As used in this chapter, unless the context clearly requires a different meaning:
(1) Agency means the Lexington-Fayette Urban County Government Board of Adjustment, Ethics Commission, Planning Commission, the Downtown Lexington Management District Board, and any Special Purpose Governmental Entity as defined in KRS Chapter 65.
The Ethics Commission shall contact the organizations identified as Special Purpose Governmental Entities to request copies of their respective ethics codes. Special Purpose Governmental Entities that have adopted more stringent ethics provisions are exempt from the requirements of this chapter. Special Purpose Governmental Entities that have not adopted more stringent ethics provisions shall be subject to this chapter in its entirety.
(2) Business means any corporation, partnership, sole proprietorship, 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.
(3) Candidate means any individual who seeks nomination or election to an "office" listed in subsection (9)(a) of this section. An individual is a candidate when the individual files a notification and declaration for nomination for office with the county clerk or secretary of state, or is nominated for office by a political party, or files a declaration of intent to be a write-in candidate with the county clerk or secretary of state.
(4) Constitutional officer means any person who is one of the following: County judge/executive, county clerk, county attorney, sheriff, coroner, surveyor or constable.
(5) Employee means any person, whether full-time or part-time, and whether paid or unpaid, who is employed by or provides service to the urban county government or to any "constitutional officer," as the terms are defined in this section. The term "employee" shall include, but not be limited to, those employees occupying the classified civil service positions established at Code section 21-5, the unclassified civil service positions established at Code section 22-5, and the police and fire positions established at Code section 23-5. The term "employee" shall not include any contractor or subcontractor or any of their employees.
(6) Ethics commission means the Lexington-Fayette Urban County Government Ethics Commission which is created and vested by this chapter with the responsibility for enforcing the requirements of the Lexington-Fayette Urban County Government Ethics Act.
(7) Family member means a spouse, a qualified adult, parent, child, brother, sister, mother-in-law, father-in-law, son-in-law, daughter-in-law, grandparent or grandchild.
(8) Financial interest means a right, title, legal or equitable share in an asset or transaction which (a) will result in an increase or decrease in the income or net worth of an officer or family member of an officer which does not arise from a primary or proximate action by an officer or a family member of an officer or (b) where either no or only a de minimis benefit accrues to an officer or a family member of an officer.
(9) Reserved.
(10) Immediate family member means a spouse, a qualified adult, an unemancipated child residing in the officer's or employee's household, or a person claimed by the officer or employee, or the officer's or employee's spouse or qualified adult, as a dependent for tax purposes.
(11) Officer means any person, whether full-time or part-time, and whether paid or unpaid, who is one of the following:
(a) The mayor, county judge/executive, members of the urban county council, county clerk, county attorney, sheriff, coroner, surveyor or constable; or
(b) An appointee or a member of the governing body and chief executive officers, if any, of the urban county government board of adjustment, comprehensive plan update committee, ethics commission, or planning commission.
(12) Private interest means employment, board membership, or participation in the management and/or operations of an entity by an officer or family member of an officer.
(13) Qualified adult means a person of the same or opposite sex who:
(a) Is at least eighteen (18) years of age;
(b) Is not related to the employee;
(c) Has resided with the employee for at least twelve (12) months prior to the enrollment period for LFUCG benefits;
(d) Has been financially interdependent with the covered employee for at least twelve (12) months. Financial interdependence with the covered employee shall be demonstrated by proof of:
1. Joint ownership of real estate property or joint tenancy on a residential lease;
2. Joint ownership of an automobile;
3. Joint bank or credit account;
4. Joint liabilities;
5. Joint utility account; or
6. A combination of the items set forth in paragraphs (a) through (e) of this subsection; and
(e) Is a legal beneficiary or agent of the covered employee. Legal beneficiary or agent status shall be demonstrated by proof of:
1. A will designating the eligible qualified adult as primary beneficiary;
2. A retirement plan or life insurance policy beneficiary designation form designating the eligible qualified adult as primary beneficiary;
3. A durable power of attorney signed to the effect that the employee and eligible qualified adult have granted powers to another;
4. Adoption papers or legal guardianship identifying the employee and qualified adult as the joint adopting individuals or joint legal guardians; or
5. A combination of the items established in paragraphs (a) through (e) of this subsection.
(Ord. No. 255-94, § 1, 12-13-94; Ord. No. 62-2015, § 1, 6-11-15 ; Ord. No. 140-2017 , § 2, 9-28-17)