establish the Northern Kentucky Ethics Enforcement Committee, hereinafter NKEEC. The NKEEC is hereby designated all powers and authorities necessary to organize itself and adopt rules of procedures as deemed necessary to accomplish these responsibilities which includes, but is not limited to, notice of any hearing set before the NKEEC.
(1992 Code, § 37.07) (Ord. 01-2011, passed 2-15-2011; Ord. 01-2023, passed 2-7-2023)
§ 36.08 HEARING PROCEDURE.
   Pursuant to the interlocal agreement referenced in § 36.06, the Northern Kentucky Regional Ethics Authority, hereinafter NKREA, will establish the Northern Kentucky Ethics Enforcement Committee, hereinafter NKEEC. The NKEEC is hereby designated all powers and authorities necessary to organize itself and adopt rules of procedures as deemed necessary to accomplish these responsibilities which includes, but is not limited to, any establishing a hearing procedure.
(1992 Code, § 37.08) (Ord. 01-2011, passed 2-15-2011; Ord. 01-2023, passed 2-7-2023) Penalty, see § 36.99
§ 36.09 APPEALS.
   Pursuant to the interlocal agreement referenced in § 36.06, the Northern Kentucky Regional Ethics Authority, hereinafter NKREA, will establish the Northern Kentucky Ethics Enforcement Committee, hereinafter NKEEC. The NKEEC is hereby designated all powers and authorities necessary to organize itself and adopt rules of procedures as deemed necessary to accomplish these responsibilities which includes, but is not limited to, any appeal process.
(1992 Code, § 37.09) (Ord. 01-2011, passed 2-15-2011; Ord. 01-2023, passed 2-7-2023)
§ 36.10 LIMITATION OF ACTION.
   Except when the period of limitation is otherwise established by state law, an action for a violation of this chapter must be brought within one year after the violation is discovered.
(1992 Code, § 37.10) (Ord. 01-2011, passed 2-15-2011)
§ 36.99 PENALTY.
   (A)   Any violation of § 36.02 shall constitute a Class A misdemeanor, and upon conviction, the court may void any contract entered into in violation thereof. Additionally, such a violation shall be grounds for removal from office or from employment with the city in accordance with any applicable provisions of state law and ordinances, rules or regulations of the city, or other remedies as set forth in §§ 36.08(H)(1) through (H)(5), as determined by the Commission.
   (B)   Any person who fails to or refuses to file the financial disclosure statement under § 36.03 above, or who fails or refuses to remedy a deficiency in the filing of a financial disclosure statement under § 36.03 within the time period required, shall be guilty of a civil offense and shall be subject to a civil fine imposed by the Commission in an amount not to exceed $25 per day, up to a maximum total civil fine of $500. Any civil fine imposed by the Commission under this section may be recovered by the city in a civil action in the nature of debt if the offender fails or refuses to pay the penalty within the prescribed period of time.
   (C)   Any person who intentionally files a financial disclosure statement under § 36.03 above which he or she knows to contain false information or intentionally omits required information shall be guilty of a Class A misdemeanor or other remedies as set forth in §§ 36.08(H)(1) through (H)(5), as determined by the Commission.
   (D)   Any person who knowingly files with the Commission a false complaint alleging a violation of this chapter shall be guilty of a Class A misdemeanor or other remedies as set forth in § 36.08(H)(1) through (H)(5), as determined by the Commission.
   (E)   Except when another penalty is specifically set forth in this chapter, any officer or employee of the city or one of its agencies who is found by the Commission to have violated any provisions of this chapter shall be deemed guilty of a civil offense and may be subject to a civil fine imposed by the Commission not to exceed $1,000 which may be recovered by the city in a civil action in the nature of debt if the offender fails to pay the penalty in a prescribed period of time.
   (F)   In addition to all other penalties which may be imposed under this chapter, any officer or employee of the city or one of its agencies who is found by the Commission to have violated any provision of this chapter shall forfeit to the city an amount equal to the economic benefit or gain which the officer or employee is determined by the Commission to have realized as the result of the violation. The amount of any forfeiture that may be recovered by the city is a civil action in the nature of debt, if the offender fails to pay the amount of the forfeiture within a prescribed period of time.
   (G)   In addition to all other penalties which may be imposed in this chapter any officer or employee of the city or one of its agencies who is found by the Commission to have violated any provisions of this chapter shall be subject to removal, suspension, demotion or other disciplinary action as determined by the Mayor.
(1992 Code, § 37.99) (Ord. 01-2011, passed 2-15-2011)