§ 32.03 PURPOSE.

   It is the purpose of this chapter to provide a method of assuring that standards of ethical conduct and financial disclosure requirements for officers and employees of the county shall be clearly established, uniform in their application and enforceable, and to provide the officers and employees of the county with advice and information concerning potential conflicts of interest which might arise in the conduct of their public duties.

(2001 Code, § 32.03) (Ord. passed 11-10-1994)

§ 32.04 DEFINITIONS.

   For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

   BOARD OF ETHICS. The County Board of Ethics which is created and vested by this chapter with the responsibility of enforcing the requirements of the county’s code of ethics.

   BUSINESS. 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.

   CANDIDATE. Any individual who seeks nomination or election to a county office. 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.

   COUNTY. The County of Lincoln, Kentucky.

   COUNTY AGENCY. Any board, commission, authority, non-stock corporation or other entity created, either individually or jointly, by the county.

   EMPLOYEE. Any person, whether full-time or part-time, and whether paid or unpaid, who is employed by or provides service to the county. The term EMPLOYEE shall not include any contractor or subcontractor or any of their employees.

   FAMILY MEMBER. A spouse, parent, child, brother, sister, son-in-law, daughter-in-law or grandchild.

   IMMEDIATE FAMILY MEMBER. A spouse, 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, as a dependent for tax purposes.

   OFFICER. Any person, whether full-time or part-time, and whether paid or unpaid, who is one of the following:

      (1)   County Judge/Executive;

      (2)   A Fiscal Court member;

      (3)   The County Clerk;

      (4)   The County Attorney;

      (5)   The County Jailer;

      (6)   The County Sheriff;

      (7)   The County Coroner;

      (8)   Constables; and

      (9)   A member of the governing body of any county agency who has been appointed to the governing body of the agency by the county.

(2001 Code, § 32.04) (Ord. passed 11-10-1994)

STANDARDS OF CONDUCT

§ 32.15 CONFLICTS OF INTEREST GENERALLY.

   Every officer and employee of the county and every county agency shall comply with the following standards of conduct.

   (A)   No officer or employee, or any immediate family member of any officer or employee, shall have an interest in a business or engage in any business, transaction or activity, which is in substantial conflict with the proper discharge of the officer’s or employee’s public duties.

   (B)   No officer or employee shall intentionally use or attempt to use his or her official position with the county to secure unwarranted privileges or advantages for himself or herself or others.

   (C)   No officer or employee shall intentionally take or refrain from taking any discretionary action, or agree to take or refrain from taking any discretionary action, or induce or attempt to induce any other officer or employee to take of refrain from taking any discretionary action, on any matter before the county in order to obtain a financial benefit for any of the following:

      (1)   The officer or employee;

      (2)   A family member;

      (3)   An outside employer;

      (4)   Any business which the officer, employee or any family member has a financial interest; or

      (5)   Any business with which the officer or employee or any family member is negotiating or seeking prospective employment or other business or professional relationship.

   (D)   No officer or employee shall be deemed in violation of any provision in this section if, by reason of the officer’s or employee’s participation, vote, decision, action or inaction, no financial benefit accrues to the officer or employee, a family member, an outside employer or a business, as defined herein, as a member of any business, occupation, profession or other group, to any greater extent than any gain could reasonably be expected to accrue to any other member of the business, occupation, profession or other group.

   (E)   Every officer or employee who has a prohibited financial interest which the officer or employee believes or has reason to believe may be affected by his or her participation, vote, decision or other action taken within the scope of his or her public duties shall disclose the precise nature and value of the interest, in writing, to the Fiscal Court or county agency served by the officer or employee, and the disclosure shall be entered on the official record of the proceedings of the Fiscal Court. The officer or employee shall refrain from taking any action with respect to the matter that is the subject of the disclosure.

(2001 Code, § 32.15) (Ord. passed 11-10-1994)

§ 32.16 CONFLICTS OF INTEREST IN CONTRACTS.

   (A)   No officer or employee of the county or any county agency shall directly or through others undertake, execute, hold or enjoy, in whole or in part, any contract made, entered into, awarded or granted by the county or a county agency, except as follows.

      (1)   The prohibition shall not apply to contracts entered into before an elected officer filed as a candidate for county office, before an appointed officer was appointed to a county or county agency office, or before an employee was hired by the county or a county agency; however, if any contract entered into by a county or county agency officer or employee before he or she became a candidate, was appointed to office or was hired as an employee, then the prohibition shall apply to the renewal of the contract.

      (2)   The prohibition shall not apply if the contract is awarded after public notice and competitive bidding, unless the officer or employee is authorized to participate in establishing the contract specifications, awarding the contract or managing contract performance after the contract is awarded. If the officer or employee has any of the authorities set forth in the preceding sentence, then the officer or employee shall have no interest in the contract, unless the requirements set forth in division (A)(3) below are satisfied.

      (3)   The prohibition shall not apply in any case where the following requirements are satisfied:

         (a)   The specific nature of the contract transaction and the nature of the officer’s or employee’s interest in the contract are publicly disclosed at a meeting of the Fiscal Court;

         (b)   The disclosure is made a part of the official record of the Fiscal Court or county agency before the contract is executed;

         (c)   A finding is made by the Fiscal Court or county agency that the contract with the officer or employee is in the best interests of the public and the county or county agency because of price, limited supply or other specific reasons; and

         (d)   The finding is made a part of the official record of the Fiscal Court or county agency before the contract is executed.

   (B)   (1)   Any violation of this section shall constitute a Class A misdemeanor, and upon conviction, the court may void any contract entered into in violation of this section.

      (2)   Additionally, a violation of this section shall be grounds for removal from office or employment with the county in accordance with any applicable provisions of state law and ordinances, rules or regulations of the county.

(2001 Code, § 32.16) (Ord. passed 11-10-1994) Penalty, see § 32.99

§ 32.17 RECEIPTS GIFTS.

   No officers or employees of the county or any county agency shall directly, or indirectly through any other person or business, solicit or accept any gift having a fair market value of more than $100, whether in the form of money, service, loan, travel, entertainment, hospitality, thing or promise, or any other form, under circumstances in which it could reasonably be inferred that the gift was intended to influence, or could reasonably be expected to influence the officer or employee in the performance of his or her public duties.

(2001 Code, § 32.17) (Ord. passed 11-10-1994) Penalty, see § 32.99

§ 32.18 USE OF COUNTY PROPERTY, EQUIPMENT AND PERSONNEL.

   No officer or employee of the county shall use or permit the use of any county time, funds, personnel, equipment or other personal or real property for the private use of any person, unless:

   (A)   The use is specifically authorized by a stated county policy; or

   (B)   The use is available to the general public, and then only to the extent and upon the terms that the use is available to the general public.

(2001 Code, § 32.18) (Ord. passed 11-10-1994) Penalty, see § 32.99