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§ 40.03 PURPOSE; AUTHORITY.
   (A)   It is the purpose of this chapter to provide a method of assuring that standards of ethical conduct and financial disclosure requirements of the city shall be clearly established and uniform in nature.
   (B)   It is further the purpose of this chapter to meet the requirements of KRS 65.003, as enacted by the 1994 Kentucky General Assembly.
   (C)   This chapter is enacted under the power vested in the city by KRS 82.082 and pursuant to requirements of KRS 65.003 et seq.
(`96 Code, § 39.03) (Ord. 1994-13, passed 10-27-1994)
§ 40.04 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 City of Ludlow Board of Ethics, which is created and vested by this chapter with the responsibility of enforcing the requirements of the city’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 city 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.
   CITY. The City of Ludlow, Kentucky.
   CITY AGENCY. Any board, commission, authority, non-stock corporation or other entity created, either individually or jointly, by the city.
   EMPLOYEE. Any person, whether full-time or part-time, who is employed by or provides service to the city. The term EMPLOYEE shall not include any contractor or subcontractor or any of their employees.
   FAMILY MEMBER. A spouse, parent, child, brother, sister, mother-in-law, father-in-law, son-in-law, daughter-in-law, grandparent or grandchild.
   OFFICER. Any person, whether full-time or part-time, who is one of the following:
      (1)   The Mayor;
      (2)   A City Council member;
      (3)   The City Administrator;
      (4)   The City Clerk-Treasurer; and
      (5)   A Board of Adjustment, Park Board, Property Maintenance Board of Appeals or Civil Service Commission member.
(`96 Code, § 39.04) (Ord. 1994-13, passed 10-27-1994)
STANDARDS OF CONDUCT
§ 40.20 CONFLICT OF INTEREST IN GENERAL.
   Every officer and employee of the city and every city agency shall comply with the following standards of conduct.
   (A)   No 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 city 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, agree to take or refrain from taking any disciplinary action or induce or attempt to induce any other officer or employee to take or refrain from taking any discretionary action, on any matter before the city 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 in which the officer or employee or any family member has a financial interest; and/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 in divisions (C)(4) and (C)(5) of this section, 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)   (1)   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 City Council or city agency served by the officer or employee, and the disclosure shall be entered on the official record of the proceedings of the City Council.
      (2)   The officer or employee shall refrain from taking any action with respect to the matter that is subject to disclosure.
(`96 Code, § 39.20) (Ord. 1994-13, passed 10-27-1994) Penalty, see § 40.99
§ 40.21 CONFLICT OF INTEREST IN CONTRACTS.
   Every officer and employee of the city and every city agency shall comply with the following standards of conduct regarding contracts:
   (A)   No officer or employee of the city or any city 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 city or a city agency, except as follows:
      (1)   The prohibition in division (A) of this section shall not apply to contracts entered into before an elected officer was elected to office, before an appointed officer was appointed to a city or city agency office, or before an employee was hired by the city or a city agency. However, if any contract entered into by a city or city agency officer or employee before he or she was elected to office, was appointed to office, or was hired as an employee, is renewable after he or she is elected to office, assumes the appointed office or is hired as an employee, then the prohibition in division (A) of this section shall apply to the renewal of the contract.
      (2)   The prohibition in division (A) of this section 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) of this section are satisfied.
      (3)   The prohibition in division (A) of this section 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 City Council or city agency.
         (b)   The disclosure is made a part of the official record of the City Council or city agency before the contract is executed.
         (c)   A finding is made by the City Council or city agency that the contract with the officer or employee is in the best interests of the public and the city or city agency because of price, limited supply or other specific reasons.
         (d)   The finding is made a part of the official record of the City Council or city 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 city in accordance with any applicable provisions of state law and ordinances, rules or regulations of the city.
(`96 Code, § 39.21) (Ord. 1994-13, passed 10-27-1994) Penalty, see § 40.99
§ 40.22 RECEIPT OF GIFT.
   No officer or employee of the city or any city 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.
(`96 Code, § 39.22) (Ord. 1994-13, passed 10-27-1994) Penalty, see § 40.99
§ 40.23 USE OF CITY PROPERTY, EQUIPMENT AND PERSONNEL.
   No officer or employee of the city shall use or permit the use of any city 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 city policy; or
   (B)   The use is available to the general public and then only to the extent and upon the terms that such use is available to the general public.
(`96 Code, § 39.23) (Ord. 1994-13, passed 10-27-1994) Penalty, see § 40.99
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