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§ 21.02 STANDARDS OF CONDUCT.
   In furtherance of the public trust assumed by Metro Officers upon their election or appointment to public office or employment, the following standards of conduct shall be applicable:
   (A)   No Metro Officer shall use or attempt to use his or her official position to secure unwarranted privileges or advantages, for himself or herself, members of his or her family or other persons.
   (B)   No Metro Officer shall act in his or her official capacity in any matter where such officer, a member of his or her family, or a business organization in which such officer has a financial interest or private interest that might reasonably be expected to impair his or her objectivity or independence of judgement.
   (C)   No Metro Officer, members of his or her family, or business organization, nonprofit entity, or labor organization in which such officer has a financial interest or private interest, shall solicit or accept any gift, favor, loan, political contribution, service, economic opportunity, promise of future employment, or other thing of value based upon an understanding, or under circumstances from which it could reasonably be inferred, that the gift, favor, loan, contribution, service, promise, or other thing of value was given or offered:
      (1)   For the purpose of influencing such officer, directly or indirectly, in the discharge of his/her official duties; or
      (2)   For the purpose of gaining access to the Metro Officer.
      (3)   Nothing herein shall be construed to apply to the solicitation or acceptance of contributions to the campaign of announced candidate for elective public office as governed by applicable provisions of the Kentucky Revised Statutes.
   (D)   No Metro Officer, however, shall be prohibited from giving or receiving nor deemed to have a conflict of interest with respect to any activities arising from:
      (1)   An award publicly presented in recognition of public service;
      (2)   Commercially reasonable loans made in the ordinary course of the lender's business; or
      (3)   Reasonable hosting, including entertainment, meals or refreshments furnished in connection with public events, appearances, or ceremonies.
   (E)   No Metro Officer authorized and qualified to solemnize a marriage shall be prohibited from accepting a gratuity for performing such ceremony.
   (F)   No Metro Officer shall use, or allow to be used, any information, not generally available to the members of the public, which such officer receives or acquires in the course and by reason of his or her office, for the purpose of securing financial gain for himself or herself, any member of his or her family, or any business organization with which such officer is associated.
   (G)   No Metro Officer or business organization in which such officer has a financial interest or private interest shall represent any person or party other than the local government in connection with any cause, proceeding, application or other matter pending before any county agency.
   (H)   No Metro Officer shall be deemed in conflict with these provisions if, by reason of such officer's participation in the enactment of any ordinance, resolution or other matter required to be voted upon, no financial gain accrues to such officer as a member of any business, profession, occupation or group, to any greater extent than any gain could reasonably be expected to accrue to any other member of such business, profession, occupation or group.
   (I)   No Metro Officer shall be deemed in conflict with the provisions of this Ethics Code, if by reason of such officer's participation in the enactment of any ordinance, resolution, or other matter required to be voted upon, financial gain is conferred upon a non-profit or charitable organization with which the Metro Officer or a member of his or her family has a financial interest or private interest if the Metro Officer has disclosed said association to the Ethics Commission through his or her annual report or a supplementary report or if the Metro Officer discloses said association with the clerk or secretary of the voting body prior to casting such vote. For purpose of this section, a Metro Officer or a member or his or her family who volunteers his or her time or makes a donation to such organization shall not be considered a financial interest or private interest.
   (J)   No Metro Officer shall be prohibited from making an inquiry for information or providing assistance on behalf of a citizen or constituent if no fee, reward or other thing of value is promised to, given to, or accepted by, the officer or a member of his or her family, whether directly or indirectly, in return therefor.
   (K)   Nothing in these standards of conduct shall prohibit any Metro Officer, or members of his or her family, from representing himself or herself, or themselves, in negotiations or proceedings concerning his or her, or their, own interests.
   (L)   Pursuant to § 21.44, a Metro Officer as that term is defined in LMCO § 21.01(1) through (2)(j) and excluding Metro Officers as defined in LMCO § 21.01(2)(k) and (l) shall not accept any engagement for the purposes of lobbying any Metro Officer or any member of the staff of any Metro Officer until at least one year has elapsed from the date when the lobbyist vacated his or her office.
(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; Am. Ord. No. 168-2022, approved 11-16-2022) Penalty, see § 21.99
§ 21.03 FINANCIAL DISCLOSURE.
