(A) The Kentucky Rules of Civil Procedure and the Kentucky Rule of evidence shall not apply to hearings conducted by the Board.
(B) (1) Prior to the commencement of the hearing, the alleged violator, or his or her representative, shall have reasonable opportunity to examine all documents and records obtained or prepared by the Board in connection with the matter to be heard.
(2) The Board shall inform the alleged violator, or his or her representative, or any exculpatory evidence in its possession.
(C) All hearings of the Board shall be public unless the members vote to go into executive session in accordance with KRS 61.810.
(D) If the Board concludes in its reports that no violation of this subchapter 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.
(E) If the Board concludes in its reports that in consideration of the evidence produced at the hearing there is clear and convincing proof of a violation of this subchapter, 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 governing body of the city;
(3) In writing, recommend to the governing body that the violator be sanctioned as recommended 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;
(5) Refer evidence of criminal violations of this subchapter or state laws to the authorities of the jurisdiction for prosecution.
(F) Notwithstanding the foregoing, the Board or governing body shall take no action in the enforcement of this subchapter that is contrary to the constitutions of the commonwealth or the United States.
(Ord. 94-24, passed 12-20-1994)