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The legislative body of the city finds and declares that:
(A) Public office and employment with the city are public trusts;
(B) The vitality and stability of the government of this city depends upon the public’s confidence in the integrity of its elected and appointed officers and employees. Whenever the public perceives a conflict between the private interest and public duties of a city officer or employee, that confidence is imperiled; and
(C) The government of this city has a duty to provide its citizens with standards by which they may determine whether public duties are being faithfully performed, and to make its officers and employees aware of the standards which the citizenry rightfully expects them to comply with while conducting their public duties.
(Prior Code, § 39.02) (Ord. 571, passed 12-6-1994)
(A) It is the purpose of this chapter to provide a method of assuring that standards of ethical conduct and financial disclosure requirements for officers and employees of the city shall be clearly established, uniform in their application and enforceable, and to provide the officers and employees of the city with advice and information concerning potential conflicts of interests which might arise in the conduct of their public duties.
(B) It is the further purpose of this chapter to meet the requirements of KRS 65.003, as enacted by the state’s 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.
(Prior Code, § 39.03) (Ord. 571, passed 12-6-1994)
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’s Board of Ethics, which is created and vested in 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 Owenton, Kentucky.
CITY AGENCY. Any board, commission, authority, nonstock corporation or other entity created, either individually or jointly, by this city.
EMPLOYEE. Any person, whether full time or part-time, and whether paid or unpaid, who is employed by or provides service to the city. The term EMPLOYEE shall not include any contractors or subcontractors 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.
IMMEDIATE FAMILY MEMBER. A spouse, an unemancipated child residing in the officer’s or employee’s household, or a person claimed by the officer or employee, or the officer’s or employee’s spouse, as a dependent for tax purposes.
OFFICER. Any person, whether full-time or part-time, and whether paid or unpaid, who is one of the following:
(1) The Mayor;
(2) A legislative body member;
(3) The City Clerk-Treasurer;
(4) The City Attorney;
(5) Any person who occupies a nonelected office created under KRS 83A.080; and
(6) A member of the governing body of any city agency who has been appointed to the governing body of the agency by the city.
(Prior Code, § 39.04) (Ord. 571, passed 12-6-1994)
STANDARDS OF CONDUCT
Every officer and employee of the city and every city agency shall comply with the following standards of conduct:
(A) No officer or employee, or any immediate family member of any 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, or agree to take or refrain from taking any discretionary 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; 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) above, 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) 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 governing body of the city or city agency served by the officer or employee, and the disclosure shall be entered on the official record of the proceedings of the governing body. The officer or employee shall refrain from taking any action with respect to the matter that is the subject of the disclosure.
(Prior Code, § 39.10) (Ord. 571, passed 12-6-1994) Penalty, see § 39.999
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.
(A) The prohibition above shall not apply to contracts entered into before an elected officer filed as a candidate for city 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 became a candidate, was appointed to office or was hired as an employee, is renewable after he or she becomes a candidate, assumes the appointed office or is hired as an employee, then the prohibition above shall apply to the renewal of the contract.
(B) The prohibition above 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 (C) below are satisfied.
(C) The prohibition above shall not apply in any case where the following requirements are satisfied:
(1) 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 governing body of the city or city agency;
(2) The disclosure is made a part of the official record of the governing body of the city or city agency before the contract is executed;
(3) A finding is made by the governing body of the city or city agency that the contract with the officer or employee is in the best interest of the public and the city or city agency because of price, limited supply or other specific reasons; and
(4) The finding is made a part of the official record of the governing body of the city or city agency before the contract is executed.
(Prior Code, § 39.11) (Ord. 571, passed 12-6-1994) Penalty, see § 39.999
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