   (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)
§ 21.04 NEPOTISM.
   (A)   A member of the family of a Metro Officer shall not be given preference for employment or appointment to a position in a Metro Agency if a more qualified person has made application for the same position.
   (B)   No Metro Officer shall act in his or her official capacity to hire, or caused to be hired any member of his or her family at an hourly pay rate or with benefits in excess of any other employee with similar job duties, responsibilities and qualification requirements.
   (C)   No Metro Officer shall exercise direct management or supervisory authority over any member of his or her family; nor shall any Metro Officer exercise contract management authority where any member of his or her family is employed by or is under contract to any vendor who is subject to such officer's direct authority or management.
   (D)   After the effective date of this subchapter, a member of the family of the Mayor, a member of the Metro Council, County Attorney, Sheriff, County Clerk, Coroner, Surveyor and Constable shall not be employed by or appointed to a position with such elected official's office. Any members of the family of the Metro Officers named in this section employed or serving in a position within the office of such Metro Officer on the effective date of this subchapter or amendments thereto shall be excluded from the prohibition contained in this section including its amendments.
(Lou. Metro Ord. No. 71-2003, approved 4-16-2003; Lou. Metro Am. Ord. No. 52-2010, approved 3-25-2010)
§ 21.05 LOUISVILLE/JEFFERSON COUNTY ETHICS COMMISSION.
   (A)   (1)   A Louisville/Jefferson County Metro Government Ethics Commission (the Ethics Commission) is hereby created which shall be responsible for the enforcement and administration of the Code of Ethics adopted in this chapter in the manner set forth in this chapter. When requested by a Metro Officer, a candidate seeking to become an elected Metro Officer, or a lobbyist or lobbyist’s employer as defined in § 21.40, the Ethics Commission shall issue an advisory opinion concerning acts or activities covered by this chapter. Such opinions shall be public and shall not disclose the identity of persons associated with the opinion. Confidential opinions may be issued, if requested by the entity submitting the question and only if the subject is exempt from disclosure pursuant to KRS 61.878.
   (B)   (1)   The investigation and determination of whether a person or entity has committed any violation of this chapter shall be the responsibility of the Ethics Commission. In order to ensure a thorough investigation, the Commission is authorized to appoint an investigating officer.
      (2)   When requested by an appointing authority, the Ethics Commission shall have authority to issue an opinion concerning whether or not an act or activities undertaken by a Metro Officer constitute a violation of this chapter. The Ethics Commission shall have authority to adjudicate factual issues, and to determine whether the alleged act or activity constitutes a violation of this chapter.
   (C)   (1)   The Ethics Commission shall consist of seven members appointed by the Metro Mayor and approved by the Metro Council. Ethics Commission members shall be chosen by virtue of their known and consistent reputation for integrity and their knowledge of local government affairs. No two Ethics Commission members shall reside in the same Metro Council district. Members of the Ethics Commission shall serve for a term of three years or until his or her successor is appointed. Provided, however, that the term of office may be less than three years at appointment if necessary to prevent the expiration of more than three members’ term of office in any one year. In addition, such Ethics Commission members may be reappointed for one consecutive term and shall not be eligible for reappointment until one year after the expiration of his or her last term. Members of the Ethics Commission shall not receive compensation but shall be reimbursed for reasonable expenses incurred in the performance of their official duties in the same manner as provided by existing Louisville Metro Government policy for expense reimbursement.
      (2)   The absence of any member from three consecutive meetings, unless the Ethics Commission has excused the absence for good and sufficient reason, shall constitute a resignation.
      (3)   When a vacancy occurs in the membership of the Ethics Commission, the vacancy shall, within 60 days, be filled for the unexpired portion of the term in the same manner as regular appointments. Any person appointed to fill a vacancy on the Ethics Commission must meet the qualifications and limitations set forth in this chapter.
      (4)   An Ethics Commission member may be removed from office by at least a two-thirds majority of the Metro Council, after written notice, including a clear statement of the grounds for removal, and opportunity for reply, at least 30 days before voting on removal. The sole grounds for removal shall be failure to meet the qualifications or limitations set forth in this code, neglect of duty, gross misconduct in office, inability to discharge the powers or duties of office, or a violation of this chapter.
