(A) The Kentucky Rules of Civil Procedure and the Kentucky Rules of Evidence shall apply to all Board adjudicatory hearings. All testimony in a commission Board adjudicatory proceeding shall be taken under oath. All parties shall have the right to call and 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 Commonwealth of Kentucky. All witnesses shall be entitled to be represented by counsel.
(B) Any person whose name is mentioned during adjudicatory proceedings of the commission and who may be adversely affected thereby may appear personally before the Board on the person’s own behalf, with or without counsel, to give a statement of opposition to the adverse mention or file a written statement of that opposition for incorporation into the record of the proceeding.
(C) All adjudicatory proceedings of the Board 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.
(D) Within thirty (30) days after the end of an adjudicatory proceeding, pursuant to the provisions of this section the Board shall meet in executive session for the purpose of reviewing the evidence before it. Within thirty (30) days after completion of deliberations, the commission shall publish a written report of its findings and conclusions.
(E) If the Board of Ethics concludes in it’s report that in consideration of the evidence produced at the hearing, there is clear and convincing proof of a violation of this chapter, the Board may:
(1) Issue an order requiring the violator to cease and desist the violation;
(2) Issue an order requiring the violator to file any report, statement, or other information as required by this code;
(3) In writing, publicly reprimand the violator for potential violations of the law and provide a copy of the reprimand to the Mayor and City Commissioners;
(4) Issue an order requiring the violator to pay a civil penalty of not more than five hundred dollars ($500.00);
(5) Refer evidence of criminal violations of this code to the County Attorney or Commonwealth’s Attorney for prosecution, if there is potential or actual conflict.
(F) Findings of fact or final determinations by the Board that a violation of this code has been committed, or any testimony related to the Board’s findings of fact or final determinations shall not be admissible in criminal proceedings in the courts of the Commonwealth of Kentucky. Evidence collected by the Board may be used in a criminal proceeding if otherwise relevant.
(Ord. 94-39, passed 11-22-94)
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Cross reference:
Closed sessions, see § 28.101
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Statutory reference:
Executive sessions, see KRS 61.810