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(A) The Board of Ethics may render advisory opinions concerning matters under its jurisdiction, based upon real or hypothetical facts and circumstances, upon its own initiative or when requested by any officer or employee of the city or a city agency who is covered by this subchapter.
(B) An advisory opinion shall be requested in writing and shall state relevant facts and ask specific questions. The request for an advisory opinion shall remain confidential, unless confidentiality is waived, in writing, by the requestor.
(C) (1) The Board may adopt regulations, consistent with the state’s Open Records Law, being KRS 61.870 through 61.884, to establish criteria under which it will issue confidential advisory opinions.
(2) All other advisory opinions shall be public documents, except that before an advisory opinion is made public, it shall be modified so that the identity of any person associated with the opinion shall not be revealed.
(D) The confidentiality of an advisory opinion may be waved either:
(1) In writing by the person who requested the opinion; or
(2) By majority vote of the members of the Board, if a person makes or purports to make public the substance or any portion of an advisory opinion requested by or on behalf of the person. The Board may vote to make public the advisory opinion request and related materials.
(E) A written advisory opinion issued by the Board shall be binding on the Board in any subsequent proceeding concerning the facts and circumstances of the particular case if no intervening facts and circumstances arise which would change the opinion of the Board if they had existed at the time the opinion was rendered. However, if any facts determined by the Board to be material was omitted or misstated in the request for an opinion, the Board shall not be bound by the opinion.
(F) A written advisory opinion issued by the Board shall be admissible in the defense of any criminal prosecution or civil proceedings for the violations of this subchapter for actions taken in reliance on that opinion.
(Prior Code, § 39.49) (Ord. 571, passed 12-6-1994)
(A) No officer or employee of the city or any city agency shall subject to reprisal, or directly or indirectly use, or threaten to use, any official authority or influence in any manner whatsoever which tends to discourage, restrain, deter, prevent, interfere with, coerce or discriminate against any person who in good faith reports, discloses, divulges or otherwise brings to the attention of the Board of Ethics, or any other agency or official of the city or the commonwealth, any facts or information relative to an actual or suspected violation of this chapter.
(B) This section shall not be construed as prohibiting disciplinary or punitive action if an officer or employee of the city or any city agency discloses information which he or she knows:
(1) To be false or which he or she discloses with reckless disregard for its truth or falsity;
(2) To be exempt from required disclosure under the provisions of the state’s Open Records Act, KRS 61.870 through 61.884; or
(3) To be confidential under any other provisions of law.
(Prior Code, § 39.50) (Ord. 571, passed 12-6-1994)
(A) Any person violating any provision of this chapter for which no specific penalty is prescribed shall be subject to § 10.99 of this code of ordinances.
(B) Any officer or employee of the city or any city agency who is found by the Board of Ethics to have violated any provision of this chapter for which no other penalty is specifically provided shall be deemed guilty of a civil offense and may be subject to a civil fine imposed by the Board of Ethics not to exceed $1,000, which may be recovered by the city in a civil action in the nature of debt if the offender fails to pay the penalty within a prescribed period of time.
(C) (1) Anyone who violates § 39.016 of this code shall, upon conviction, be guilty of a Class A misdemeanor and the court may void any contract entered into in violation of this section.
(2) Additionally, a violation of § 39.016 of this code 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.
(D) (1) Any person who fails or refuses to file the statement or who fails or refuses to remedy a deficiency in the filing identified in the notice under § 39.040 of this code within the time period established in the notice shall be guilty of a civil offense and shall be subject to a civil fine imposed by the Board in an amount not to exceed $25 per day, up to a maximum total civil fine of $500.
(2) Any civil fine imposed by the Board under this section may be recovered by the city in civil action in the nature of debt if the offender fails or refuses to pay the penalty within a prescribed period of time.
(Prior Code, § 39.25)
(E) In addition to all other penalties which may be imposed under this chapter, any officer or employee of the city or any city agency who is found by the Board of Ethics to have violated any provisions of this chapter shall forfeit to the city or the city agency an amount equal to economic benefit or gain which the officer or employee is determined by the Board to have realized as a result of the violation. The amount of any forfeiture may be recovered by the city in a civil action in the nature of debt, if the offender fails to pay the amount of the forfeiture within a prescribed period of time.
(F) In addition to all other penalties which may be imposed under this chapter, a finding by the Board of Ethics that an officer or employee of the city or any city agency is guilty of a violation of this chapter shall be sufficient cause for removal, suspension or demotion, or other disciplinary action by the executive authority of the city or city agency, or by any other officer or agency having the power of removal or discipline. Any action to remove or discipline any officer or employee for a violation of this chapter shall be taken in accordance with all applicable ordinances and regulations of the city and all applicable laws of the commonwealth.
(Prior Code, § 39.99)
(Ord. 571, passed 12-6-1994)