      (5)   No member of the Ethics Commission may be, or have been within one year prior to appointment: a person serving in an elected office of any level of government or a candidate for election to office of any level of government; a Metro Officer or employee of the Metro Government; a lobbyist as defined in § 21.40 of this Code or KRS 11A.010(11); a member of a Metro Officer’s family.
   (D)   The Ethics Commission shall annually report any changes to its rules operations, or procedures to the Louisville Metro Council by August 1.
   (E)   There is hereby created the position of Legal Counsel to the Ethics Commission. The Ethics Commission shall employ Legal Counsel on contract on either a full-time or part-time basis provided that Legal Counsel employed under contract shall not be employed counsel or under contract in any capacity with Metro Government, or associated with an attorney employed by or under contract in any capacity with Metro Government.
   (F)   The Metro Human Resources Department shall provide reasonable and necessary staff support for the operation of the Ethics Commission, including all training of Metro Officers required in this section.
   (G)   The Ethics Commission shall be the official custodian of all registrations and statements to be filed under this chapter.
   (H)   (1)   The Ethics Commission shall conduct at least one annual training and review session open and available to all Metro Officers, and such other training and review activities as shall from time to time be requested by the Metro Mayor, the Metro Council, or Ethics Commission.
      (2)   All Metro Officers shall be required to attend one training session conducted by the Ethics Commission within 12 months of his or her election or appointment, and at least once every 24 months thereafter.
   (I)   The Ethics Commission shall prepare and submit an annual report to the Metro Council, summarizing the activities, decisions, and advisory opinions of the Ethics Commission. The annual report may also recommend changes to the text or administration of this Ethics Code. The annual report must be submitted no later than July 31st of each fiscal year, covering to the previous fiscal year ending June 30th, and must be filed with the Metro Council Clerk. The annual report shall be made available on the Metro website with a statement that financial disclosure forms are available for public inspection with the Ethics Commission. On a monthly basis, a report must be prepared and submitted to Metro Council if any decisions or advisory opinions have been pending for more than 180 days from the date of the complaint or request. The report shall summarize the Ethics Commission’s actions on the request or complaint, reasons for delay, and an anticipated time frame for issuance of a decision.
   (J)   The Ethics Commission shall at least every four years review this Ethics Code, the enforcement of the Ethics Code, and the Ethics Commission’s rules, regulations, and administrative procedures to determine whether they promote integrity, public confidence, and participation in Louisville Metro Government, and whether they set forth clear and enforceable, common-sense standards of conduct. After at least one public hearing, the Ethics Commission may recommend to the Metro Council amendments to this Ethics Code.
(Lou. Metro Ord. No. 71-2003, approved 4-16-2003; Lou. Metro Am. Ord. No. 116-2003, approved 6-27-2003; Lou. Metro Am. Ord. No. 52-2010, approved 3-25-2010; Lou. Metro Am. Ord. No. 88-2012, approved 5-11-2012; Am. Ord. No. 168-2022, approved 11-16-2022)
§ 21.06 COMPLAINTS, PROCEDURE, AND HEARINGS.
   (A)   Written complaints against Metro Officers, or candidates seeking to become elected Metro Officers, or lobbyists or employers as defined in § 21.40, which allege violations of this chapter may be filed by any person with the Ethics Commission and must be filed within one year of the time of the occurrence which is the subject of the complaint, or within one year of the date the occurrence was discovered or should have been discovered in the exercise of reasonable care. No unsworn complaint shall be considered by the Ethics Commission.
      (1)   The complaint shall be submitted on a form provided by the Ethics Commission and shall contain the complaining party’s name, address and contact information including telephone number, and fax number or e-mail address, if the complaining party has such contact availability. The complaint shall be made under oath and signed by the complaining party before a person who is legally empowered to administer oaths. Except as provided in § 21.03(D)(1) regarding fines imposed for a failure to file a completed financial disclosure statement, the Ethics Commission shall have no jurisdiction in the absence of a sworn complaint. The complaint form provided by the Ethics Commission shall contain a statement advising of the elements and penalties under Kentucky law for perjury and for false swearing.
      (2)   The complaint shall contain the complaining party's sworn statement as to any known facts, details, or circumstances that support the allegation of a violation, including all acts or omissions committed by the Metro Officer.
      (3)   The complaining party shall submit with the complaint all documents, recordings, pictures and other information which support the basis for the ethical violation by the officer.
