(A) For the purpose of this section, the following definitions apply in addition to the definitions found in § 21.01:
CHILD. An individual of any age who is or was the biological, adoptive, step or foster child of another person, or a person of any age who is or was a legal ward of another person when that individual was a minor or required a legal guardian.
DISCLOSURE-REPORTING RELATIONSHIP. An individual with any of the following relationships to a Metro Officer or candidate seeking to become an elected Metro Officer: spouse, domestic partner, a child who is not emancipated and who resides in the officer's or candidate's household, or a person claimed by the officer or candidate, or the officer's or candidate's spouse or domestic partner, as a dependent for tax purposes.
RELATIVE. An individual with any of the following relationships to a Metro Officer: spouse, domestic partner, parent, stepparent, child, brother, stepbrother, sister, stepsister, mother-in-law, father-in-law, son-in-law, daughter-in-law, grandparent or grandchild.
(B) Metro Officers and candidates seeking to become elected Metro Officers shall be required to file with the Louisville/Jefferson County Metro Ethics Commission (the Ethics Commission) a financial disclosure statement on a form provided by the Ethics Commission and signed under oath by the filer. The financial disclosure statement shall include all of the following information:
(1) Name of filer;
(2) Current business address, business telephone number and home address of filer;
(3) Title of filer’s public office or elected office sought;
(4) Occupations of filer and the filer’s spouse or domestic partner;
(5) Information that identifies each source of income of the filer and any person with a disclosure-reporting relationship to the filer exceeding $5,000 during the preceding calendar year, and the nature of the income (e.g. salary, commission, dividends, retirement fund distribution, etc.);
(6) The name and address of any business located within the state in which the filer or any person with a disclosure-reporting relationship to the filer had at any time during the preceding calendar year an interest of $10,000 at fair market value or 5% ownership interest or more;
(7) The name, address, and telephone number of each business organization doing business within the past three years or anticipated to engage in business with the Louisville/Jefferson County Metro Government, or any Metro Agency, or any Metro Officer, in which the filer or any of the filer’s relatives has:
(a) An interest of $10,000 at fair market value or 5% ownership interest or more; or
(b) Received compensation in excess of $5,000 during the preceding calendar year. If the interest is the ownership of publicly traded securities, or publicly traded securities are the source of income, the interest need not be reported unless the officer or relative owns 5% or more of the total value of such publicly traded securities;
(8) The location and zoning designation as commercial, residential, or rural, of all real property within Jefferson County, other than the filer's primary residence, in which the filer, or any person with a disclosure-reporting relationship to the filer, had an interest of $10,000 or more during the preceding calendar year;
(9) The location and zoning designation as commercial, residential, or rural, of all real property within Jefferson County, other than the filer’s primary residence, in which the filer or any of the filer’s relatives had an interest of $10,000 or more during the preceding calendar year and which is the subject of any condemnation proceeding, any regulatory or enforcement proceeding before the Metro Planning Commission, or any proceeding before any other administrative body or court of law wherein the Louisville/Jefferson County Metro Government or any Metro Agency or Metro Officer is an interested party;
(10) Each source by name and address of gifts or honoraria having an aggregate fair market value of $200 or more from any single source, excluding gifts received from relatives, received by the filer or any person with a disclosure-reporting relationship to the filer during the preceding calendar year; and
(11) The name and address of any substantial debtor or creditor owed more than $10,000 by the filer or any person with a disclosure-reporting relationship to the filer, except debts arising from the purchase of a primary residence or the purchase of consumer goods which are bought or used primarily for personal or household purposes.
(C) (1) The financial disclosure statement required by subsection (B) of this section shall be filed annually with the Ethics Commission no later than April 30 of each year, provided that:
(a) A newly appointed Metro Officer shall file their initial statement no later than 21 days after the date of the appointment; and
(b) A candidate seeking to become an elected Metro Officer shall file their initial statement no later than 30 days after the date on which the person becomes a candidate for elected office, by filing or nomination, with initial statements for candidates in 2022 elections due no later than April 30, 2022.
(2) The Ethics Commission may grant a reasonable extension of time for filing a financial disclosure statement for good cause shown.
(3) In the event there is a material change regarding any information reported on a financial disclosure statement that has been filed with the Ethics Commission, the Metro Officer or candidate shall, no later than 30 days after becoming aware of the material change, file an amended statement with the Ethics Commission.
(D) (1) (a) The Ethics Commission shall review all financial disclosure statements filed with it. The Ethics Commission shall notify by certified mail each person required to file a statement of financial disclosure who fails to file the statement by the due date, files an incomplete disclosure, or files a statement in a form other than that required by the Commission. The notice shall specify the type of failure or delinquency, establish a date by which the failure or deficiency shall be remedied, and shall advise the person of the penalties for violation.
(b) If the person fails to remedy the deficiency identified by the Ethics Commission under (a) of this subsection, after the Commission has given the alleged violator notice of the amount of the fine the Commission intends to impose and an opportunity has been afforded the alleged violator to appear before the Commission or otherwise offer evidence as he may choose in mitigation of the imposition of the fine, the Commission may civilly fine the violator an amount not to exceed $25 per day, up to a maximum fine of $500 pursuant to § 21.99(A)(2). Any civil fine imposed by the Commission under this section may be recovered 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.
(2) If a member of the Ethics Commission or any other person believes a financial disclosure statement contains false information or intentionally omits required information, any investigation by the Ethics Commission shall require a written complaint and follow the hearing procedures of § 21.06 and the penalties provided in § 21.99.
(E) When any Metro Officer, or an Officer’s relative, shall have any private interest or financial interest, directly or indirectly, in any contract or matter pending before or within his or her office, or any Metro Agency, the Metro Officer shall disclose such interest to the Ethics Commission, the governing body of the affected Metro Agency and, if the contract or matter requires formal action by the Metro Council, to the Metro Council.
(F) Any member of the Metro Council, or the County Attorney, as well as any Metro Officer who derives his or her authority from the Metro Council or from the County Attorney, or a relative of any such person, who has a financial or private interest in any matter pending before the Metro Council shall disclose such financial or private interest on the records of the Metro Council and shall disqualify himself or herself from participating in any debate, vote, or proceeding whatsoever relating thereto, including engaging in any communications with other Metro Council Members regarding said matter. Any matter pertaining to a Metro Officer's budget or the operation of such officer's office, agency or department, including a Metro Officer's salary, shall not be construed as a “private interest”.
(G) Nothing in this section shall be construed to require any officer or employee to disclose any specific dollar amounts nor the names of individual clients or customers of businesses listed as sources of income.
(H) The Ethics Commission shall be the official custodian of the financial disclosure statement and shall have control over the maintenance of the financial disclosure statements. The financial disclosure statements shall be maintained by the Commission, or the administrative official designated by the Commission as the "custodian" of public documents, and shall be available for public inspection immediately upon filing via open records requests under KRS 61.870 et. seq.
(Lou. Metro Ord. No. 71-2003, approved 4-16-2003; Lou. Metro Am. Ord. No. 52-2010, approved 3-25-2010; Lou. Metro Am. Ord. No. 178-2014, approved 11-10-2014; Lou. Metro Am. Ord. No. 26-2022, approved 3-8-2022)