(A) Composition. The County Ethics Commission shall consist of three citizen members. The Commission shall annually select a Chairperson. The members shall be appointed by the County Judge-Executive with the approval of the Fiscal Court. Members shall receive no compensation but may be reimbursed all necessary expenses. The terms of members shall be staggered and no longer than four years.
(B) Powers and duties.
(1) The Commission shall have jurisdiction over the administration of this Code and enforcement of the civil penalties prescribed by this Code.
(2) The Commission may receive and initiate complaints; initiate investigations on its own motion; and conduct investigations, inquiries and hearings concerning any matter covered by this Code.
(3) The Commission may administer oaths; request the attendance of witnesses and the production of papers, books, accounts, documents and testimony; and have the deposition of witnesses taken in the manner prescribed by the State Rules of Civil Procedure for taking depositions in civil actions. A failure of any individual subject to this Code of Ethics to comply with request for appearance or documents shall be considered a violation of this subchapter.
(4) The Commission may render advisory opinions whether or not a given set of facts and circumstances constitute a violation of any provision of this Code.
(5) The Commission shall prescribe and provide forms for reports, statements, notices and other documents required by this Code.
(6) The Commission shall determine whether the required statements and reports have been filed and, if filed, whether they conform with the requirements of this Code. The Commission shall promptly give notice to the filer to correct or explain any omission or deficiency.
(7) The Commission may retain private counsel at the expense of the county if the County Attorney has an actual or potential conflict.
(C) Complaint procedure; preliminary investigations.
(1) (a) Upon a complaint signed under penalty of perjury by any person, or upon its own motion, the Commission shall investigate any alleged violation of this Code.
(b) Not later than ten days after the Commission receives the complaint, the Commission shall initiate a preliminary inquiry into any alleged violation of this Code.
(c) Within 30 days of the commencement of the inquiry, the Commission shall forward a copy of the complaint and a general statement of the applicable law to the person alleged to have committed a violation.
(2) The Commission shall afford a person who is the subject of a preliminary investigation an opportunity to respond to the allegations in the complaint. The person shall have the right to be represented by counsel, to appear and be heard under oath and to offer evidence in response to the allegations in the complaint.
(3) If the Commission determines in the preliminary investigation that the complaint does not allege facts sufficient to constitute a violation of this Code, the Commission shall immediately terminate the inquiry and notify in writing the complainant and the person alleged to have committed a violation. The Commission may inform the alleged violator of potential violations and provide information to ensure future compliance with the law.
(4) If the Commission, during the course of the preliminary investigation, finds probable cause to believe that a violation of this Code has occurred, the Commission shall notify the alleged violator of the finding, and the Commission, upon majority vote, may:
(a) Due to mitigating circumstances such as lack of significant economic advantage or gain by the alleged violator, lack of significant economic loss to the county, or lack of significant impact on public confidence in government, reprimand, in writing, the alleged violator for potential violations of the law and provide a copy of the reprimand to the county judge; and/or
(b) Initiate an adjudicatory proceeding to determine whether there has been a violation.
(D) Adjudicatory proceedings; action by Commission; appeal.
(1) The State Rules of Civil Procedure and State Rules of Evidence shall apply to all Commission adjudicatory hearings. All testimony in a Commission adjudicatory proceeding shall be under oath. 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 and any other due process rights, privileges and responsibilities of a witness appearing before the courts of the state. All witnesses shall be entitled to be represented by counsel.
(2) Any person whose name is mentioned during adjudicatory proceedings of the Commission and who may be adversely affected thereby may appear personally before the Commission on his or her own behalf, with or without an attorney, to give a statement in opposition to the adverse mention or file a written statement of that opposition for incorporation into the record of proceeding.
(3) All adjudicatory proceedings of the Commission carried out pursuant to the provisions of this section shall be public, unless the members vote to go into executive session in accordance with KRS 61.810.
(4) Within 30 days after the end of an adjudicatory proceeding pursuant to the provisions of this section, the Commission shall meet in executive session for the purpose of reviewing the evidence before it. Within 30 days after completion of deliberations, the Commission shall publish a written report of its findings and conclusions.
(5) The Commission may refer to the County Attorney or Commonwealth’s Attorney for prosecution evidence of criminal violations of this Code.
(6) Findings of fact or final determinations by the Commission that a violation of this Code has been committed, or any testimony related to the Commission’s findings of fact or final determinations, shall not be admissible in criminal proceedings in the courts of the state. Evidence collected by the Commission may be used in a criminal proceeding if otherwise relevant.
(7) Any person found by the Commission to have committed a violation of this Code may appeal the action to the County Circuit Court. The appeal shall be initiated within 30 days after the date of the final action of the Commission by filing a petition with the Court against the Commission. The Commission shall transmit to the Clerk of the Court all evidence considered by the Commission at the public hearing. The Court shall hear the appeal upon the record as certified by the Commission.
(Ord. 94-221-53, passed 12-6-1994) Penalty, see § 30.99