(A) It shall be unlawful for any elected or appointed officer of the city to disclose any information that is divulged to them or discussed with them in an executive session of the City Council with anyone not also a party to the said executive session, provided that such information is covered under the exceptions to the Open Meetings Act pursuant to KRS 61.810.
(B) The city, through its Mayor, or any other member of Council, or an other person in attendance of the executive session where it is alleged that this section was violated, may initiate charges against the alleged offender with the city, by making a written charge of the violation. The alleged violator shall be given a hearing before the city of Independence Code Enforcement Ethics Board. Written notice of the charge, the date, time, and place of the hearing shall be sent to the alleged violator not later than ten (10) days prior to a hearing. the alleged violator may waive the time lines herein upon written request to the Chairman of that Board. The hearing shall be conducted with due consideration to due process rights of the alleged violator. They shall have the right to prior notice, an impartial hearing, and legal counsel to have witnesses called, to examination and cross examination of all witnesses. a written decision shall be rendered within fourteen (14) days following the hearing. The alleged violator shall have the right to appeal any such decision to the Circuit Court.
(C) Nothing in this section shall prevent or hinder the alleged violator, nor anyone else, from making an Open meeting appeal for an issue not an exception to the Open Meetings Act.
(D) This section shall not apply, and it shall not be in violation, to disclose of any such information once such information becomes public by the regular course of business, or the confidential information had become mute, or the matter has been brought to a conclusion and the disclosure could no longer subject the city to any liability in the opinion of the City Attorney.
(E) Any person found to have violated this section shall be guilty of a violation and be subject to a civil fine of not more than two hundred and fifty dollars ($250.00).
(Ord. 2005-O-06, passed 4-18-05)