      (4)   The complaining party shall provide the names and addresses of all individuals which the complaining party believes have information to support the allegation of a violation along with a summary of what information the complaining party believes each named individual has to support the alleged violation.
      (5)   A complaint that does not comply with subsections (A)(1), (A)(2), (A)(3), and (A)(4) above will not be filed in the records of the Commission, but shall be returned to the complaining party for correction or completion of any incorrect or incomplete information within ten days.
      (6)   If, after a complaint has been submitted and returned to the complaining party three times, complaining party may request in writing that the Commission review the final version of the complaint and direct that it be filed.
      (7)   The Commission may dismiss any complaint with prejudice, or dismiss individual allegations contained in the complaint. The Ethics Commission may for cause shown allow for an amendment or supplemental filing by the complaining party, grant additional time for response by the subject of the complaint, prohibit the introduction of undisclosed information, or other such order as may be just under the circumstances.
      (8)   The Ethics Commission may amend a complaint by deleting allegations that do not constitute a violation of this chapter or by deleting allegations against persons or entities not covered by this chapter. The Ethics Commission may amend a complaint to include additional documents, witnesses, or materials that support the allegation or violation. The Ethics Commission may amend the complaint to state an allegation of a violation that is apparent from the complaint or amendments to the complaint.
      (9)   The Ethics Commission may request that the Jefferson County Attorney contract independent counsel to represent the complainant at the cost of Louisville Metro Government when the Commission deems such representation necessary to ensure due process in hearings conducted before the Commission. Attorney's fees to be paid by Louisville Metro Government for complainants under this section shall not exceed $10,000 dollars per complaint action.
   (B)   Any alleged violator who is the subject of a complaint filed with the Ethics Commission shall be afforded due process by the Ethics Commission including, but not limited to, all of the following rights:
      (1)   Within ten days of its filing with the Ethics Commission, a certified copy of the complaint or any amendment thereto shall be personally served only on the alleged violator named in the complaint by handing it to the alleged violator, by leaving it at a conspicuous place in his or her office, or by leaving it at his or her dwelling house or usual place of abode with some person of suitable age and discretion then residing therein.
      (2)   The alleged violator shall be given no less than 20 days to respond to a complaint or any amendment thereto.
      (3)   The alleged violator shall have the right to legal counsel. A Metro Officer may retain their own attorney at their own expense. If requested by a Metro Officer, the Jefferson County Attorney shall contract independent counsel to represent the Metro Officer in all proceedings before the Metro Ethics Commission at the cost of Louisville Metro Government. Attorney’s fees to be paid by Louisville Metro Government for Metro Officers under this section shall not exceed $25,000 dollars per complaint action.
      (4)   An alleged violator who is the subject of any proceedings before the Ethics Commission shall be given not less than ten days notice of the date, time, and place of each proceeding. The notice shall also include a description of the matters to be heard at such proceedings together with copies of any motions or other documents to be considered in connection with the noticed proceedings whether in written or electronic form. Any individual who offers facts pertaining to the complaint shall testify under oath. Only the party filing the complaint and those individuals listed on the complaint, or a supplemental list provided to the alleged violator by the Ethics Commission in accordance with subsection (B)(1) above and provided not less than ten days prior to the proceedings, shall be permitted to testify in support of the violation. Only documents filed with the Ethics Commission at the time of the institution of the complaint, or supplemented not less than ten days prior to the proceedings, shall be considered by the Ethics Commission. The names and information of all individuals and documents provided by the complaining party shall be immediately forwarded to the alleged violator.
      (5)   Any information whether in documentary or electronic format which is not furnished to the Ethics Commission or to the alleged violator in compliance with subsection (B)(4) above shall not be used for any purpose in any proceeding before the Ethics Commission.
      (6)   If any hearing before the Ethics Commission is based upon a complaint of an individual, not less than ten days before the date of the hearing, the complainant shall be notified to appear at the time and place of the hearing by certified mail. If the complaining party does not appear, the hearing shall be continued to a later date, however no hearing will be held unless the complainant within ten days of the original hearing dates states in writing circum- stances that compelled complainant’s absence. If the Ethics Commission does not find that extraordinary circumstances exist to justify the complaining party’s absence, such complaint may be dismissed.
