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The Board of Ethics shall have the following powers and duties:
(A) The Board of Ethics is established to enforce the provisions of this code of ethics. The Board of Ethics shall, on the written request of any official, candidate, nominee or employee coming under the code of ethics, render advisory opinions concerning the provisions of this code of ethics. The Board may, at its discretion, publish its advisory opinion with such deletions as may be necessary to prevent disclosure of the individual or individuals involved or concerned.
(B) The Board shall receive, hear and investigate complaints concerning violations of this code of ethics. In any instance in which the Board of Ethics finds that a violation of the code of ethics exists, the Board may impose the appropriate penalty. In hearing and investigating complaints concerning violations of this code of ethics, the Board shall have the power to subpoena witnesses, administer oaths, take testimony and require other productions of evidence. The Board shall also control and maintain all statements of financial interests and make sure that they are available for public inspection in accordance with the Kentucky Open Records Act.
(C) Any person who fails or refuses to obey a lawful order issued in the exercise of these powers by the Board of Ethics shall be guilty of a Class A misdemeanor.
(Prior Code KOC, § 160.1, passed 11-5-1994)
(A) All complaints alleging any violation of the provisions of this chapter shall be submitted to the Board of Ethics, or the administrative official designated by the Board of Ethics. All complaints shall be in writing, signed by the complainant, and shall meet any other requirements established by the Board of Ethics. The Board of Ethics shall acknowledge receipt of a complaint to the complainant within 10 working days from the date of receipt. The Board shall forward within 10 working days to each officer or employee of the city or city agency who is the subject of the complaint a copy of the complaint and a general statement of the applicable provisions of this chapter.
(B) Within 30 days of the receipt of a proper complaint, the Board of Ethics shall conduct a preliminary inquiry concerning the allegations contained in the complaint. The Board shall afford a person who is the subject of the complaint 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.
(C) All proceedings and records relating to a preliminary inquiry being conducted by the Board of Ethics shall be confidential until a final determination is made by the Board except:
(1) The Board may turn over to the Commonwealth’s attorney or county attorney evidence which may be used in criminal proceedings.
(2) If the complainant or alleged violator publicly disclose the existence of a preliminary inquiry, the Board may publicly confirm the existence of the inquiry, and, at its discretion, make public any documents which were issued to either party.
(D) The Board shall make a determination based on its preliminary inquiry whether the complaint is within its jurisdiction and, if so, whether it alleges a minimal factual basis to constitute a violation of this chapter. If the Board concludes that the complaint is outside of its jurisdiction, frivolous or without factual basis, the Board shall immediately terminate the inquiry, reduce the conclusion to writing, and transmit a copy of its decision to the complainant and to all officers or employees against whom the complaint was filed.
(E) If the Board of Ethics concludes, based upon its preliminary inquiry, that the complaint is within its jurisdiction and contains allegations sufficient to establish a minimal factual basis to constitute a violation, the Board shall notify the officer or employee who is the subject of the complaint and may:
(1) Due to mitigating circumstances such as, lack of significant economic advantage or gain by the officer or employee, lack of economic loss to the city and its taxpayers or lack of significant impact on public confidence in city government issue, in writing, a confidential reprimand to the officer or employee concerning the alleged violation and provide a copy of the confidential reprimand to the Mayor and City Council; and
(2) Initiate a hearing to determine whether there has been a violation.
(F) Any person who knowingly files with the Board a false complaint alleging a violation of any provision of this chapter by an officer or employee of the city or any city agency shall be guilty of a Class A misdemeanor.
(Prior Code KOC, § 160.1, passed 11-5-1994)
If the Board of Ethics determines that a hearing regarding allegations contained in the complaint is necessary, the Board shall issue an order setting the matter for a hearing within 30 days of the date the order is issued, unless the alleged violator petitions for and the Board consents to a later date. The order setting the matter for hearing, along with a copy of any pertinent regulations of the Board relating to the hearing shall be sent to the alleged violator within 24 hours of the time the order setting a hearing is issued.
(Prior Code KOC, § 160.1, passed 11-5-1994)
(A) The Kentucky Rules of Civil Procedure and the Kentucky Rules of Evidence shall not apply to hearings conducted by the Board of Ethics; however, the hearing shall be conducted in accordance with this section and in accordance with any additional rules and regulations adopted by the Board so as to afford all parties the full range of due process rights required by the nature of the proceedings.
(B) Prior to the commencement of the hearing, the alleged violator, or his or her representative, shall have a reasonable opportunity to examine all documents and records obtained or prepared by the Board in connection with the matter to be heard. The Board shall inform the alleged violator, or his or her representative, of any exculpatory evidence in its possession.
(C) All testimony in a Board hearing shall be taken under oath, administered by the presiding officer. 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. All witnesses shall have the right to be represented by counsel.
(D) Any person whose name is mentioned during the hearing and who may be adversely affected thereby may appear personally before the Board, with or without counsel, to give a statement regarding the adverse mention, or may file a written statement regarding the adverse mention for incorporation into the record of the proceeding.
(E) All hearings of the Board of Ethics shall be public, unless the members vote to go into executive session in accordance with KRS 61.810.
(F) After the conclusion of the hearing, the Board of Ethics shall, as soon as practicable, begin deliberations in executive session for the purpose of reviewing the evidence before it and making a determination whether a violation of this chapter has been proven. Within 30 days after completion of the hearing, the Board shall issue a written report of its findings and conclusions.
(G) If the Board concludes in its report that no violation of this chapter has occurred, it shall immediately send written notice of this determination to the officer or employee who was the subject of the complain and to the party who filed the complaint.
(H) If the Board concludes in its report that in consideration of the evidence produced at the hearing there is clear and convincing proof of violation of this chapter, 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 Mayor and City Council;
(3) In writing, recommend to the Mayor and City Council 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; and
(5) Refer evidence of criminal violations of this ordinance or state laws to the County Attorney or Commonwealth’s Attorney of the jurisdiction for prosecution.
(Prior Code KOC, § 160.1, passed 11-5-1994)
Any person who is found guilty of a violation of any provision of this chapter by the Board of Ethics may appeal the finding to the circuit court of the county within 30 days after the date of the final action by the Board of Ethics by filing a petition with the court against the Board. The Board shall transmit to the clerk of the court all evidence considered by the Board at the public hearing.
(Prior Code KOC, § 160.1, passed 11-5-1994)
(A) Except when another penalty is specifically set forth in this chapter, any officer or employee of the city or city agency who is found by the Board of Ethics to have violated any provision of this chapter shall 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. Court costs and attorney fees may also be recovered.
(B) 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 provision of this chapter shall forfeit to the city or the city agency an amount equal to the 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. Court costs and attorney fees may also be recovered.
(C) In addition to all other penalties which may be imposed under this chapter, a finding by the Board of Ethics than 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, demotion or other disciplinary action by the Mayor subject to the approval by the City Council, 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 of Kentucky.
(Prior Code KOC, § 160.1, passed 11-5-1994)