(1) Upon a determination by the ethics commission of a violation of any of the provisions of the Ethics Act by an officer or employee, the ethics commission shall impose one (1) or more of the following penalties:
(a) For any unintentional violation which has been voluntarily corrected by the officer or employee prior to any action by the ethics commission, a notice of mootness shall be issued by the commission;
(b) For any violation which is determined by the ethics commission to have been unintentional or the result of good faith misinterpretation of the requirements of the Ethics Act, a letter of technical violation or a letter of reprimand shall be issued by the ethics commission as the commission deems appropriate;
(c) For any intentional violation which is acknowledged and rectified by the officer or employee prior to any action by the ethics commission, the commission may take the following actions:
(i) Issue a letter to cease and desist;
(ii) Issue a letter of public reprimand;
(iii) Issue a letter of formal censure;
(iv) Issue a recommendation to the council, the mayor, or the civil service commission for removal, training or remediation.
(2) In addition to any penalties set forth under subsection (c), an intentional violation of the Ethics Act shall be subject to the criminal penalties imposed by a court of competent jurisdiction pursuant to KRS 522.020 and KRS 522.030.
(3) Any person who files with the ethics commission a false complaint under section 25-23, alleging a violation of any provision of this chapter which he does not believe, shall be subject to the criminal penalties imposed by a court of competent jurisdiction pursuant to KRS 523.040.
(4) Any officer or employee who willfully violates the provisions of section 25-29 shall be subject to the criminal penalties imposed by a court of competent jurisdiction pursuant to KRS 61.990(3).
(5) In addition to any of the penalties set forth under subsection (c), an intentional violation of the Ethics Act shall be subject to the civil penalties set forth below:
(a) Any person who is found by the ethics commission to have violated any provision of this chapter shall be deemed guilty of a civil offense and may be subject to a civil fine imposed by the ethics commission not to exceed five hundred dollars ($500.00), which may be recovered by the urban county government in a civil action in the nature of debt if the offender fails to pay the penalty within a prescribed period of time.
(b) In addition to all other penalties which may be imposed under this chapter, any person who is found by the ethics commission, the urban county council, or the civil service commission to have violated any provision of this chapter shall forfeit to the urban county government or the office of any constitutional officer, an amount equal to the economic benefit or gain which the person is determined by the commission to have realized as a result of the violation. The amount of any forfeiture may be recovered by the urban county government in 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.
(6) Nothing in this chapter is intended to, nor is to be construed as, repealing or modifying in any way the provisions of any of the criminal or penal laws of this state, but shall be held and construed as ancillary and supplemental thereto. The civil penalties provided in this chapter shall be levied in conjunction with, and not as an alternative to, the criminal penalties provided in this chapter and in state law.
(Ord. No. 255-94, § 1, 12-13-94; Ord. No. 140-2017 , § 9, 9-28-17)