      (7)   A complaint filed against an alleged violator shall be given a hearing as provided by this subchapter within 120 days of the complaint being filed, unless the Commission grants, for good cause shown, extensions of time not to exceed a total of 60 days. Otherwise the complaint shall be dismissed with prejudice and not be considered by any hearing authority.
      (8)   The alleged violator shall be permitted to present to the Ethics Commission, at any proceeding before the Ethics Commission involving an alleged violator, or otherwise, any witnesses or any electronic or documentary evidence the alleged violator wishes, subject only to reasonable standards of relevance and materiality, and may examine or cross-examine all witnesses called to testify at such a proceeding.
      (9)   Per KRS § 65.003(7), the Ethics Commission has authority to issue subpoenas to compel the attendance and testimony of witnesses or the production of documents, books, papers, or other records in connection with any compliant filed with the Ethics Commission alleging violation(s) under this chapter. Subpoenas may be issued by the majority of the members of the Ethics Commission and shall be served in the same manner as subpoenas for witnesses in civil cases. All provisions of law relative to subpoenas issued in such cases shall apply to subpoenas issued by the Ethics Commission. Upon petition by the Ethics Commission, any Circuit Court within the jurisdiction of which any inquiry is being carried on may, in case of refusal to comply with a subpoena or order of the Commission, issue an order requiring compliance. Any failure to comply with the order of the court may be punished by the court as contempt thereof.
      (10)   Any evidence presented against an alleged violator at any proceeding before the Ethics Commission involving an alleged violator, including witnesses and electronic or documentary evidence, shall be subject to reasonable standards of relevance and materiality.
      (11)   No person shall offer evidence at any proceeding before the Ethics Commission involving an alleged violator unless the person is first placed under oath in accordance with law. No person other than counsel for the Ethics Commission, or the alleged violator involved in a proceeding before the Ethics Commission, or the alleged violator’s counsel, who refuses to be placed under oath may speak at any such proceeding.
   (C)   A violator found guilty by clear and convincing evidence by the Ethics Commission of violating the Ethics Code may appeal the decision to a court of competent jurisdiction as provided by law. Any such appeal shall be served on Legal Counsel for the Ethics Commission.
   (D)   No person shall file a complaint against an alleged violator with the Ethics Commission which complaint is false, or made in bad faith, or with actual malice, or without probable cause. In the event that such a complaint is filed with the Ethics Commission, it shall be forwarded to the Commonwealth’s Attorney, together with all electronic and documentary materials related to the complaint, for action as that official may deem appropriate.
   (E)   All Ethics Commission records, including the complaint and answer and other records relating to a preliminary inquiry, shall be confidential until a final determination is made by the Ethics Commission, except:
      (1)   The Ethics Commission may turn over to the Attorney General, the United States Attorney, Commonwealth’s Attorney, County Attorney, or a law enforcement agency within the jurisdiction, evidence which may be used in criminal proceedings;
      (2)   If the complaining party or alleged violator publically discloses the existence of a preliminary inquiry, the Ethics Commission may publically confirm the existence of the inquiry and, in its discretion, make public any documents which were issued to either party;
      (3)   The Ethics Commission shall make disclosure that are required, and not subject to exemption, under Kentucky’s open records and open meetings laws.
   (F)   Following a hearing on a complaint filed against an alleged violator pursuant to the Metro Code of Ethics, the record of the hearing may remain open no more than 60 days for the filing of post-hearing pleadings and documents, including transcripts and recommended orders. Upon showing of good cause, the Ethics Commission may extend the period for an additional 60 days. The Ethics Commission shall render a final decision within 30 days following the closing of the record.
(Lou. Metro Ord. No. 71-2003, approved 4-16-2003; Lou. Metro Am. Ord. No. 215-2008, passed 12-15-2008; Lou. Metro Am. Ord. No. 52-2010, approved 3-25-2010; Lou. Metro Am. Ord. No. 88-2012, approved 5-11-2012; Lou. Metro Am. Ord. No. 237-2013, approved 12-23-2013; Lou. Metro Am. Ord. No. 239-2013, approved 12-23-2013; Lou. Metro Am. Ord. No. 178-2014, approved 11-10-2014; Lou. Metro Am. Ord. No. 184-2017, approved 10-19-2017; Lou. Metro Am. Ord. No. 26-2022, approved 3-8-2022; Am. Ord. No. 168-2022, approved 11-16-2022)
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