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If the Board of Ethics determines that a hearing regarding allegations contained in the complaint is necessary, the Board shall issue an order setting the matter for a hearing within 30 days of the date the order is issued, unless the alleged violator petitions for and the Board consents to a later date. The order setting the matter for hearing, along with a copy of any pertinent regulations of the Board relating to the hearing shall be sent to the alleged violator within 24 hours of the time the order setting a hearing is issued.
(2001 Code, § 32.55) (Ord. passed 11-10-1994)
(A) The State Rules of Civil Procedure and the State Rules of Evidence shall not apply to hearings conducted by the Board of Ethics. The hearings shall be conducted in accordance with this section and in accordance with any additional rules and regulations adopted by the Board so as to afford all parties the full range of due process rights required by the nature of the proceedings.
(B) Prior to the commencement of the hearing, the alleged violator, or his or her representative, shall have a reasonable opportunity to examine all documents and records obtained or prepared by the Board in connection with the matter to be heard. The Board shall inform the alleged violator, or his or her representative, of any exculpatory evidence in its possession.
(C) All testimony in a Board hearing shall be taken under oath, administered by the presiding officer. All parties shall have the right to call and examine witnesses, to introduce exhibits, to cross- examine witnesses, to submit evidence and to be represented by counsel. All witnesses shall have the right to be represented by counsel.
(D) Any person whose name is mentioned during the hearing and who may be adversely affected thereby may appear personally before the Board, with or without counsel, to give a statement regarding the adverse mention, or may file a written statement regarding the adverse mention for incorporation into the record of the proceeding.
(E) All hearings of the Board of Ethics shall be public, unless the members vote to go into executive session in accordance with KRS 61.810.
(F) After the conclusion of the hearing, the Board of Ethics shall, as soon as practicable, begin deliberations in executive session for the purpose of reviewing the evidence before it and making a determination whether a violation of this chapter has been proven. Within 30 days after completion of the hearing, the Board shall issue a written report of its findings and conclusions.
(G) If the Board concludes in its report that no violation of this chapter has occurred, it shall immediately send written notice of this determination to the officer or employee who was the subject of the complaint and to the party who filed the complaint.
(H) If the Board concludes in its report that in consideration of the evidence produced at the hearing there is clear and convincing proof of a violation of this chapter, the Board may:
(1) Issue an order requiring the violator to cease and desist the violation;
(2) In writing, publicly reprimand the violator for the violations and provide a copy of the reprimand to the County Judge/Executive and Fiscal Court or county agency with which the violator serves;
(3) In writing, recommend to the Fiscal Court that the violator be sanctioned as recommend by the Board, which may include a recommendation for discipline or dismissal or removal from office;
(4) Issue an order requiring the violator to pay a civil penalty of not more than $1,000; and
(5) Refer evidence of criminal violations of this chapter or state laws to the County Attorney or Commonwealth’s Attorney of the jurisdiction for prosecution.
(2001 Code, § 32.56) (Ord. passed 11-10-1994)
Any person who is found guilty of a violation of any provision of this chapter by the Board of Ethics may appeal the finding to the Circuit Court of the county within 30 days after the date of the final action by the Board of Ethics by filing a petition with the Court against the Board. The Board shall transmit to the Clerk of the Court all evidence considered by the Board at the public hearing.
(2001 Code, § 32.57) (Ord. passed 11-10-1994)
(A) No officer or employee of the county or any county agency shall, subject to reprisal, or directly or indirectly use, or threaten to use, any official authority or influence in any manner whatsoever which tends to discourage, restrain, deter, prevent, interfere with, coerce or discriminate against any person who in good faith reports, discloses, divulges or otherwise brings to the attention of the Board of Ethics or any other agency or official of the county or the commonwealth any facts or information relative to an actual or suspected violation of this chapter.
(B) This section shall not be construed as prohibiting disciplinary or punitive action if an officer or employee of the county or any county agency discloses information which he or she knows:
(1) To be false or which he or she discloses with reckless disregard for its truth or falsity;
(2) To be exempt from required disclosure under the provisions of the State Open Records Act, KRS 61.870 to 61.884; and/or
(3) Is confidential under any other provision of law.
(2001 Code, § 32.59) (Ord. passed 11-10-1994) Penalty, see § 32.99
Any person who fails or refuses to file the statement or who fails or refuses to remedy a deficiency in the filing identified in the notice under § 32.40, within the time period established in the notice, shall be guilty of a civil offense and shall be subject to a civil fine imposed by the Board in an amount not to exceed $25 per day, up to a maximum total civil fine of $500. Any civil fine imposed by the Board under this section may be recovered by the county in a civil action in the nature of debt if the offender fails or refuses to pay the penalty within a prescribed period of time.
(2001 Code, § 32.99) (Ord. passed 11-10-1994)