(1) Complaints alleging any violation of the provisions of this chapter may be submitted to the ethics commission, or the administrative official designated by the ethics commission, or may be filed as charges against individual officers or employees pursuant to sections 21-44, 23-43, and 23-44 of the Code of Ordinances. All complaints made to the commission shall be in writing, shall be signed by the complainant under penalty of perjury, and shall meet any other requirements established by the ethics commission. The ethics commission shall acknowledge receipt of a complaint to the complainant within ten (10) working days from the date of receipt. The commission shall forward within ten (10) workings days to each officer or employee who is the subject of the complaint a copy of the complaint and a general statement of the applicable provisions of this chapter.
(2) Within thirty (30) days of the receipt of a proper complaint, the ethics commission shall conduct a preliminary inquiry concerning the allegations contained in the complaint. The commission shall afford a person who is the subject of the complaint an opportunity to respond to the allegations in the complaint. The person shall have the right to be represented by counsel, to appear and be heard under oath, and to offer evidence in response to the allegations.
(3) All proceedings and records relating to a preliminary inquiry being conducted by the ethics commission shall be confidential until a final determination is made by the commission, except:
(a) The commission may turn over to the commonwealth's attorney or county attorney evidence which may be used in criminal proceedings.
(b) If the complainant or alleged violator publicly discloses the existence of a preliminary inquiry, the commission may publicly confirm the existence of the inquiry, and, in its discretion, make public any documents which were issued to either party.
(4) The commission shall make a determination based on its preliminary inquiry whether the complaint is within its jurisdiction and, if so, whether it alleges a minimal factual basis to constitute a violation of this chapter. If the commission concludes that the complaint is outside of its jurisdiction, frivolous or without factual basis, the commission shall immediately terminate the inquiry, reduce the conclusion to writing, and transmit a copy of its decision to the complainant and to all officers or employees against whom the complaint was filed. The conclusion of the commission shall be a public record. Complaints against classified civil service employees and members of the division of fire and emergency services or division of police are pursuant to KRS 67A.280 and 95.450, respectively, outside the commission's jurisdiction, but the commission may after a preliminary inquiry choose to file charges against an employee who is covered by those provisions.
(5) If the commission concludes, based upon its preliminary inquiry, that the complaint is within its jurisdiction and contains allegations sufficient to establish a minimal factual basis to constitute a violation, the commission shall notify the officer or employee who is the subject of the complaint and shall initiate a hearing to determine whether there has been a violation.
(Ord. No. 255-94, § 1, 12-13-94)